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.

There is a new journal published by מכון מורשת אשכנז titled ירושתנו. This מכון is well known for producing some excellent works, amongst them זכרונות ומסורות על החת”ם סופר and the four volumes ofשרשי מנהג אשכנז . This journal they promise to put out once a year but only time will tell, as anyone familiar with this מכון knows; they do great work but it takes forever for the seforim to come out. Many reasons have been given as to why that is so (money amongst them) however, the main reason I feel is because they strive for perfection – which is the biggest mistake many make as the משנה in אבות says לא עליך המלאכה לגמור.

With this in mind I would like to review this work (not in-depth so as to keep your interest). There are articles on all topics – basically whatever your interest you’re sure to find something there.

This sefer has about thirty articles including many articles which include hereto unpublished Torah from the great גדולים of אשכנז.

Amongst them from the בעל חינוך בית יהודא ,ערוך לנר ,רב הירש ,רב עזריאל הילדסהימר ,ר’ יונה מרצבך and ר’ דוד הקשר. There is an in-depth discussion as to the שיעור מיל according to the קליר between ר’ יצחק אדלר and ר’ יונה מרצבך. For those interested in poetry there is a great piece from the מהר”ם מרוטנברג on חנוכה which includes many interesting things about חנוכה. There is another article on the זמר of דרור יקרא and a piece on שירה during davening in general.

There are a few articles on contemporary halakhic issues such as הגעלת כלים from the בעל שמירת שבת כהלכתה and on יארצהייט when it’s a leap year.

Besides this there are about six articles on מנהגים all of the articles just whet one’s appetite – leaving one feeling that suddenly they took the משנה of שלא עליך המלאכה לגמור too far. For instance, one article discusses the custom of waiting between milk and meat is an extreme example of having too little information. I and many others were waiting for an exhaustive article on the topic – this is not it. Even the article from the generally great ר’ בנימן שלמה המבורגר (the author of the works שרשי מנהג אשכנז), discussing קדיש after קריאת התורה, leaves us feeling teased. We are used to much more from such an expert on מנהגים. He probably wants to save it for his own works שרשי מנהג אשכנז – which we are anyway long overdue for another one.

There are, however a few stand out articles. There is an important article from Professor יעקב שפיגל, whose articles and books are consistently excellent, discussing the בית יוסף’s usage of ראשונים – specifically which editions the בית יוסף had in front of him. שפיגל covers, among others, the שבלי הלקט and the sefer אגור. This is very important in fully understanding the בית יוסף in general and his sources.

After שפיגל’s article there is a much talked about article from ר’ מרדכי הוניג. This article is a review of a recent printing of the ספר חסידים החדש from the nephew of the רא”ש, sometimes referred to as the ספר המשכיל. This sefer has many many interesting things on many topics many of whichר’ הוניג is kind enough to point out – he has extensive comments from a wide range of sources. One can only hope that one day he puts out this sefer with all his notes and the many more I am sure he could have put in this article of 45 pages. Perhaps he was keeping with the above themeלא עליך המלאכה לגמור.

After that there is an article, from ר’ יחיאל גולדהבר, on ר’ עזריאל הילדסהיימר during his time in אייזנשטט. Although the article is good, it appears he missed out on one important source from ר’ עזריאל הילדסהיימר’s daughter all about her father. See Gertrude Hirschler and Shnayer Z. Leiman, “Esther Hildesheimer Calvary: The Hildesheimers in Eisenstadt,” Tradition 26:3 (1992): 87-92.

After that there is an extensive article on the life of ר’ יוסף אלטמאן including many items from rare German newspapers.

The articles conclude with a short piece from ר’ אברהם סולומון about a future edition of דברי קהלת from שלמה גייגר that he plans on publishing. דברי קהלת is, of course, an extremely important source for מנהגים and anyone familiar with the sefer will definitely understand the great necessity for such a job as it’s a very hard sefer to use but one could only hope that the authors dream comes true and he is able to put out the work as he intends to.

Finally, the inaugural issue of ירושתנו also includes a לוח השנה של מנהגי בית הכנסת לבני אשכנז בארץ ישראל and two articles in English.

As I mentioned before, Elliott Horowitz wrote an excellent book on Purim and its connection with violence. But, as some are wont to do, instead of reading a book objectively they come into a book with all sorts of preconceived notions. This was typified by Hillel Halkin’s review of Horowitz’s book. In the June 2006 issue of Commentary Magazine, Halkin reviewed Horowitz’s book. I did not bother to mention this, solely because it was painfully obvious Halkin did not read the first half of the book, or chose to ignore it (as Horowitz points out in his response), and that Halkin was only interested in finding fault. Halkin takes issue with the very notion that Jews could be violent and thus can not believe (or address) most of Horwitz’s points. In fact, much of Horowitz’s thesis had already been published years ago in his articles on the topics. (Perhaps Halkin doesn’t read academic journals? Although he feels it fine to review an academic work).

Well in the October 2006 issue of Commentary Magazine, Elliott Horowitz responses as does Halkin. Halkin’s response, however, is so juvenile and void of content, he does more to undermine his position than anything Horowitz could have done. Halkin to buttress his position resorts to name calling and a general ad hominem attack. So, for example, Halkin starts by noting

As I stated in my review, Elliot Horowitz wrote an interesting but not entirely honest book. How he has written an uninteresting and thoroughly dishonest letter.

Setting aside Halkin’s vitriolics, Horowitz, as he is wont to do, uses the terrific image of the Godfather movies to prove his point. He notes that there is a distinction between the Godfather and Bonnie and Clyde, one which just has violence and the other which explores it. Horowitz, thus illuminates his purpose of exploring the sources and theological underpinnings of his thesis. [Now, there are not that many Jewish academics who cite to movies (or as he does in another of his articles compares the imagery in a haggadah to Bugs Bunny) so this somewhat is refreshing.] Halkin, of course, fails to note this (apparently he is not one for subtleties) and instead turns the movie quote into a childish retort of

If Horowitz wanted to write a Jewish version of The Godfather . . . he should have done a movie script.

Additionally, Halkin fails to address most of Horowitz’s most salient points. So, Halkin still ignores the entire first half of Howowitz’s book and fails to explain the rampent use of the term Amalek to this day. It is disappointing that Commentary publishes such drivel, but does demonstrate that one should not judge a book by its cover nor a review (or reviewer) by its inclusion in Commentary.

You can read the full exchange here for yourself until the end of October 2006.

In the Jewish liturgy there is a fundamental question dealing with the composition of the Hebrew found therein. There are two major types of Hebrew – Rabbinic and Biblical. The question becomes which should one be using when praying. This at first blush may appear to be of minor significance, however, most controversies regarding various words throughout the prayer book can be traced to this one point. This issue of which Hebrew to follow was brought to head in the 18th century. During this period there were a few books published dealing with the proper nusach (composition of the prayers). Some of these works advocated for various changes in the prayer book based upon the authors understanding of which Hebrew to follow when praying. This in turned provoked a fairly large controversy which can be felt today by anyone sensitive to the nusach of the prayers.

Today, although most may be unaware, many changes effected during the above referenced time period are still to be found in almost all the standard prayer books. This is so, as Wolf Heidenheim in his prayer book, which became the standard for most which followed him, relied and incorporated numerous changes based upon these 18th century works. Heidenheim’s book became, in part, the standard after he was able to secure an approbation from one of the most traditional Orthodox rabbis of the day – R. Moshe Sofer (Hatam Sofer). R. Sofer, whose well known statement “anything new is prohibited” was either unaware of the “newness” of Heidenheim’s work or perhaps agreed with his alterations, ensured Heidenheim’s work would become the exemplar for all subsequent prayer books.

One of the more interesting books to come out of this period has recently been reprinted. This book, Yashresh Ya’akov, was originally published around 1768 and, according to the title page, was authored by R. Ya’akov Babini. The work is supposedly based upon a question which R. Babini was asked. Specifically, someone wrote that he entertained an Italian guest. This guest when it came time to say birkat hamazon (grace after meals) said the prayer with numerous changes from the standard format. The host wrote to R. Babini to ask whether these changes were in fact correct. All of these changes are more or less based upon the notion that one should follow the Biblical Hebrew as opposed to the Rabbinic Hebrew. R. Babini defends the guest’s alteration and demonstrates that in each instance the changes were correct.

That is the basic background on the book. Yet, there are numerous other important facts that are not necessarily apparent from just a casual read of the book. First, as I mentioned, taking a position that Biblical Hebrew is the correct Hebrew and thus one should alter the standard was highly controversial. In an effort to avoid controversy the true author of the book – not R. Babini – hid his name. The true author is really R. Ya’akov Bassan.[1] R. Bassan gave an approbation to this work although he did not use his own name as the author. Instead, R. Bassan picked someone who had less than a stellar reputation – R. Babini. R. Babini in 1759 published a book under his own name titled Zikhron Yerushalayim which listed various holy places in Israel as well as where certain Rabbis are buried in Israel. R. Babini, neglected to mention in this publication that this work had already been published in 1643 under the very similar title Zikhron B’Yerushalayim, which contains, with minor changes, the very same text R. Babini offered as his own. Thus, looking for a patsy, R. Bassan picked someone who already did not have such a great reputation. R. Bassan although unwilling to offer his name to his own publication decided to instead offer his approbation to his own work.

Aside from hiding the authorship, the place of publication was also altered. The title page reads Nürnberg as the place of publication. This is incorrect, in actually this was published in Altona. The date on the title page reads 1768, however, the date on the approbation reads 1769 thus making the date offered an impossibility. All of these “hints” should lead an observant reader to realize something funny is going on here – namely nothing is what it appears. These types of hints to the ultimate author were actually somewhat commonplace during this period. Most famously, R. Y. Satnow would publish books not under his own name, instead either in the approbation or the title page he would offer hints that only an astute reader would notice demonstrating that R. Satnow was in fact the true author.[2]

As R. Bassan correctly surmised, his work was in fact controversial. R. Binyamin Espinoza wrote a work directed at disproving the underlying premise of R. Bassan’s that one should stick with the standard liturgy and not change it to conform with Biblical Hebrew. R. Espinoza, originally from Tunisia was unsuccessful in publishing his rebuttal and it remained in manuscript, although its existence was known to many. R. Espinoza pulls no punches and takes R. Bassan to task in very sharp terms for his advocating these changes. As mentioned above this was to no avail as either surreptitiously or knowingly many of the changes and other similar ones have in fact become standard today.

Recently both the Yashresh Ya’akov and R. Espinoza’s work Yesod HaKium have been republished together. This edition which includes an extensive introduction which contains all the history above and more is excellent. Obviously, for understanding the development of the liturgy of the prayer book this is extremely important. Also those interested in bibliographical quirks will also enjoy these books. The book is available from Beigeleisen books (718-436-1165) who has informed me he has recently received a new shipment of these as the prior one had been sold out. This new edition was edited by Rabbis Moshe Didi and David Satbon from Kiryat Sefer, Israel (ת.ד 525 and 154 respectively).

For more on these books see here.

Sources:
[1] This understanding that R. Ya’akov Basson is the actual author runs counter to many earlier assertions that the author was R. Avrohom Basson. In the new edition of this work, however, they demonstrate the problems with associating R. Avrohom and instead argue that in fact it is R. Ya’akov.

[2] Satnow was not the only one; according to some, R. Saul Berlin, in the Besamim Rosh, offered similar hints to his authorship of this controversial work.

What follows is a list of new seforim I have recently purchased; for prior lists see the “New Books Lists” on the sidebar.

1. Indices To The Emden-Eybeschuetz Controversy Literature by Gershom G. Scholem. As the title implies, this is an index, divided by person, book, and geographic place. Additional, many of the abbreviations used (R. Emden constantly uses abbreviations, many obscure) are explained. This index was culled from Scholem’s index cards where he kept these records. The editors have done nothing to update them nor have they attempted to ensure consistency. So, in essence they had these cards typeset and published.

But, as part of this publication Hebrew University has scanned all of the books and manuscripts covered by this index and put them on a CD. This is especially important, as many of these are very rare and hard to come by. This CD is supposed to be available directly from Magnes Press, however, I could find no other information on this on their website.

2. On the topic of Scholem there is a fairly recent book, Pithe ‘Olam which is a critical edition of R. Solomon ben Samuel’s work by that name. This is a work of kabbalah. However, perhaps the most interesting piece of this book in not the manuscript but what the editor, Rafeal Kohen, has appended to it. R. Kohen has included his own polemic against modern kabbalah scholars. He accuses them, among other things, to have stymied the publication of numerous manuscripts to benefit their own careers, racism against those not in academia, as well as plain sloppy scholarship. He backs some of these claims up with concrete examples. In particular he savages Paul Fenton’s edition of R. Yosef b. Avrohom’s Sheroshi HaKabbalah with numerous examples of errors and mistakes. R. Kohen, also goes University by University and points out who he has issues with. R. Kohen is particular of appending each of the names of the people he discusses with the ignominious abbreviation meaning שם רשעים ירקב ימח שמו וזכרון תימקן ותשחקן עצמות אוסר לעסוק בקבורתו or שר”י יש”ו תו”ע אל”ב at every single mention of their names. He covers Hebrew University, Bar Ilan, Sorbonne, and the Schechter Institute. It makes for some entertaining, if over the top, reading.

3. Journal Mayni HaYeshua from Biala Hassidim contains a 23 page article against Eliach’s Sefer HaGaon.

4. Ziv haSemot or What’s in a Name. This book on everything having to do with names and naming is perhaps the 4th book on this extremely important, life or death topic which has come out in the past few years. This one is in both Hebrew and English. Curiously, although there is a chapter on using a name that a wicked person had such as Yismael. The author does not cite to or quote the Shu’t Besamim Rosh on the topic. Whose pronouncement has broad implications for naming. He says even if a evil person happen to have the name, if it is a nice name then you can use it.

I purchased these at Biegeleisen in Boropark.

The post below is a continuation from this prior post.

America posed some unique questions regarding marriage and divorce laws. In the early period of American Jewish history, many people were not erudite. In an apparent effort to help with this deficiency, in 1901, R. Dov Baer Abramowitz published his Sefer Ketubah. This book contains tear out, pro forma ketubot. Thus, the Rabbi could just rip one out whenever he needed to. (No. 588). Another work which dealt with marriage issues is a small pamphlet published in 1909. This dealt with the question of a man who was induced to marry a woman who was “mentally unbalanced.” The husband was allowed to marry a second wife via a heter me’ah rabbanim (the consent of one hundred rabbis). Typically, these 100 must come from different countries, however, here, for the first time, R. Rosenfeld, the author, “explained that it could be issued by American rabbis alone because ‘at one time [the United States] were separate countries. And even today each state is, to a certain extent, [a] separate [entity].'” (No. 1144).

While on the one hand there were many in America that were in the Jewish sense, illiterate, there were also those on the opposite end of the spectrum as it was, who published scholarly works. Dr. Louis Ginzberg, published in 1909 Seriedi HaYerushalmi min HaGeizah asher b’Mitzrayim. This book contained, as the title indicates, fragments from the Cairo Genizah which enabled Ginzberg to offer correction to the standard edition of the Jerusalem Talmud. It seems that this was deemed so important even outside the U.S. As “Ginzburg’s research was included – without attribution – in the Vilna 1922 edition of the Yerushalmi” (No. 606).

This copyright infringement was actually a two way street. In 1919, The Union of Orthodox Rabbis of the United States and Canada published, for the first time in America the complete Talmud. While this signaled a new era in the Jewish learning in the US, it seems that the publishers did not secure all necessary rights before embarking on this printing. Specifically, this edition is a photo-reproduction of the Romm, Vilna edition of the Talmud. This did not go unnoticed. “Moses Rosenberg wrote to R. Hayyim Ozer Grodzinski of Vilna on behalf of the Romm publishing house. He accused Agudath Harabbonim of reproducing the Romm edition without permission and requested that Agudath Harabbonim be summoned to a rabbinical court.” (No. 635). This letter is reproduced at the end of volume II of the work. (p. 1181). The end of the second volume contains many historical letters from Yosef Goldman’s collection. Additionally, there are photographs and autographs of some famous American Rabbis as well in this last section.

On the theme of lack of religious observance, there is no lack of books dealing with this. Moses Weinberger’s book, which Sarna translated into English, “People Walk on their Heads” is but one example. R. Elijah Kochin, Sefer Aderet Eliyahu (Pittsburgh, 1917) where he complains “the city of Pittsburgh is still hefker [anarchic] and it lacks everything necessary for the highest level of observance.” He decried the “accepted evil custom in this land which says that he who lies the most by bluffing, as it is called, is to be praised.” (No. 784).

Already in 1872, Nahum Streisand who I have no idea if any relation to the now woman singer Barbara, which would be rather ironic in light of the fact this book “contains an analysis of the rabbinic debate over the prohibition for a man to hear a woman singing. Streisand had originally sent its contents to Henry Vidaver after the latter issued a ruling permitting women to sing in the choir of his congregation, Bnai Jeshurun.” (No. 1091).

Other issues which came up include metzizha b’peh and whether one can use a sponge. See nos. 1117. In 1915 a book on circumcision was published which, in part dealt with metzizah b’peh by the milah board. This board was “recognized by the New York City Commissioner of Health . . . [who said] the educational value of such work as the Milah Board has done in this matter is of the greatest help to the City, and particularly to our department.” (No. 1158).

Another issue was the use of wine during Prohibition. Dr. Louis Ginzburg published a responsa which argued that grape juice was sufficient for ritual that would otherwise require wine. He did this as “during the era of Prohibition, the government granted special licenses allowing the sale for sacramental purposes. Some Jews abused these licenses.” Ginzburg, wanted to void the use of wine, thus obviating the need for such licenses. This responsa “elicited enough interest in the secular world to merit a press conference and coverage in a major newspaper [i.e. the New York Times].” (no. 1177).

This was not the only work influenced by Prohibition. Isidore Koplowitz published “Midrashic Exegetics on Wine and Strong Drink.” He endeavored to prove “that the Hebrew prophets and a host of Talmudic Rabbins, were outspoken in the great cause of prohibition.” No. 1179.