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Stolen Title Pages: The Case of An Unknown Contemporary Plagiarist

“Stolen Title Pages”:
The Case of An Unknown Contemporary Plagiarist*

The title of this post – “Stolen Title Pages” – is not mine, instead, I have borrowed it from Chaim Lieberman.[1] I have used this title because there are many forms of plagiarism – some, totally innocent – others involving lack of citation, borrowing a sentence here or there, but the plagiarism under discussion in this post is much worse than all of the above.[2] The plagiarism discussed in this post is limited to just changing the title page – that is, the entire book is the same with the only alteration being the name of the author and, at times, the title of the book. For example, if I republished Shakespeare’s Romeo and Juliet but instead of putting Shakespeare’s name I substituted mine.

The kabbalistic work on the holidays of the year, by R. Yitzhak Isaac ben Yoel HaKohen, Brit Kehunat Olam, was recently republished. This work was first published in 1796 in Lvov, and has been reprinted many times since then. In the introduction of this new edition, the publishers list the various printings of this work. But, they neglected to mention one reprint of this work. One can’t really fault them as this reprint was not published under the name Brit Kehunat Olam, nor did R. Yitzhak Isaac’s name appear anywhere in this reprint. Instead, although the book is word for word the same as Brit Kehunat Olam, a totally different title and a totally different author is given. As we shall see this is not the only time this person has taken someone else book for his own. This reprint which was done sometime around 2000 is instead titled Pardes haMo’adim ‘al Moadi Yisrael. The author is הצב”ר which, according to the many approbations he has received, is an abbreviation of R. Tzyion ben Ratson Lahat.

The Pardes haMo’adim contains approbations from R. Shimon Sherabi, the Rabbis of Kiryat Melachi – R. Hayyim Pinto and R. Yisrael Areyeh Gerstenkorn, R. Meshumar Tzubri, and R. Yisrael Sherabi. Some of these praise Lahat for his erudition in writing this work, others note his “great fear of sin,” but none of these haskamot note that every word in this book is plagiarized.

For purposes of accuracy, I must note, that Lahat did alter one thing aside from the title page. Perhaps in an effort to avoid detection he shifted the sections around. So, one can’t take page one and match it up, instead, you just need to find the section. This is not as hard as it would seem as Lahat used the same chapter headings as the original. So, for instance, the scan below you have the chapter titled מאמר מצות משוחים בשמן from both works. The newer type (on the right), without the commentary of the Sha’ar Shimon, is Lahat’s edition while the other (on the left) is the original.

Lest one think it is just that section or just the Brit Kehunat Olam that Lahat copied, I have provided another section – מאמר סכת שלם. Again you can see it is copied word for word. But, I also want to point out it is not just the Brit Kehunat Olam he copied but the commentary, Shem miShimon by R. Shimon Englander as well. As one can see, the notes on the bottom provide citations as well as further elucidations of the Brit Kehunat Olam. Although Lahat did not use footnotes – he used endnotes – they are the same as well.

I have provided below the pages from both Brit Kehunat Olam (on the left) which includes the Shem miShimon at the bottom. The other pages (to the right and bottom) are Lahat’s page from this section and the final page is Lahat’s notes which match up perfectly with the Shem miShimon.

As I mentioned above this is not the first time Lahat has stolen a prior work and substituted his name for that of the author. Instead, I have found at least two other times, where he did the same thing. In fact, one of the approbations for Pardes haMo’adim actually makes mention of this prior plagiarized work. This other work is Lahat’s book Minhagei haAriza”l. This work was published sometime after 1996. It contains four parts. Again, הצב”ר appears on the title page and all the approbations are written to R. Tzyion ben Ratson Lahat (as an aside his last name may actually be רווה [Ravah] as he dedicates this book to his brother Naftali bar Ratson Ravah). This work, with one slight change which I will discuss in a moment, is word for word from the book Minhagei haArizal haNikrah Petura d’Abba by R. Uri ben Asher Strizinitzer [3] first published in Jerusalem 1905.

This work takes fifth and the sixth sha’ar from R. Chaim Vital’s Shemonah She’arim which contain the bulk of the customs of R. Yitzhak Luria(Ari”ZaL). R. Strizinitzer, then includes his commentary, titled Beni Abba, which explains and offers sources for the customs of R. Yitzhak Luria. This work contains the approbation of R. Shalom Mordechi haKohen (the Braziner Rebbi). When he originally published this work, R. Strizinitzer did so anonymously. When he published a similar work Me’ori Tzion he revealed himself based upon an acrostic on the title page. The Meori Tzion was the fourth and final part of R. Strizinitzer’s work on the customs of R. Yitzhak Luria – as we shall see this was also copied. So R. Strizinitzer has three titles – Petura d’Abba, Beni Abba, and Meori Tzyion. The Petura d’Abba contains the portion from Shemonah She’arim and Beni Abba is Strizinitzer’s notes.

Now, we go to sometime after 1996, and a new book, again re-typeset, comes out with the title Minhagei HaAri”Zal with the three works Darkei Tzyion, Sha’ari Tzyion, and Me’ori Tzyion with הצב”ר’s name as the author.

The only thing Lahat did, however, was alter the titles of the first two sections, he didn’t even bother moving things around to avoid detection. In Lahat’s edition the Darkei Tzyion contains the portion from Shemonah She’arim and Sha’ari Tzyion contains the notes. Below, I have provided two pages, one from each book, to demonstrate the plagiarism.

In fact, in Strizinitzer’s book at the end he has “השמטות” – things he left out. Lahat, also has at the end things he left out – and coincidentally, they are the same as well. There is one other small change aside from the title page, and that is in the introduction. In Strizinitzer’s introduction at the end he explains why he decided to title his books as he did. Now, Lahat’s titles are different, so Lahat (left) removed that one line from the original introduction (right). The relevant passages are below.

Now, we return to the third title – Me’ori Tzyion, which Strizinitzer published separately in 1911,[4] and Lahat has included in this book. For this one, Lahat couldn’t be bothered with coming up with a new title so he uses the same title – perhaps to finally be able to say he really did copy everything perfectly. Both pages are below (Lahat, left; original, right).

Finally, we get to the at least the third example of Lahat’s stolen title pages. In this case it was fairly easy to locate the original. Lahat titled this work Pirush ‘al Birkat Kohanim, which as the title implies is a commentary and discussion about Birkat Kohanim. But, Lahat was kind and at the top of each page he has כה תברכו. This title כה תברכו is the same as a book published in 1881 in Solenika by R. Chaim Hemzi. And, it turns out not only is the title the same but the content is as well.

 


Lahat is by no means the first to merely switch the title pages – as I noted at the beginning of this post, Lieberman has examples of this phenomenon and there are other articles which discuss other instances of plagiarism as well.[5] What is perhaps unique about Lahat is that he seems to have done it more than once, in fact, I can not say for sure the rest of Lahat’s 13 (!) other books [6] are not merely copies as well. Additionally, many have assumed that in the digital age, when from the comfort of one’s home they can call up the card catalogs of almost every major library in the world and thousands books are available online or on one of hard drives – some of which are even searchable, this would have been detected. In fact not a single catalog entry in any library notes that these are copied – even when Lahat did not change the title of the book.

Further, aside from the approbation to Lahat’s Pardes haMo’adim, in his Minhagei haAriZal, Lahat includes approbations from his other works. Some of these are leading Rabbis who also have failed to detect their approbations are on stolen works. These Rabbis include (aside from those already mentioned above): R. Ovadia Yosef, R. Mayer Getz, R. Shalom Messas, R. Yosef Tzubeyri, and R. Tzion Tzubeyri.

Perhaps, now, this can be corrected and Lahat will cease stealing the works of others.

* Prior to posting I have attempted to locate Lahat without success. His books generally provide none of the standard information such as publisher/printer or any contact information.

Notes:
[1] Chaim Lieberman, Ohel Roch”el, vol. 1 (New York, 1980), 477-480, 529-531.

[2] There are no lack of examples, both real and imagined in this category. For one example of lack of proper citation, see R. Natan Neta Leiter, Tzyion l’Nefesh Hayyai (Jerusalem, 1964), no. 109.

[3] His surname comes from a town outside of Lvov.

[4] In some reprints of Strizinitzer’s Minhagi AriZal, Me’ori Tzyion is included.

[5] See Lieberman supra n. 1. Lieberman notes [p. 477] the case of Hemdat Tzvi, where the original was printed in 1876 and the stolen version with the same title was printed in 1879. However, he leaves out one worthwhile point. Although in the stolen version he knew enough to remove the original authors name, apparently he didn’t even read through the whole book as on p. 72b, the original author quotes his grandfather by name, and this same passage appears in the stolen version. Further, on p. 87, the original author includes a teshuva which he signs by name. In the stolen version it appears without change signed by the original author!). See also Kitvei Pinchas Turburg, ed. A. R. Malachi, 24-36; C. Leshem, Shabbat u’Mo’adi Yisrael (Tel Aviv, 1969), 379-409; Y. Sternhill, Kochavi Yitzhak (Brooklyn, 1969), Introductions to volumes I & II; Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton, 2006), 5 n. 9, discussing the example of Rabbi Nosson Dovid Rabinowich which was also discussed in a previous post at the Seforim blog; Shraga Abramson, “Chasad b’Ameirat Daver shelo b’Shem ‘Omro,” Sinai 112 (Nissan-Iyyar 1993): 1-24; Alei Sefer 16 (1990): 177-79; Moriah 83-84 (Adar I,1978) 79-80; A. Perls, “Das Plagium,” in Monatsschrift für Geschichte und Wissenschaft des Judentums / MGWJ 28 (1879): 305-322; R. Margolis, Shem Olam, Jerusalem, 1989, introduction.

Regarding the halakhic permissibility of plagiarism, see Nahum Visfish, Mishnat Zechuot haYotser (Jerusalem, 2002), esp. 95-115; Nahum Rakover, Zechut haYotsrim beMekorot haYehudim (Jerusalem, 1991), 17-72, a portion of which appeared as “Plagiarism of Torah Teachings,” Areshet 6 (1980): 222-226; and idem., “Plagiarism and the Obligation to Cite Sources: Aspects of Copyright Law in the Halakhah,” Dinei Yisrael 6 (1975): 93-120;

[6] There is one book which is particularly suspect, as Lahat’s book is titled מאיר לארץ and it is kabbalistic interpretations on ברכת המזון and there is another book with the same name on the same topic. Thus far, however, I have been unable to secure a copy to compare the two.




Pesach Journals, Had Gadyah, Plagiarism & Bibliographical Errors

Two journals have put out special collections devoted to Pesach. The first, Moriah, has continued their holiday specific journals and collected their third volume of articles devoted to Pesach. Yeshurun, for the first time has also collected choice articles related to a specific holiday and published a volume devoted to Pesach as well.

Yeshurun’s effort, being their first, is the focus of this post. This volume is much smaller than their typical volumes. Usually, each volume of Yeshurun is huge – over 700+ pages – with this volume, however, the articles comprise a “mere” 300+ pages. Aside from articles related to Pesach, this volume contains an index to the first 10 volumes of Yeshurun. [1] The index contains indexes of persons, books, topics, and sources (Bible verse, Mishna, Talmud etc.). Although any index is most welcome (especially in light of how large the volumes are) and this index is pretty comprehensive but I am unsure why they decided to leave out an index of authors. That is, the index of persons is limited to persons discussed in articles, not those who actually wrote the articles. So if one wants to look up all the articles written by person X, they are out of luck for now.

Aside from the issue of lack of an author index I found a much more glaring problem in this volume. The volume includes an article discussing the song Had Gadyah. This article has numerous flaws. First, the author of the article is Tuvia Fruend. Tuvia Fruend has authored a series of books on the holidays “Mo’adim l’Simcha.” These books contain articles related to the holidays. Fruend’s modus operandi for Mo’adim l’Simcha is to find a good article on the topic and then repackage it – or at times – just plagiarize it. What is particularly surprising in this context is that one article he is clearly guilty of plagiarizing is one which appeared in Yeshurun – by one of the editors of Yeshurun! As I have previously shown, Fruend copied it verbatim, without citation, and even repeated typographical errors. Why then, Yeshurun would give Fruend a forum is difficult to understand.

Second, the article itself is problematic. This article appears in Fruend’s Mo’adim l’Simcha and this is a reprint of that article. [2] This time, however, all the footnotes are removed. Additionally, even though there are no footnotes, there are also almost no citations in this article. Instead, we have statements such as this “according to many scholars” [3] – without saying who those scholars are or where they can be found. Further, Fruend, in one of the few actual citations, says “in the journal Machnim issue 54, 1961 there appears” where he notes the article in Machnim records a different version of this song. Fruend doesn’t tell us who the author of the article was – A. M. Habermann. Additionally, Fruend makes it appear that the only value of this article is the alternative language. But, if one looks up the article, the article discusses not only the alternative reading but includes other sources which shed light on Had Gadyah, sources which Fruend uses in his article.

Further, Fruend’s reliance on Habermann’s article are apparent in the last part of Fruend’s article. Fruend lists (and discusses some) of the books devoted to explaining Had Gadyah. Fruend, although never notes that Habermann had complied a list previously – in an article that Fruend had already noted he had seen.

Finally, there are some bibliographical errors which appear in the article. First, while minor, Fruend, for the number of Haggadah published uses Ya’ari’s bibliography. Although Ya’ari’s bibliography of the Haggadah is a fine bibliography it is significantly incomplete. Yudlov’s, more recent, bibliography (“The Haggadah Thesaurus“) contains almost double the amount of Haggadahs. Second, the bibliographical information Fruend provides for some of the books devoted to Had Gadyah are in error. The first book on the list is Mogen David by R. David b. Meshulam. Fruend gives the date 1745, this, however, is incorrect. The actual printing date is 1755. [4] The second bibliographical error is according to Fruend the commentary on Had Gadyah, Pesach Tikvah, was published in Frankfort in 1785. Again this is incorrect. The London edition was published in 1785, however, this was not the first edition. Instead, the first edition, which was published in Frankfort, was published in 1727. [5] All of these errors could have been easily corrected by looking in Yudlov or even Ya’ari, or even copying from Habermann correctly. Finally, if Fruend had actually used Yudlov he would have found an additional commentary on Had Gadyah unlisted by Habermann. Although Yudolov did not see it, he records a commentary Milas Even, Fuerth, 1730. [6]

[1] The editors note that the index to the balance of the volumes is in process and will be published in due time.

[2] It may be that Fruend also previously published this article in Yeshurun as well, but as they have no author index I was unable to confirm that this article appeared in Yeshurun before. Even if this the first time he published in Yeshurun, I don’t understand why some of the errors below were not corrected by any of the editors of Yeshurun.

[3] This statement also appears in the original article in Mo’adim l’Simcha without citation there either.

[4] In order to figure out the date one must add up the bold letters which appear in the legend בשנת ליל שמורים הוא לה’ which adds up to 515 i.e. the year 5, 515 which converts to 1755. Perhaps Fruend’s date was due to a mathematical error.

[5] The date of publication may not actually be this date. This is so as included on the title page is a legend which reads “to know the week and the year [of the printing of this book] when it was finished completely.” Yudolov admits that he is unable to figure out what the publisher meant by this line. Yudolov, however, bases his dating on C.D. Friedberg. Although there may be some question about the exact date, the date offered by Freund is impossible. This is so, as the printer was Johann Kelner. Kelner printed between the years 1708-1730. Thus, Fruend’s date of 1785 is impossible – at least if Kelner printed this book.

[6] In truth there is a more troubling error to the whole article. Fruend fails to discuss the significant evidence that Had Gadyah is merely a popular folksong which was borrowed and converted for use at the Seder. While Fruend does discuss those who downplay this assertion, he doesn’t discuss any of the counter-evidence or fully explain the issue.




Judah Wistinetzky and Mishloach Manot to his American friends

Ari Kinsberg is one of the great young scholars of American Jewish History (under 40), as he has spent several years researching and editing the two-volume magisterial Hebrew Printing in America 1735-1926: A History and Annotated Bibliography (see Seforim blog reviews here and here).

In honor of Purim 5767 [2007], Ari has recently written about Judah Wistinetzky (1844-1908) and the latter’s Ayelet ha-Shahar, given as mishloach manot gift to his friends. For those of us who have not yet seen a copy of Ayelet ha-Shahar, Kinsberg provides a description of the small volume and also provides some biographical background to Judah Wistinetzky, highlighting the latter’s American connections. (For example: Did you know that he had arrived in America several years prior to publishing Sefer Hasidim in 1892?!?)

See here for Ari Kinsberg’s “A Litvish Maskil and His Literary Mishlo’ah Manot,” where he also provides a brief biography of Wistinetzky, based on Hebrew Printing in America (vol. 1, p. 376).




Eliezer Brodt: A Censored Work by a Student of R. Hayyim of Volozhin: The Case of Menuchah u-Kedushah

A Censored Work by a Student of R. Hayyim of Volozhin:
The Case of Menuchah u-Kedushah
By Eliezer Brodt

A few years ago (c2000) a fascinating sefer was reprinted called Menuchah u-Kedushah. The sefer was written by R. Yisrael Isserl from Ponevezh. Not much is known about the author except that he was a talmid of R. Hayyim of Volozhin. It’s clear from the sefer that he was a very special person and a big talmid hakham. The haskamot that he received from the R. Naftali Zevi Yehudah Berlin (Neziv), R. Bezalel HaKohen and R. Avraham Eisenstadt, author of the Pitchei Teshuva, show that he was a very prominent, well-known person (for some reason these haskamot were omitted in the reprinted edition). R. Shlomo Elyashiv, the author of the Leshem, also writes that he was an Ish Kadosh, a Holy Man. It appears that he was a melamed [teacher], and (as we will see) it seems that he must have been an excellent one. In the recent reprint, R. Shmuel Auerbach writes that the sefer was famous in particular as a guide in raising children and many followed it and became true Ovdei Hashem. Interestingly, the sefer was originally published anonymously (Vilna, 1864).

In this post I would like to discuss this sefer a bit. The author in his introduction (which, oddly enough, was omitted in the newest reprinted version of the sefer) outlines very clearly what he had wanted to accomplish with this work. Divided into three parts, the first is called Sha’ar HaTefillah, an explaining as to what one should do in order for his tefillot to be accepted. Included are many explanations on different parts of Tefillah. The second part is called Sha’ar HaTorah, which is the way the author feels one should teach children. The third part is called Sha’ar Yichud HaMa’aseh which includes advice how to battle the Yetzer Hara in all different situations.

The sefer reviews many interesting things especially vignettes from R. Elijah Gaon of Vilna (the Gra) and R. Hayyim of Volozhin. Also, included are many beautiful explanations on different areas of Tanakh and Aggadah. Aside from the explanations, this the sefer also includes many halakhot and minhagim. The sefer begins with a nice collection of halakhot of kavod seforim including that the prohibition to use one sefer under another one to bring it closer to you, or leaning completely on seforim like a shtender. To list a few examples of Ta’amei Minhagim brought throughout the sefer: the reason behind the mitzvah to eat on Erev Yom Kippur (pg 51) and giving tzedakah (pg 204). He is very against talking at all during davening; even talking in learning between aliyot (pg 75). The author also wrote a lengthy discussion regarding the proper time to light the Chanukah menorah; opining to light after ma’ariv. The author states that the only reason why R. Elijah Gaon of Vilna lit earlier was because of concern that if he would have waited until after ma’ariv he would have this on his mind the throughout davening, similar to a groom who is exempt from kriat shema (pg 160) due to his preoccupation. When he discusses sitting shiva on ones parents he exclaims ‘do not just sit there making the same mistake most do’; namely, they claim that since it is prohibited for a mourner to learn Torah, they leave a Sefer Iyyov on the stool nearby just to glance at from time to time and fall asleep. Rather, one is supposed to learn the topics that a mourner is allowed to so that one could give one’s parent many merits; there is enough material to learn for three weeks (pp. 88-89)! He writes to his son any shiur that he goes to after he dies he should always say the kaddish de’rabbanan for him; not only the first year (pg 95-96).

Many interesting discussions on various topics, such as the Neshama Yetairah that one gets on shabbat (pp. 49-50) are found throughout the sefer. He also has a lengthy discussion on the now-famous topic (in light of all the biographies on the gedolim) that no great person achieved anything great in life without working very hard for it. The talmudic use of the term “Noch Nafshei” a term of resting, was not hapenstance. Instead, it was used to demonstrate that, in many instance, those persons did not have easy lives, and thus only after death is it approriate to use a term of rest – hence Noch Nafshei. This is in reference to Tana’aim and Amoraim; how much more so in regard to regular people (pp. 79-82). Elsewhere in the sefer he has a long discussion on chumrot, writing very strongly: “one should be concerned that the yetzer hara is bribing him and allowing him to do them so he will be too occupied to observe the ikkar.” As an example for this he gives, he points out that in Minhagei Ha-Gra that he had eaten Matzah Shemurah the whole Pessach. Whereas the author realizes that if because of this chumrah he will have to eat separately from the rest of his family and not have proper simchat yom tov which is a de’oraita, he should not be makpid on eating matzah shemurah which is just a pious action (pp. 155-156).

Another point of interest that he writes is that the Messilat Yesharim was written with ruach hakodesh so listen to what he says (pg 158). When he talks about the sefer Nefesh Ha-Hayyim from his teacher R. Hayyim of Volozhin, he writes “listen to his holy mouth as the sefer is exactly like its name ‘life for the soul’ and one should know that ruach hakodesh is in all the words in the sefer so that it should be accepted by its readers” (pg 69).

After reading all this it would seem to appear that this is a very good work and there should be no problems with anything written in it. However this is not the case. The people who printed it write that in the section called “Sha’ar HaTorah” we were advised by gedolim not to print some parts. This is very strange because as mentioned earlier he had very prominent haskamot from some big gedolim and as the Leshem writes he was a Holy Man, and he was also a known student of R. Hayyim of Volozhin. One is left wondering what in the world could have been wrong with what he had written prompting censor?

In the 1967 reprint of the original edition by Meir Kleiman, the missing pages are included, about five all together. In short, what the deleted material is as follows, he saw many people who had no business becoming teachers taking the job only for the money. He writes that he was a teacher and he would spend a few weeks trying to understand each student what was the best way to deal with him. Another thing he writes is the importantance that boys have a proper understanding of the Hebrew language; not that he has to be a baki in dikduk just to know the basics than it’s easier to learn chumash. Once the boy knows chumash only than should you go on to learn Gemara. When he begins this limud, be careful to go slowly so as not to over burden him. The main point is not to learn enmass, rather emphasis on making sure the student fully understands everything before going further. Instead what happens is the boy only knows how to parrot what the teacher says and on shabbos he shows this off to the father; however nothing of value ever comes out of this. Another thing he writes is in regard to the failure to teach the boys tanakh; not only Gemara as the study of Tanakh is extremely important. Professor Simha Assaf brings much of this edited part in his Mekorot le-Toledot ha-Hinnukh be-Yisrael (vol. 1 Pg 607-613). R. Yitzchak Abadie discusses this whole section in his Teshuvot Ohr Yitzchak (pp. 444-450), available for download at www.HebrewBooks.org.

Reading all of the above, one can only wonder as to what was wrong with printing these parts; the author can not be accused of having haskalic leanings for a few reasons: One, if he did have haskalic leanings, then why allow the rest of the sefer be reprinted. In all honesty, the very thought is quite ridiculous; the Leshem writes he was a Holy Man and a reading of the sefer will show how true that is. Also he was very against learning philosophy saying that only the Rishonim were they on the level to learn it (pg 47).

What’s interesting about all this is many schools in the United States would do well to follow this advice in their educational methods; I am sure it would help many. Not that it’s the solution to all the problems with the children of today but it’s certainly a good start. Interestingly enough R. Yakov Horowitz in a recent article in his column ‘Chinuch Matters’ in the English Mishpacha 143 (Pg 10) called ‘It Doesn’t Start in Tenth Grade‘ writes the same point. R. Yakov Horowitz continues with this theme in the next issue in an article called ‘Training Wheels‘. Of course these columns have been met with opposition. One reader writes (English Mishpacha 145, pg 6) “Torah is acquired thru yegia through no other method can Torah become yours. Making torah easy at the beginning only makes it harder later on. The author mentioned that he is backed by various Achranoim who have suggested alternative methods for teaching torah. It should definitely be mentioned that these methods were unaccepted in Klal Yisroel. Mesorah means tradition passed on Midor Ldor not looking in seforim for unaccepted methods.”

One only wonders what this reader is talking about as shown here a Holy Man and talmid of R. Hayyim of Volozhin wrote these same suggestions as R. Yakov Horowitz and received good haskamot from important known gedolim. Further more as I have mentioned R. Shmuel Auerbach writes that the sefer was famous, in particular, as a guide in raising children and many followed it and became true Ovdei Hashem.




The Perils of Ignoring Precedent: Alterations in the Kaddish Prayer

The Perils of Ignoring Precedent:
Alterations in the Kaddish Prayer
by Dan Rabinowitz

Recently there has been a renewal in interest in the structure and make up of the liturgy or siddur. While there have previously been critical editions of the siddur or articles on topics related to the siddur,[1] today’s renaissance of the siddur has been precipitated by a different series of events. Specifically, this has been fostered by the publication and republication of some important source material on the topic; these include, among others R. Shabbetai Sofer of Przmysl’s Siddur Rav Shabbetai Sofer and R. Jacob Emden’s Luach Eresh.[2] The Siddur Rav Shabbetai is key in the development of the siddur, in so far that this edition was considered by many to be considered the edition par excellence of the siddur.[3]

While there has been a flurry of source material, at the same time there has been movement in the opposite direction – a movement which tends to ignore this rich legacy and instead has decided issues of the siddur not based upon critical investigation but rather on reliance on sources that my not be trustworthy. The results have been less than salutary.

One example of both of these trends – the new evidence as well as a seemingly blindness to this evidence – can be found regarding the punctuation of the kaddish prayer.

The Early Evidence Regarding Kaddish

There is a dispute how to punctuate the first two words in kaddish – yisgadel v’yiskadesh (as well as other words in the kaddish, as will become apparent). The controversy is whether they have a patach or a tzeirei under the letter dalet.

The historical evidence is absolute – all the early siddurim punctuate these words with a patach.[4] For example, starting from the 1475 (?) Selichot,[5] the 1486, Soncino Machzor,[6] 1519, Prague Teffilot m’Kol HaShana,[7] 1536, Ausberg Machzor k’seder HaAshkenazim, [8] 1541 Bolonga Machzor k’fei Minhagi k’k Roma, [9] and the 1616 Hanau Seder Teffilot k’Minhag Ashkenaz u’Polin [10] all punctuate the first two words of the kaddish with a patach.[11]

The first to raise and discuss the issue of the punctuation was R. Shabbetai Sofer.[12] In his monumental introduction he discusses the proper pronunciation of the kaddish.[13] He cites the two possibilities mentioned above – a patach or a tzeirei. He explains that the evidence from the Bible seems to point to both. Specifically, he points to contradictory verses in the Book of Daniel. One verse has the word yisgadal with a tzeirei while the other has it with a komatz. R. Sofer explains that the latter must have been punctuated with a patach. The reason is this word appears at the end of the verse. When words appear at a stopping point with a komatz, their regular form can only be with either a segol or a patach. In this case it would be a patach. Thus, we have two verses which seem to lend credence to both readings.

R. Sofer, continues and explains that although one may argue that since the verse has the word yisgadal with a tzeirei that would be the more correct pronunciation, this is not the case. He rejects this due to other grammatical considerations. R. Sofer explains that at least one word in the kaddish passage must be punctuated with a patach and thus, “to keep the words the same (l’zaveg et ha’melot) all should be punctuated with a patach.”[14]

Thus, R. Sofer was the first to entertain the notion the word should be punctuated with a tzeirei and he rejected this reading. Additionally, based upon the proof texts R. Sofer marshals from numerous biblical verses, it is clear that he made no distinction between whether the words are Hebrew or Aramaic. In fact, it seems R. Sofer was treating the bulk of kaddish as Hebrew. He discusses other words in kaddish and their counterparts in the Bible.[15]

Perhaps, aside from the grammatical considerations, R. Sofer also wanted to justify the long standing practice regarding the pronunciation. If this is the case, he does not mention precedent. But, one can not rule this out as a possible subconscious motive.[16]

The First Change to Kaddish

For the first to actually advocate for the alteration of the pronunciation to a tzeirei, we need to wait until the early 18th century.[17] In the early 18th century, R. Shlomo Zalman Hanau (Katz) published a work on Hebrew grammar entitled, Binyan Shlomo.[18] He published this at the relatively young age of 21.[19] In this work he advanced that the correct pronunciation of the kaddish is with a tzeirei.[20] But, it is not only the first two words. Instead, based upon the rules of grammar all similarly constructed words in kaddish should also have a tzeirei. Thus, yisbrach, yispaer, and v’yisromam all have a tzeirei.[21]

While at first R. Hanau only wrote a grammar work, he eventually incorporated his alterations into both his work on the siddur – Sha’ari Teffilah[22] – as well as his edition of the siddur – Bet Teffilah.[23] In this instance, this alteration to the kaddish only appears in his siddur.[24] In his siddur, he punctuates the kaddish with a tzeirei throughout.[25] Thus, he has a tzeirei for yisbrach, yispaer, and v’yisromam in the kaddish. Additionally, he is thoroughly consistent in his siddur, any other instance of either the same formulation or the same word, R. Hanau always uses the tzeirei. For example, the same opening words of kaddish appear in the prayer after the removal of the Torah. There R. Hanau has a tzeirei for ‘al ha-kol yisgadel v’yiskadesh.[26] In the Shemoneh Esreh where a similar formulation appears – v’al kulam yisbrach v’yisromam again R. Hanau has a tzeirei.[27] As we shall see, most who followed him were not nearly as careful in their punctuation even when they adopted R. Hanau’s understanding of the kaddish punctuation.

Before we leave R. Hanau, we must first understand how his contemporaries viewed his alterations. When he published his Binyan Shlomo aside from the change in kaddish he also took issue with many of his predecessors understanding of Hebrew grammar. It seems that he did so in a less than respectful fashion. In light of this, he was threatened with a ban on his book unless he would print a retraction of his harsh comments. Needless to say, R. Hanau complied. At the end of his Binyan Shlomo he inserted a page (somewhat smaller than the rest of the book) asking forgiveness from those he may have offended.[28]

Not only was his Binyan Shlomo controversial, but his works on the siddur were as well. R. Jacob Emden’s Luach Eresh is a rebuttal of many of R. Hanau’s changes.[29] R. Emden whose was well known for his acerbic remarks spared none for R. Hanau. He accused Hanua of even forging an approbation Hanau received from R. Emden’s father- R. Tzvi Ashkenazi (Hakham Tzvi).[30]

Thus, it seems far from clear whether R. Hanau’s alteration regarding kaddish would in fact be accepted.[31] In fact, based upon his reputation and the historical precedent this alteration would not be accepted. But, due to two unrelated events, his change has gained more and more credence as time has passed.

The Siddurim Which Followed R. Hanau

While R. Hanau was a singular individual whose own edition of the siddur was printed once, he still had a tremendous impact on the development of the siddur. His influence was felt through the inclusion of some of his changes in two important editions of the siddur. The first is Wolf Heidenheim’s and the second is Seligmann Baer. Both of these siddurim included many[32] of Hanau’s changes.[33]

But, for this change to kaddish these siddurim which did not have qualms about incorporating other changes did not for this. Instead, the prevalence of this change is due to two entirely different events. In fact, Seligmann Baer in another of his works, defends the use of the patach.[34]

The Two Events Which Precipitated the Inclusion of R. Hanau’s Change

The first event[35] which promoted R. Hanau’s alteration was the inclusion of it in R. Yosef Teomim’s Peri Megadim. In his comments on the kaddish, R. Teomim includes R. Hanau’s alteration of a patach to a tzeirei.[36]

While at first glance this may appear strange, incorporating a change of questionable accuracy from a questionable source, a closer look at both R. Teomim’s life as well as his own comments, clarifies why he did so. Originally of Eastern European stock, R. Teomim spent two years in Berlin. During this time he studied in the Beit Medrash of Daniel Yaffo. At the time, this Beit Medrash was populated by the leading maskilim of Berlin. It seems that R. Teomim studied with them and may have been exposed to some of the literature. At the very least, R. Teomim appears to have studied one on one with R. Yitzhak Satnow, a leading maskil and a propend of numerous alterations to the siddur.[37]

R. Teomim absorbed the some of the general ideas which were flourishing in Berlin at the time. R. Teomim advocates for a sweeping reform of the education system. He advocates for a more structured system which includes an emphasis on Bible and proper Hebrew.[38] This is reminiscent of some of the later changes advocated by R. Naftali Hertz Wessley another of the leading Berlin maskilim. It is one of these suggestions which returns us to R. Hanau.

R. Teomim provides a list of books he recommends one teach their child. One of these is one of the works of R. Hanau. Specifically, R. Teomim lists R. Hanau’s work on grammar, Tzohar L’Tevah,[39] as one of these texts.[40] Therefore, far from rejecting the innovations of R. Hanau, R. Teomim embraced him and his works. Thus, his citation to R. Hanau in the kaddish is not an anomaly but instead perfectly in line with R. Teomim’s general view of R. Hanau and these sorts of innovations.

While R. Teomim’s citation to Hanau should not be viewed as an anomaly, a later citation should be. R. Yisrael Meir Ha-Kohen (Kagan), otherwise known as the Hafetz Hayyim, in his Mishneh Berurah discusses the proper pronunciation of the kaddish. In doing so, he cites the comments of R. Teomim that the words yisgadel v’yiskadish should be pronounced with a tzeirei.[41] The Hafetz Hayyim did not display the same view towards the haskalah or to innovation as R. Teomim did. Thus, his comment which, when properly traced to its source, should be viewed as nothing less than shocking. One can not say, as was the case with R. Teomim, that the Hafetz Hayyim agreed with or advocated for any of the books or application of R. Hanau. One imagines had the Hafetz Hayyim been aware of the true nature of this comment, he would not have followed it.[42]

Furthermore, one assumes that had the Hafetz Hayyim known of the clear and unambiguous tradition regarding the pronunciation of the kaddish he would not have offered this alternative reading. But, rather ironically, due to the import and the popularity the Hafetz Hayyim’s Mishneh Berurah enjoys today, R. Hanau’s alternation has become the norm in some circles.

We have now discussed the first strange use of R. Hanau’s position on the kaddish. The second to advocate for this pronunciation was allegedly the Vilna Gaon or the Gra. In the posthumous collection of his customs, Ma’aseh Rav, the Gra is recorded as saying the first two words of kaddish with a tzeirei. The rational offered is that these words are in Hebrew as opposed to the rest of kaddish which is in Aramaic.

As an initial matter, it bears mentioning, that although today many have blindly accepted anything mentioned in this collection of customs, Ma’aseh Rav, as in fact the practice of the Gra, this is far from a certainty. When this book was first printed R. Hayyim of Volozhin, in his approbation,[43] already noted at least two possible errors. It is unclear whether the two he mentions explicitly are the only ones or there are others as well.[44]

Putting aside, however, the problems with the Ma’aseh Rav generally, in this specific instance it is far from clear the comment attributed to the Gra is actually correct. According to the Masseh Rav the rational for the change in the punctuation is the classification of the words as Hebrew and not Aramaic. Yet, we have seen already that R. Sofer makes no such distinction. In fact, he assumes they are in fact Hebrew, but still one should pronounce them with a patach. Thus, the fact that these words may or may not be Hebrew is a distinction without difference. It does not immediately follow that once one has decided the words are Hebrew they must be pronounced using a tzeirei.

The Strange Repercussions of the Alteration of the First Two Words of the Kaddish Elsewhere in the Siddur.

Even assuming the custom as recorded in Masseh Rav is correct, the change in punctuation of those two words raises additional problems. As mentioned before there are other words which are either similar to the grammatical structure of the first two words in kaddish and in at least one case in the siddur the very same words appear – all of which are in Hebrew. Thus, these words should get the same treatment as the kaddish words, i.e. be punctuated with a tzeirei. But, in siddurim which claim to follow either the position of the Gra[45] or that of the Chofetz Hayyim, only the kaddish has been altered and the rest retain a patach.

As here has been a renewed interest in the Gra and his customs and those who follow him, there is no lack of siddurim which this point has been borne out. In the first siddur based upon the Gra – Ishe Yisrael – kaddish (the first two words) get a tzeirei while the other instances throughout the siddur all get a patach. In the more recent Siddur Vilna although the change appears in kaddish in the Shemoneh Esreh where the similar formulation appears there is no change.[46] The Siddur Aliyot Eliyahu which was “edited and reset from anew . . . with great care . . . based upon the text of . . . the Gra” changes the first two words of kaddish. Yet, when it comes to both the Shemoneh Esreh and the very same words – yisgadel v’yiskadesh after the removal of the Torah – it employs a patach.[47]

In the recently printed Yom Kippur Machzor which includes the commentary and customs of R. Joseph B. Soloveitchik the same result occurs. This Machzor which also includes a list of R. Soloveitchik’s relevant customs, includes that of R. Soloveitchik’s views on kaddish. One these customs “based on the tradition of the Vilna Gaon that the opening two words of Kaddish” should be pronounced with a tzeirei. This is so because those “two words are Hebrew words . . . and the proper Hebrew pronunciation of each of those words is with a tzeirei.”[48] The editors are not satisfied with the mention of this custom at the beginning of the book, instead, each and every time kaddish appears they make mention of this custom. While they are punctiliousness regarding kaddish they make no mention by either the shemoneh esreh nor by the very same words after the Torah is removed.[49]

To be fair at least one siddur which is based upon the Gra has been partially[50] consistent. In the Siddur Ezor Elyiahu, when the actual words yisgadal v’yiskadah appear during the removal of the Torah, the editor changes those as well to a tzeirei. He notes explicitly that this change is an extension of the Gra’s custom regarding the kaddish.[51]

The problem of altering the kaddish text but retaining the other examples in the siddur was already noted in the late 18th century! R. Isaac Satanow in decries the “haughty simpletons (am aratzim)” who change the kaddish to a tzeirei but fail to note the others. These who “speak in contradictions,” Satanow applies the verse in Proverbs (18:2) “a fool does not delight in understanding.”[52] The expression “better leave well enough alone” is extremely apt.[53]

In conclusion, it would seem that perhaps what may be viewed as a minor change has much broader implications. These implications include the propriety of the change itself as well as the consequences of the change. It seems that many were unaware of these outcomes and both made the change without full awareness of the history. Further, they were also oblivious to the necessity to alter other portions of the text as well. As one scholar has put it “the critical study of Jewish liturgy is in any case too important to be left exclusively to the ‘daveners’!”[54] In the end, unfortunately, these words have proven to be extremely prescient.

Notes:
[1] For critical edition of the siddur see, e.g., Seligmann Baer, Avodat Yisrael (Rödelheim, 1868); Wolf Heidenheim’s series on siddurim and machzorim published in the 19th century; Machzor l’Yamin Noraim, ed. Daniel Goldschmit (Jerusalem, 1970); Shlomo Tal, Rinat Yisrael (Jerusalem, 1972).
There has also been a significant amount written on the siddur, both its development as well as the text itself. See, e.g., Leopold Zunz, Die Ritus des Synagogalen Gottesdienstes (Berlin, 1859); Abraham Berliner, Ketavim Nivcharim (Jerusalem, 1969); Ismar Elbogen, Jewish Liturgy: A Comprehensive History (Philadelphia, 1993), trans. of the original 1913 German edition; B.S. Jacobson, Netiv Binah (Tel Aviv, 1964); Daniel Goldschmidt, Mehqerei Tefillah u’Piyyut (Jerusalem, 1978); Naftali Wieder, Hitgabshut Nusach HaTefillah ba-Mizrach uva-Ma’ariv (Jerusalem, 1998); Stefan Reif, Judaism and Hebrew Prayer: New Perspectives on Jewish Liturgical History (Cambridge, 1995).
[2] D. Yitzhaki ed., Luach Eresh, Otzoranu (Toronto, 2001). This edition includes other works related to R. Emden’s work as well. While both of these speak to the Ashkenaz Rite (more correctly the Ashkenaz-Polish Rite) there has also been a renewed interest in the Nusach Sefard Rite (the Hassidic not to be confused with those who originated in the Eastern countries) as well. Some of these early prayer books have been republished including Y. Koppel, Kol Ya’akov (Jerusalem, 2005-2006); Siddur Admor HaZakan, Kehot (Brooklyn, 2005). There has also been a critical edition of the Siddur haAriZal published as well, Siddur ha-Ari, ed. Daniel Rimmer (Betar, 2004).
[3] On the import of this edition see S. Reif, Shabbetai Sofer and his Prayer-book (Cambridge University Press, 1979); Siddur Rav Shabbetai Sofer, ed. Yitzhak Satz, vol. 1 (Baltimore, 1987): 7-10 (all citations to the Siddur R. Shabbetai are to this edition).
[4] There is one exception – the Lisbon 1490 (?) Teffilot m’Kol HaShana. In this edition these two words have a komatz. This appears to be in error. This error is based upon the use of the verse in Daniel 11 which has the word yisgadal with a komatz. But, the only reason for the komatz there is due to its placement in that verse, at the end. Shabbetai Sofer records that this error continued to his day. He says “one should not pronounce the word with a komatz like I heard one incorrect hazzan do, perhaps [this hazzan] did so due to the verse in Daniel, but the hazzan was unaware that the reason it was punctuated with a komatz was because it was at the end of the verse.” Siddur R. Shabbetai Sofer, vol. 1, no. 17, p. 83.
[5] Non-paginated, appearing on the Hebrew University copy (which I have used for the other citations and all are available online) at page 10 (all page citations are to the “page” the relevant quote appears in the online version).
[6] Non-paginated Hebrew University copy at page 10. Only the second word – v’yisgadash is punctuated (with a patach) in this edition. Yet, there is no reason to assume the first word would be punctuated in a different manner.
[7] Non-paginated Hebrew University copy at page 196.
[8] Non-paginated Hebrew University copy at page 2.
[9] Non-paginated Hebrew University copy at page 13.
[10] Non-paginated Hebrew University copy at page 55.
[11] Additionally the following twenty-four machzorim or siddurim use the patach: 1490 Napoli, Seder Teffilot; 1503 Fano, Machzor; 1526, Venice Machzor k’Minhag Roma; 1527, Venice, Machzor k’Minhag Aram Soba, 1527 Prague; 1527 Pissarro; 1528 Constantinople, Seder k’Nusach Romania, 1530 Prague; 1532 Constantinople, Machzor l’Rosh HaShana v’Yom Kippur k’Minhag Sefardim; 1551 Lublin; 1562 Mantua, Teffilot m’Kol HaShana; 1566 Lublin; 1567 Lublin; 1584 Venice Machzor; 1585 Cracow Machzor l’Sholosh Regalim; 1598 Venice, Machzor; 1601, Venice, Seder Teffilot k’Minhag K’K Sefard; 1608, Hanau, Machzor l’Sholosh Regalim; 1623, Hanau; 1647, Amsterdam, Teffilot; 1661, Amsterdam, Seder Teffilot Sefardim; 1699/1700, Venice, Machzor Hadrat Kodesh; 1713, Berlin, Teffilah Derekh Si’ah ha-Sadeh; 1727, Amsterdam, Siddur HaShelah. As is apparent, the use of the patach is not dependent upon custom – sefard versus ashkenaz – or geographic location.
[12] R. Sofer lived from c. 1565-1637. His death date reflects the find in the Jewish Theological Seminary library of a manuscript of R. Sofer’s defense of R. David Kimhi’s Sefer HaShorashim which R. Sofer notes was completed in 1637. Reif, in his work on R. Sofer had dated R. Sofer’s death as 1635. R. Sofer’s siddur was first published in 1617 in Prague although nothing remains of this edition. The current edition was published from a manuscript.
[13] Siddur R. Shabbetai Sofer, vol. 1, no. 17, p. 83.
[14] Idem.
[15] See Rief, op. cit., at p. 29-38 discussing considerations in punctuating the siddur.
[16] R. Sofer’s student, R. Hayim Bokhner also defends the use of a patach even though he also considers the first two words of kaddish to be in Hebrew. See R. Hayim Bokhner, Or Hadash (Amsterdam, 1671): 46b. Specifically, R. Bokhner cites to the verse in Psalms 104:1 as a similar conjugation which contains a patach. On R. Bokhner see Yitzhak Yudolov, “HaGa’on Rebi Hayim Bukhner Z’tl Mehaber Sefer Or Hadash,” in Birkat HaMazon l’Mh”r Shabbetai Sofer (2002): 274-276.
[17] This was noted by Hayim A. Cohen, “Yitgadal v’Yitkadash (Iyun b’Zemichat shel Mesorot HeGiyah Hadasha),” Mesorot 8 (1994): 59-69. While Cohen’s article contains some of the history of this change, he neglects some of the historical evidence and does not note what perverse consequences the changes have had on modern-day siddurim.
[18] Binyan Shlomo (Frankfort a. Main, 1708).
[19] He was born in 1687.
[20] Binyan Shlomo (Frankfort a. Main, 1708): 79b-80a. Hanau does not deal with R. Sofer. The reason for this omission is that in all likelihood he was unaware of R. Sofer’s comments. Instead, R. Hanau address the comments of R. Yitzhak b. Shmuel of Posen in his Siach Yitzhak. There, R. Yitzhak makes the claim the words in kaddish should be punctuated with a patach.
[21] See id.
[22] First published (Jessnitz, 1725).
[23] Also published in Jessnitz that same year.
[24] This is contrary to the incorrect assertion in the Makhon Yerushalayim edition of the Shulhan Arukh. They erroneously claim this comment appears in his Sha’ari Teffilah. This appears no where in the Sha’ari Teffilah. Instead, it seems the editor of this edition was unaware of R. Hanau’s siddur and thus was forced to locate any place they could attach as a source for R. Hanau.
[25] Bet Teffilah p. 29a.
[26] Idem., p. 40a.
[27] Idem.,at 21b.
[28] See non-paginated page which follows page 108 in his Binyan Shlomo.
[29] See David Yitzhaki’s Introduction to the Luach Eresh p. 26-66. While Yitzhaki is incorrect in some of his assertions – he is correct in that Hanau’s changes were viewed with distain by some. For more on this issue, see Jacob J. Schacter, Rabbi Jacob Emden: Life and Major Works (unpublished PhD dissertation, Harvard University, 1988), chapter four, passim.
[30] This was later proved to be incorrect. The actual approbation was located and it appears that in fact R. Hanau did receive it. See Dukkes, Hakmei AH”V (1908): 55. This source appears to have escaped the notice of Jacob J. Schacter; see his introduction to the new edition of Luach Eresh (24), where he credits Yekutiel Yehudah Greenwald’s 1954 biography with this find. Additionally, see Jordan Penkower, “Minhag and Massorah: On the Recent Ashkenazic Custom of Double Vocalization of Zekher Amalek,” in Iyuni Mikra U’Parshanut 4 (1997): 127-128 [Hebrew], where he provides other examples of R. Emden’s over zealousness and questionable tactics in this debate. Yitzhaki, supra n. 29, appears to either have been unaware of Penkower’s article or chose to ignore it. Many of Penkower’s findings contradict Yitzhaki’s assertions.
[31] Prior to the discussion below, there is but one siddur which incorportates R. Hanau’s change. In the Altona 1826 edition of the Machzor edited by R. Meir Ganz, he changes kaddish as well as the other permutations to a tzeirei. R. Ganz in his introduction says he was careful with the grammar of the Machzor, however, he does not provide a source for this or any of his alterations.
[32] These include, inter alia, the change in the yehi ratzon following birkat ha-sachar from yashlet to tashlet.
[33] These siddurim also included some of the changes of R. Isaac Satanow, who will be discussed in more detail below. The inclusion of these changes has disturbed some. This is so, as these siddurim were considered the “gold standard” and the lack of deference towards precedent many found difficult to reconcile. Additionally, Heidenheim’s edition received the blessing of one of the great opponents toward change, R. Moshe Sofer (Hatam Sofer). In the Haredi press there has been some discussion on how to reconcile these seemingly incongruous events.
[34] See Seligmann Baer, Tosa’ot Hayyim, reprinted in R. Jacob Emden, Luach Eresh (2001), Kitzerat haOmer, pp. 497-500.
[35] It is noteworthy that Heidenhiem did not include this change in any of his editions of the siddur. While Heidenhiem did include other such alterations this one was apparently went too far.
[36] Misbetsot Zahav, no. 55. Although it is unclear why, R. Teomim only applies R. Hanau’s proposition for the first two words in the kaddish and not the complete kaddish as R. Hanau actually has it.
[37] See Satnow’s comments in his edition of the Kuzari (Berlin, 1795) p. 2, where he claims to have studied with R. Teomim. Additionally, many of Satanow’s books contain approbations from R. Teomim. While some of these are undoubtedly forgeries, there is no reason to assume they all are. On Satnow see Zinberg, A History of Jewish Literature vol. 5, chap. 7, p.112 et. seq.; Fuenn, Kennest Yisrael, Vilna 1886, s.v. Yitzhak Satanow. For biographical information on R. Teomim see R. Tzvi Yehezkel Michelson, Toledot Yosef, in R. Teomim’s Sefer Notrikin (Bilguria, 1910 [Jerusalem, 1964; photomechanical reproduction]), non-paginated introduction.
[38] See his introduction to his commentary on the Shulhan Arukh especially Iggeret Shnei no. 6. R. Teomim provides to lists of recommended reading/teaching materials in his letters. The recommendation for R. Hanau’s book only appears in the second listing.
[39] First printed (Berlin, 1733). It seems the famed town of Volozhin had as their single book of Hebrew grammar present in the Beit Medrash, this work of R. Hanau. See Gershon David Hundert, “The Library of the Study Hall in Volozhin, 1762: Some Notes on the Basis of a Newly Discovered Manuscript,” Jewish History 14 (2000): 237.
[40] Id.
[41] See Mishna Berurah, 56:2; Sha’ar haTzion, id.
[42] It is unclear whether R. Teomim would have either followed this in practice. The siddur Hegyon Lev, ed. Eliezer Landshuth (Königsberg, 1845) which is based upon the comments of R. Teomim, does not alter the punctuation of the kaddish. While it is possible that Landshuth was either unaware or ignored the comments of R. Teomim, it is at least worthwhile to point out this incongruence.
[43] Perhaps it was to avoid his criticism that his approbation was removed from the 1857 and the 1858 editions. See Vinograd, Thesaurus of the Books of the Vilna Gaon (Jerusalem, 2003), #812, 814 (while Vinograd notes the missing approbation in the 1857 edition he neglects to mention it was missing in the 1858 edition as well).
[44] See Penkower, op. cit., at 85-87 discussing problems with the Ma’aseh Rav.
[45] The Gra never wrote or published his own edition of the siddur. Instead, the siddurim which purport to be that of the Gra are only attempting to reconstruct what they view what the Gra would have done had he in fact edited a siddur.
[46] Siddur Vilna (Jerusalem, 1994): 55 (kaddish), 107 (Shemoneh Esreh passage).
[47] Siddur Aliyot Eliyahu (Jerusalem, 1999): 45 (kaddish where the editor notes his change is based upon the Chofetz Hayyim and the Gra), p. 79 (shemoneh esreh), p. 297 (yisgadel v’yiskadesh with a patach).
[48] Yom Kippur Machzor with Commentary Adapted from the Teachings of Rabbi Joseph B. Soloveitchik, (New York, 2006): xxxv. The formulation of this custom is in and of itself problematic. One assumes that R. Soloveitchik did not alter kaddish due to the Maaseh Rav, but instead he followed the custom of his own father and grandfather.
[49] See, e.g., p. 18 (shemoneh esreh) and p. 464 (v’al ha’kol yisgadal v’yiskadah with a patach).
[50] There is no change to the Shemoneh Esereh or the other words in kaddish which contain the same grammatical structure.
[51] Ezor Eliyahu ‘al pe Nusach HaGra (Jerusalem, 1998): 216. Additionally, it bears noting that ArtScroll retains the correct punctuation utilizing a patach for kaddish.
[52] Isaac Satanow, Iggeret l’Bet Teffilah (Berlin, 1769): 21a,b. Satanow himself in his later work, Va’Yetar Yitshak (Vienna, 1815): 47- 48, advocates change to a tzeirei of the kaddish. He claims, contrary to R. Sofer, that there are three verses which illuminate this question of punctuation. While one, Daniel 11:36 points to the patach the other two, Daniel 11:37 and Isaiah 10:15 point to a tzeirei and therefore “two defeat one.” Id. Satanow, however, is consistent and changes the other formulations as well. See id. at 44 on tisromam.
[53] What is rather ironic is that the Siddur Aliyot Eliyah, contains a diatribe against Satanow and his alterations. It would seem that the same criticism could be applied to the itself.
[55] Reif, Judaism and Hebrew Prayer, op. cit. at 10.




Review: ספר קושיות (Rabbi Yaakov Stal)

Review: ספר קושיות (Rabbi Yaakov Stal)
By Rabbi Eliezer Brodt
Recently a new sefer hit the stores called ספר קושיות. The publisher, Rabbi Yaakov Stal, is well known, having already established his name with his editions of two seforim by ר’ יהודה החסיד one called ספר גימטריאות and another called אמרות טהורות חיצוניות ופנימיות. Like his previous works, once again he has done a great job. I would like to discuss his latest book a bit.

While Rabbi Stal was working on his various projects a friend introduced him to a recently discovered manuscript which was in the form of questions and answers. His interest raised, he immediately began working on editing it for print. Unfortunately, when he was close to finishing the sefer, another more complete manuscript was found forcing him to go through the whole volume again comparing, correcting, and adding the additions. (A third manuscript has been located, but he was not able to see it as it resides in a private collection). The result of all this labor is this beautiful sefer titled ספר קושיות.

The author of the קושיות is unknown, but based on various ways of identifications he seems to be from the time period of the תלמידים of the מהר”ם מרוטנברג thus dating the book to approximately the 14th century. The way this was deduced was by examining which works the author quotes. Not finding any quotes later than the רא”ש, it can be assumed that the author is from the same era. Along these lines, Rabbi Stal composed a list of all sources quoted by name thereby showing that the author had been heavily influenced by חסידי אשכנז, thus giving the reader yet another clue as to the identification of the author

The idea of the sefer, in short, is explanations of accepted halakhot and minhagim as well as various מדרשים ואגדות. These explanations are all posed in the form of questions and answers. Some of the answers are very simple; straightforward quotes from the Gemara; others are more interesting, questions that no one else discusses. The range of topics is amazing; there are 392 questions and answers some of the 392 topics include a few parts. The topics are about many areas such as תפילה, שבת יום טוב, קבורה, מילה and נישואין.

While some of the topics the author does not add much to what has already been said by earlier sources, many times he adds interesting points. There are also many things that Rabbi Stal could not find any similar sources to (I will give examples soon). All in all, this sefer is very interesting and easy to go through, many of the topics are things many people are curious about. The sefer comes included with an extensive index; with just a quick perusal one is appraised to the many interesting topic there are in the sefer.

I would like to give a partial list of some of the things found in this volume; just to give one a taste of this wonderful work.

First, in the area of מנהגים that we have other sources for include: wearing white on שבת (pg 24), covering the knife during ברכת המזון (pg 73), how many נרות one should light ליל שבת (pg 85), candles by the חתונה (pg 209), the order how one should cut his fingernails (pg 130) and burning the לולב with the חמץ (pg 168).

Second, topics that, as of now, this sefer is the only source for include: hitting the עדים during the קידושין (pg 8), putting ashes on ones head ערב תשעה באב (pg 136), signs how to tell if an animal is כשר (pg 190), that a חתן should not go to the בית הקברות during שנה ראשונה (pg 206) and if one is sitting in the bathroom and hears someone learning he has to cover his ears (pg 221).

In other areas there are many gems of great interest such as אברהם was מגייר הגר before marrying her (pg 270). Another point of interest is a discussion of the sources for the names of the months (pg 75-79). (I really would like to include much more but I want to save some of these gems for the reader to see himself.)

The footnotes are beautiful; Rabbi Stal attempts to reference almost everything relevant to the topic discussed in the body of the text. He provides the בעל הקושיות sources, and expounds on what the בעל הקושיות is trying to add. He includes all the cross-references in חז”ל through the help of the Bar Ilan Responsa program (which he uses expertly). He also cross-references all the ראשונים who deal with these topics; here we can see Rabbi Stal’s great knowledge and בקיאות in many ראשונים not searchable on any computer program to date. One can only find this by going through these seforim and indexing the מציאות as he finds them. He does the same with theפיוטים and נוסחות התפילה quoted by the author; all annotated against the best editions printed to date. Aside from this, Rabbi Stal has beautiful discussions on many topics, such as whether persons in גיהנם rest only on שבת or on Yom Tov as well, (pg 59), why the תפילה והוא רחום was written (pg 27-31) and why one should use הדסים for בשמים (pg 38).

Another point of interest worth mentioning are the many nice points provided from Prof. Simcha Emanuael, a recognized authority in the field of unknown manuscripts. Many of these points are from otherwise unknown sources in manuscripts.

It is often stated that it’s much easier to criticize someone else’s efforts rather than doing so oneself. Further, in this case critique was particularly difficult, as (Full Disclosure:) Rabbi Stal is also a good friend. Still, I would like to point out two issues with his work on this sefer.

A point I feel lacking is that while at times he does the reader the favor of referencing articles on the topics that the ספר קושיות discusses, many times, however, he failed to reference relevant articles. For example, when discussing the topic of fasting during אלול he quotes extensively from the classic article of Professor יעקב גרטנר (pg 49) but when talking about the מנהג of throwing wheat on theחתן (pg 174) he fails to mention the extensive article by ר’ בנימן המברגר in שרשי מנהג אשכנז (volume 3, pp. 392-429). There are two answers why Rabbi Stal did not quote this article. One, unfortunately when he works he does not have all his seforim in front of him. Two, had he quoted all of the interesting sources on each topic, this sefer would have been 1000 pages long, so he had to cut down the sources. This leads me to the next criticism; the length of the notes.

While talking with ר’ שמואל אשכנזי regarding this sefer he mentioned the following point. The footnotes although they are good and very interesting many times the same exact thing could have been written shorter. He said that we find this ability to write in an exact way was very hard even many ראשונים did not have this ability such as ר’ שמואל בן חפני גאון הר”י ברצלנוני and the אברבאנאל. The most famous person who excelled at writing very little and including everything in his words was רש”י. The main reason why Rabbi Stal did not do such is simple editing takes a lot of time (more time than writing lengthier) which he wants to use to put out more works. So in the end, the lengthy footnotes could have been better served by including more material but at the same time careful editing.