Latest MOAG Ban Runs Counter to an Agreement with R. Eliyashiv
A reader has sent me the following letter from R. Kamenstky discussing the possiblity of a ban on the improved edition of MOAG. The letter says “if people will come to complain to R. Eliasiv about the new edition and say such and such is written there, he will not listen to them until he first calls me, and I will need to present when they translate my book for him.”
Additionally, I have received the following relevant information.
“The letter quotes Rav Elyashiv as saying that the request that the author should be called and given a fair chance to defend himself is just. This was repeated by a number of meetings that the author had with R’ Elyashiv. Before the letter was sent out it was shown to Aryeh Elyashiv – the grandson in charge of all the appointments and present in the room during all meetings to assist his grandfather – and he stated that the quote was correct and it conveys faithfully his grandfather’s say on the matter.
The letter was delivered to the following Rabbis:
Steinman
Sheinberg
Karelitz
Kanyevsky
Markowitz
Auerbach
It was not sent to Rabbi Shapiro because he already apologized for the first time that he signed against the book, and had already said that he will not have anything more to do with this affair. Sure enough he kept his word now and didn’t sign.
R’ Wolbe was omitted because he’s not alive.
R’ Elyashiv didn’t have to receive this letter because he was the subject of the letter.
R’ Lefkowitz was not sent this letter because he was very vicious the time before, and could not be expected to be fair.The author has made it his habit to daven in the morning in R’ Elyashiv’s minyan from time to time, so that if anything arises he can be informed of immediately.
This last Friday and Sunday he was at the minyan and no one (including Yisroel Elyashiv – another grandson) said anything when asked if everything is fine. It was only after he came home that he found out about the ad and article in Yated Neeman.”
Besamim Rosh
The Besamim Rosh is a book of reponsa first published in Berlin in 1793. It contained two parts, the teshuvot and a commentary titled kasa d’harsena. The person who published it, R. Saul Berlin was the Berlin Chief Rabbi’s son. R. Saul claimed the teshuvot were from a manuscript which he attributed to the Rosh, R. Asher ben Yehiel. The commentary, kasa d’harsena, was from R. Saul. Right after it appeared there were some that doubted the authenticity of atleast some of the teshuvot. They claimed that those teshuvot were not from the Rosh.
There were many novel teshovot. Among these was one permitting shaving on Hol haMo’ad, permitting kitneyot and claiming kitneyot was actually a Karite custom, and relaxing the restrictions on a suicide.
The first book to come out against the Besamim Rosh was written by R. Ze’ev Wolf, titled Ze’av Y’trof and was published that same year, 1793. In it he takes issue with some of the teshuvot that are in the Besamim Rosh. He also, claims that R. Saul retracted one, the teshuva permitting shaving on hol haMo’ad. However, it is unclear whether R. Saul admitted it was a forgery or he retracted in a less sensational manner.
After this book, there were numerous others who doubted either the entirety or at least portions of the book. However, R. Saul’s father, R. Tzvi Hirsch Levin (Berlin) defended the work of his son and vouched for the authenticity of it. He claimed to have seen the actual manuscript, something that no one else had seen. There were others who also supported the book. It appears that R. Yosef Hayyim David Azulai, Hida, also vouched for it, based upon the testimony of R. Tzvi Hirsch.
R. Saul, actually had a history that may explain why some were suspect of him. He published under a pseudonym a book title Mitzpeh Yekutel which attacked R. Rafeal Hamburg, the chief Rabbi of Altona, Hamburg, Wansbeck (AH”U). This book was put in herem and burned in some cities. [As an aside after he was unmasked there were at least two teshovot published by different authors dealing with jurisdiction in herems. That is, whether the herem of one city, namely AH”U, can be enforced in another, namely Berlin. Obviously, this has many modern day implications, but it appears that many are not aware of such jurisdictional limitation of herems.]
Thus, it appears that some people already had rather negative opinions of R. Saul and this may have influenced their opinion of the authenticity of the Besamim Rosh.
As mentioned above, the Besamim Rosh was first published in 1793, however, it was not republished until 1881, nearly 100 years later. In this edition, two teshuvot were removed. The teshuva relaxing the rules for a suicide as well as one that permitted one riding on a horse on Shabbat. This second teshuva dealt with a case where one was riding on a horse and the Shabbat was approaching. The rider was faced with a dilemma, should he stop and thus have to scourge and rely on the hospitality of others or continue on to avoid that type of “embarrassment.” The teshuva permits him to continue based upon the rule kovod habreiot dokhe l’o s’ashe. That is, for respect one can violate certain prohibitions.
Finally, the Besamim Rosh was republished from the original edition in 1984. This edition has an extensive introduction that attempts to rehabilitate the Besamim Rosh. However, there are numerous flaws with the introduction. The publisher twists and in some instances perverts statements of those that question the authenticity of Besamim Rosh. He also make absurd arguments in support of his goal.
For example, one of the people that doubted the authenticity of the Besamim Rosh was R. Moshe Sofer, Hatam Sofer. Hatam Sofer calls the Besamim Rosh the Ketzvi haRosh -the lies of the Rosh. (Orakh Ha’ayim no. 154) However, the publisher claims this is an error. He explains that the Vienna edition (1895) of the Teshvot Hatam Sofer don’t read kitzvi haRosh, rather it reads kitvei haRosh- the writings of the Rosh. Thus, according to the publisher, all the editions of the Hatam Sofer that people relied upon were incorrect.
This, of course, is silly. The first edition of the Teshvot Hatam Sofer of this volume, was NOT the Vienna edition, rather it was Presburg, 1855. In that edition, which the publisher conveniently ignores, it says “kitzvei haRosh” the lies of the Rosh. This is but one of the numerous examples that can be found in this 1984 reprint.
In conclusion, there is a long running debate about the authenticity of this work, which has not been fully resolved, although at least one blogger may have a method to do so.
“Improved” Making of a Godol
In this new edition, there is a helpful index which shows what exactly has been improved upon. According to the index only one story has been removed in it’s entirety. That story, in which R. A. Kotler responded to an interruption during his shiur from a “red-bearded scholar.” R. Kotler responded by saying “Red Heifer, be still!” This was removed due to the source of the story. Apparently, the source for this particular story did not support R. Kamenetsky when R. Kamenetsky questioned the validity of the ban, and thus R. Kamenetsky did not want to include this persons comments.
According to the index there are no more omissions in this new edition. Instead, there are numerous elaborations, corrections, and a significant amount of new information. R. Kamenetsky states in one of the first “elaborations” that “the unexpected ban issued on the original, unimproved, version” helped the current edition be of value for all time.
unfortunately, this improved edition still suffers from a serious lack of editorial oversight. Although, the book has been altered to conform and appease those that issued a ban, it was not altered to make it more reader friendly. The improved edition still utilizes the same format of text followed by excursuses with numerous footnotes and tangents. It still requires, as R. Kamenetsky points out, a pencil and paper to be able to be able to flip back and forth through the book and keep track of what page one is on.
There is one important addition to the book, while not solving all the difficulties, at least alleviates some of them. R. Kamenetsky included a timeline line which tracks both significant events in world history with a parallel timeline that tracks significant Jewish events. When the Jewish events appear in the book, R. Kamenetsky included a footnote to alert the reader which page they can be found on. This allows, if one so desires, to read the book in a chronological order.
Although, the original book was only $40 (when it was published, subsequent to the ban the book was selling and continues to sell for outrageous prices) this improved version is $125. I assume that the steep raise in price was to allow for R. Kamenetsky to recoup some of his losses he suffered from the first edition. There were only 1,000 copies of the first edition published, however, R. Kamenetsky stopped selling and ordered his distributor to stop distributing them once the ban was pronounced. While it is impossible to know with certainty, this probably left him with numerous unsold copies thus causing significant loss. R. Kamenetsky implemented this policy even though he stood to profit immensely from the ban, he has said he felt bound by the ban even if he felt it was unjust.