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Kabbala, Halakha and Kugel: The Case of the Two Handed Blessing

Kabbala, Halakha and Kugel:  The Case of the Two Handed Blessing*
          In parshat Vayehi, Yaakov simultaneously blesses his two grandchildren, Ephraim and Menashe by placing one hand upon each of their heads.  Today, there is a widespread custom of blessing one own’s children on Friday night (although some only do it on the eve of Yom Kippur).  This custom most likely originated with the Hasedi Ashkenaz in the 14th century but quickly spread to the rest of Europe, including France, Spain, and Italy.[1]  The exact details of the blessing, however, are subject to some variation. 
            The earliest sources mention only the priestly blessing and not Yaakov’s.[2] It was not until the 18th century, R. Yaakov Emden propose the specific usage of Yaakov’s blessing to his grandsons “God shall make you like Ephraim and Menashe.”   Likewise, even within those sources they are inconsistent as to whether both hands are to be used or only one.  Some provide that one hand should be used because it has 15 joints the same number of words as in the priestly blessing, while others urge two hands because they contain 60 bones which corresponds to the word “סמך” “somekh” “to lay hands” to be read as the letter “סמ״ך” “samach” and correspond to the numerical value of sixty rather than the literal translation equaling the number of letters in Birkat Kohanim. These sources disagree because of the symbolic nature of the hands vis-à-vis the blessing.
The anonymous book, Hemdat Yamim, states that one should only use the right hand to bless.  Likewise, R. Yitzhak Lampronti records that some refrain from using two hands to avoid “mixing hesed with din” corresponding to the right and left hands respectively.  But he rejects that and he used both hands.
R. Emden firmly rejects the idea of singlehanded blessings.  He explains that Moshe and others used two.  Yaakov was but an exception as he wanted to bless both of his grandsons simultaneously because he was already changing the order and wanted to minimize, as much as possible, the differences between the two.  Further blessing the younger before the older would be an unforgivable insult. Thus, this was a special case where he was compelled to use one hand.[3]    But in the late 19th century, a one handed blessing was suggested because of halakhic reasons.
            In 1779, R. Yehezkel Landau was born in Vilna.  In 1793 he married his cousin, the daughter of Tzvi Hirsch and Mushka Zalkind, Haye Sorah.[4]  Unexpectedly, an event surrounding Landau’s wedding would become a touchstone for birkat ha-banim. 
            R. Landau was among those who were privileged to study with the Gaon and received his particular form of learning that eschewed pilpul and focused on peshat.[5]  Additionally, R. Landau considered himself a talmid muvhak of and prayed in the same synagogue as R. Hayyim Volozhin.[6] That synagogue, the Parnes Kloyz, also claimed a number of other important members including R. Avraham Abele Poswoler, R. Landau’s brother-in-law.[7]  With the death of R. Abele in 1806 R. Landau took over the position as Rosh Av bet Din of Vilna.[8]  The position was first offered to R. Akiva Eiger but he turned it down.[9]  R. Landau held that position until his death in 1870.
            Until this point the discussion regarding whether to use two hands or one is limited to symbolic or kabalistic reasons.  But there are those who argue that there is a legal issue with using two hands and they attribute this view to the Gaon.  Determining the Gaon’s practices is a very difficult task, he did not write a book of customs and instead most of what we have is from second hand or third hand sources, many of which are contradictory or unsupportable.[10] 
            Close to one hundred years after the Gaon died, the siddur, Siddur ha-Gaon be-Nigleh u-Nistar, was published by Naftali Hertz, and for the first time it is recorded that the Gaon only used one hand for a blessing.  The source for this practice is unclear.  The “Nigleh” portion is generally taken from Ma’ashe Rav and Likutei Dinim meha-Gra, neither of which records this practice. 
            R. Barukh ha-Levi Epstein, however, records a story about that Gaon that is related to the prohibition of a non-kohen reciting the priestly blessings in the synagogue.  In Epstein’s commentary on the Torah, Torah Temimah, he posits a novel ruling that not only is a non-kohen prohibited from blessing the congregation but is prohibited from ever using two hands – like the priests – to bless anyone.  According to Epstein, such a practice would violate a biblical commandment. But he wanted to address as to why he is the first to raise this issue and rather than concede that he is the source of this innovative ruling he records a story from “a trustworthy source” that “when the Gaon of Vilna blessed R. Yehezkel Landau the Moreh Tzedek of Vilna at his huppa, the Gaon only placed one hand on R. Landau’s head during the blessing.  Those present asked the Gaon to explain his practice and he replied that only the priests in the temple can use two hands.”[11]  Thus, R. Epstein is able to “toleh atsmo be-ilan gadol” (one should hang themselves on a big tree).
            Indeed, R. Epstein’s version of the Gaon’s position is still accepted today. Two siddurim that were recently published based upon the Gaon’s practices both record that it was his opinion that one must only use one hand because “only the priests in the temple were permitted to use two hands.”  Both cite R. Epstein as their source.[12] 
            That R. Landua received the Gaon’s blessing is attested to on his epithet.
 “חן הוצק בשפתיך כי גברה עליך ברכת אליהו גאון ישראל.”
“Grace was placed upon his lips because he was overtaken by the blessing of Eliyahu Gaon of Israel.”[13]  Nonetheless, the exact details of that blessing are not as clear.  Indeed, the details of R. Epstein’s version that was transmitted by a “trustworthy source” seem somewhat suspect. First, R. Landau would not have been referred to as a מו״ץ because he oversaw the entire bet din system in Vilna and controlled all of the moreh tzedeks.  Hence R. Landau was referred to as Rosh Av Bet Din “Ravad” or ראב״ד.[14]  Second, the Gaon was not known for getting out much.  He no longer studied at all in what was known as the Gaon’s kloyz that was located in the Great Synagogue Courtyard (shulhoyf) but studied in the same house he lived in, a location known as the Slutzki building.[15]  While R. Landau was well-regarded none of the other histories of Vilna that discuss R. Landau and mention the he studied with the Gaon or the Gaon’s blessing also include the Gaon’s attendance at the wedding.[16]  Finally, the Gaon’s commentary to Shulchan Orakh does not mention any issue with a non-kohen using two hands, nor does it appear in any of the books collecting the Gaon’s customs.[17] 
While admittedly none of the above issues are dispostive, there is a far better reason to discount R. Epstein’s version because there is a more reliable alternative version of the story that R. Epstein records, and according to this version, there is nothing to suggest that the Gaon deliberately avoided using two hands nor that there is any reason to do so.  Indeed, stories that are attributed to the Gaon are notoriously unreliable. Already with the first “biography” of the Gaon, R. Dovid Luria cautioned that “the greatness of my teacher, Rabbenu ha-Gadol z’l [ha-Gaon] is such that there are many stories and legends attesting to that greatness there are as many variations, embellishments and deficiencies in every story.”  In this instance, however, we have the benefit of hearing the story directly from the protagonist, R. Landau.
R. Ben-Tzion Alfes
Ben-Tzion Alfes was born in Vilna in 1851 and when he was a young boy spent time in the Gaon’s Kloyz and met R. Landau.  Alfes records in his autobiography that “R. Landau recalled that the Shabbat after he was married, his father-in-law brought him to the Gaon to receive a blessing.  When he arrived the Gaon was in the middle of his lunch meal, eating kugel.[18]  R. Landau was wearing the new fur hat he received for his wedding and when the Gaon went to place his hands on R. Landau’s head, he turned away so that the Gaon wouldn’t dirty the fur hat with his greasy hands.  The Gaon ended up just putting one hand on the hat and blessed R. Landau.  R. Landau lived very long, over ninety and never required eyeglasses, and for the rest of his life he was disappointed regarding his small mindedness of valuing the hat more than the hands of the Gaon.”[19] 
כשהייתי בן עשר דרנו בחדר אצל אחד שהיה לו סבא זקן שהיה מכיר את הגאון רבנו אליהו מווילנא זצ”ל, ונהניתי מאד בשעה שאבי ז”ל ישב אצלו לשמוע ספורים מהגר”א, וכאשר אחרי נשואי קבעתי מקומי ללמוד ולהתפלל בקלויז הגר”א, הכרתי שם זקן אחד שהיה חתן הגאון ר’ אברהם (בעל מעלות התורה) אחי הגר”א, וכן הכרתי את הגאון ר’ יחזקאל לנדא אב”ד דווילנא שכאשר נעשה חתן הביא אותו מחותנו בשבת לפני הגר”א שיברך אותו, והגר”א ז”ל ישב בסעודה שניה של שבת ואכל את הקוגל, והחתן היה מלובש בשטריימיל ורצה הגאון להניח ידיו על ראש החתן לברכו ונסוג החתן לאחוריו שלא ישמין הגאון את השטריימיל בידיו השמנות מהפשטידא, והניח הגר”א ידו אחת על השטריימיל וברכו, והאריך ימים ולמד עד יומו האחרון בלי משקפים, והצטער רבי יחזקאל לנדא כל ימיו, על קטנות המוח שלו שהוקיר את השטריימיל יותר מידיו של הגר”א

According to R. Landau it was his own fault that the Gaon only used one hand and it had nothing to do with symbolism, kabbala and certainly not because of a halakhic concern.  It came down to kugel and fur hats.[20] 

* A different version of this article previously appeared in Or HaMizrach in Hebrew. Dan Rabinowitz, “Birkat ha-Banim be-Sheti Yadim:  Mesoret ha-Gra be-Nedon,” Or HaMizrach 51, 3-4 (2006), 181-85.  Additionally, Professor Daniel Sperber modified and added additional materials to it for Bar Ilan’s Shabbat Torah pamphlet.  Daniel Sperber, “Al Birkat ha-Banim,” Daf Shevoei (University Bar Ilan) Parshat Vehi, 2008, no. 735.
[1] See Yecheil Goldhaver, Be’er Sheva, in Bunim Yoel Tevesig, Minhagei ha-Kehilot (Jerusalem:  Le’or, 2005), 186-89.  See also, Shmuel Ashkenazi, Alpa Beta Kadmeta (Jerusalem, 2010), 207-09.
[2] R. Eliyahu Dovid Rabinowich Toemim, however, incorrectly asserts that the priestly blessing was not part of the blessing of the children.  Instead, he suggests that since the inception of the custom on Yaakov’s blessing was used.  Eliyahu Dovid Rabinowich Teomim, Shu”t Ma’aneh Eliyahu (Jerusalem:  Yeshiva Har Etzion, 2003), no. 122, 349.
[3] Hemdat Yamim, (Venice, 1812), Helek Shabbat, chapter 7, 48; Yitzhak Lamporti, Pahad Yitzhak  ha-Shalem (Jerusalem, 1998), ma’arekhet ha”Bet,” 52; Yaakov Emden, Siddur Ya’avetz (Jerusalem, 1992), 564-65. See Goldhaver who provides many of these sources and the additions of Eliezer Brodt in Yerushatanu 2 (2008), 205-206 (Eliezer also kindly provided additional sources for this post).  For an example of a death bed blessing see Michel Hakohen Brever, Zikhronot Av u-Beno (Jerusalem:  Mossad Harav Kook, 1966) 122
[4] The Zalkinds would later establish a kloyz, with a women’s section, that was alternatively referred to by Reb Herschel Zalkinds Kloyz and perhaps more notably by his wife’s name:  Mushke Leybele Zalkinds kloyz.  The kloyz is no longer extant but was located in Vilna’s Old Jewish quarter on what is today Šv. Mikalojaus Street.   Synagogues in Lithuania, N-Z: A Catalogue, eds. Aliza Cohen-Mushlin, Sergey Kravtsov, Vladimir Levin, et.al. (Vilnius:  Vilnius Academy of Arts Press, 2012) 312.
[5] Shmuel Yosef Fuenn, Kenest Yisrael:  Zikhronot le-Toldot Gedolei Yisrael ha-No’adim le-shem be-Torotum, be-Hokhatum, ube-Ma’asehem (Warsaw, 1886), 517.
[6] Hillel Noach Steinschneider, Ir Vilna (Vilna, 1900), 32. 
[7] For a biography of R. Abele, see Ir Vilna, 19-29.  His third wife, Fagie, was R. Landau’s sister. For more about the Kloyz see Cohen-Mushlin, Synagogues in Lithuania N-Z, 308 and for more details on the building and the Parnes see Aelita Ambrulevičiūtė, Houses that Talk:  Sketches of Vokiečiu Street in the Nineteenth Century (Vilnius:  Auko Žuvys, 2015), 91-95.
[8] Ir Vilna, 32. 
[9] Ir Vilna, 30-31.
[10] See the comments of R. David Luria, “the greatness of my teacher, Rabbenu ha-Gadol z’l [ha-Gaon] is such that there are many stories and legends attesting to that there are as many variations, embellishments and deficiencies in every story.”  R. David Luria, “Letter from ha-Gaon ha-Rav RD”L,” in Yeshua Heschel Levin, Aliyot Eliyahu (Vilna, 1857), 4.
[11] Barukh Halevi Epstein, Torah Temimah: Bamidbar 6:33.  
[12] Siddur Aliyot Eliyahu (Machon Ma’dani Asher, 1999); Siddur Ezer Eliyahu (Jerusalem: Kerem Eliyahu, 1998).
[13] Ir Vilna, 35.
[14] See Ir Vilna, 102.
[15] For more on this building and the history of it and the Gaon’s kloyz see Shlomo Zalman Havlin, “ ‘Ha-Kloyz’ shel ha-Gaon me-Vilna Zts”l, Helek shel ‘Pinkas ha-Kloyz,’” in Yeshurun 6 (1999), 678-85; Dan Rabinowitz, The Lost Library:  The Legacy of Vilna’s Strashun Library in the Aftermath of the Holocaust (Waltham:  Brandeis University Press, 2018), 55-58.
[16] See, e.g. Ir Vilna, 32; Keneset Yisrael, 517-18.
[17] Even the siddur that does provide that the Gaon’s custom was to use just one hand there is no mention that the practice was because of potentially violating a biblical commandment. 
[18] Kugel was among the customary foods eaten on Shabbat across Europe.  Herman Pollack, Jewish Folkways in Germanic Lands (1648-1806):  Studies in Aspects of Daily Life (Cambridge:  M.I.T. Press, 1971), 112, 275n39.  
Hasidic thought imbued kugel with special powers and it occupied a lofty place in its rituals. See Allan Nadler, “Holy Kugel:  The Sanctification of Ashkenazic Ethnic Foods in Hasidism,” in Food and Judaism:  A Special Issue of Studies in Jewish Civilization 15 (Lincoln:  University of Nebraska Press, 2005), 193-214 (my thanks to Shaul Stampfer for calling this source to my attention).  See also Joan Nathan, “Kugel Unraveled,” New York Times Sept. 28, 2005, F1.
Kugel was one of the foods that originated in Germany and spread to eastern Europe and both Jews and non-Jews ate it.  See Pollack, Jewish Folkways, 112. Other traditional foods include fish, cholent, tsimes, farfl, kneydlekh, kikhelekh, lokshn and kasha. For fish see Moshe Hallamish, Ha-Kabbalah be-Tefilah be-Halakha, u-be-Minhag (Ramat Gan:  Bar-Ilan University Press, 2000), 486-506; for the others see Pollack, Jewish Folkways, 100-112.
[19] Ben Tzion Alfes, Ma’ashe Alfas:  Tolodah u-Zikhronot (Jerusalem, 1941), 9-10.
[20] Today if one wants to combine the two, there is a recipe for striemel kugel here



Using a Colophon to Find a Shidduch: on Ella the Zetser.

Using a Colophon to Find a Shidduch

by Eli Genauer

There has been much talk lately about the so called Shidduch crisis. Various initiatives have been proposed to address this problem, all of which are well meaning and well thought out. Many might be surprised to learn that an interesting approach was suggested by a 12 year old girl in the town of Frankfurt on Oder way back in 1699. This approach was based on a Pasuk in Yirmiyahu which deals with Messianic times.

We are all familiar with the 31st chapter of Yirmayahu. The first 19 pesukim of this Perek comprise the Haftorah of the second day of Rosh Hashana. The Navi begins, “Koh Amar Hashem, Matzah Chain BaMidbar”. The Haftorah proceeds to lay out a vision of Hashem’s love for the Jewish people and its eventual return to Tziyon, a fitting theme for a day in which we ask Hashem to grant us a good year. The stirring Pasuk of “HaVain Yakir Li Ephraim” concludes the Haftorah, but the Perek continues with Yirmiyahu’s vision of Yemos HaMoshiach.Yirmiyahu speaks of the Jewish people in Galus and after having been there for so long, they return to Hashem. Pasuk 21 states the following:

כא עַד-מָתַי תִּתְחַמָּקִין, הַבַּת הַשּׁוֹבֵבָה: כִּי-בָרָא יְהוָה חֲדָשָׁה בָּאָרֶץ, נְקֵבָה תְּסוֹבֵב גָּבֶר

How long will you hide, O backsliding daughter? For the Lord has created something new on the earth, a woman shall go after a man.

According to the Radak, the Navi is imploring the people to travel on a straight path and to return to Hashem. This will be a time when, as it were, the Bas HaShoveiva, the backsliding daughter, will be the one who seeks out a husband, in this case Hashem. The Navi says that this is something that is radical, but certainly required at that time.

We fast forward a bit to 1696 and we meet an amazing nine year old girl, born in Amsterdam, but now living in Dessau, Germany. Her name is Elle and she is the daughter of a man named Moshe ben Avraham Avinu. Moshe worked for years setting type and printing important Jewish books in various places in northern Europe, the last of which he did under very trying circumstances in Halle.(1) Moshe employed his children to help him in the arduous task of typesetting. We know a bit about his daughter Elle from some crumbs that she left us as she signed her name to the books she helped bring to print. She and her brother worked on setting type of the Siddur Drash Moshe printed in Dessau in 1696. After recording that the book was set to type by Yisroel ben Moshe, someone wrote a poem which tells us that a nine year old girl named Elle (עלה) helped Yisroel in this project:(This scan and those following are all courtesy of the JTS Library)

The Yiddish letters I set with my own hand
I am Elle, the daughter of Moses from Holland
a mere nine years old
the sole girl among six children
So when an error you should find
Remember, this was set by one who is but a child (2)

Did she compose the poem herself, or was it composed by her father or brother? Remarkably, we find another case not soon thereafter, of a nine year old setting type, and there we do know whether he could read or not. Nicholas Basbanes, in his book “A Gentle Madness”, records the following:

“Born in poverty, Isaiah Thomas came to know the touch and smell of ink on paper when he was only a child. Only nine years old in 1758….young Thomas was already completing his apprenticeship in the dingy Boston shop of Zechariah Fowle…When he later became the most successful printer and publisher in the United States-Benjamin Franklin dubbed him the Baskerville of America- Isaiah Thomas enjoyed telling friends that he knew how to set type before he was able to read.”(3)

Whether or not she could read at age nine, we do know that this little girl was able to recognize the Judeo Yiddish letters of a manuscript and set to type similar letters from which to print a book. Perhaps she had the potential to become as successful as Isaiah Thomas but for her gender and religion.

We meet Elle again in 1699, this time as a typesetter working on the famous Berman Shas of Frankfurt on Oder. This printed edition of the Talmud ( 1697-1699) was financed by the wealthy court Jew, Yissachar Berman Segal of Halberstadt who gave away half the 5,000 copies printed to needy scholars throughout Europe.(4)The Berman Shas is one of the most respected early printed editions of the Talmud because it contained many additional commentaries which became standard in following editions. It was the first edition since that of Gershom Soncino in the early 16th century to contain most of the diagrams we are familiar in Seder Zeraim, and Masechtos Eiruvin and Sukah. (5) It was also the first to contain Charamos from various Rabbanim prohibiting others in that general area from printing the Talmud for an extended period of time.(6) The following Cherem, recorded in Maseches Brachos, was written by Rav Dovid Oppenheim who lived at that time in Nikolsburg and later became chief Rabbi of Prague:At the end of Maseches Nidah printed in 1699, Elle signs her work a bit more boldly, and leaves us wondering what was going through her mind when she set the letters for the colophon.

“ By the hand of the faithful typesetter in this holy work, Yisroel the son of Reb Moshe. And by the hand of his maiden sister Elle, daughter of Rav Moshe, in the year “N’Kaivah T’Soivev Gaver” ( “a woman shall go after a man”.)

When you add up the letters which are set in large type, you come up with the year 459 according to the Peret Koton ( the abbreviated era ). This is the year 5459 (1699). What intrigues even the casual observer is why she, or her older brother Yisroel chose to record the year 5459 using that unusual Pasuk? One could argue that the Pasuk is tangentially related to some of the topics covered in Maseches Niddah, but there are many other Pesukim which deal more directly with the subject matter that could have been formatted to equal 459.(7) I think it is more logical to relate the Pasuk to the girl typesetter, who we are informed, is still unmarried. In Messianic times, it will be the Kallah, Am Yisroel, who seeks out its Chasan, Hashem. Perhaps Elle thought her circumstances and position necessitated a similar approach to finding a suitable Chasan. We hear the last from her in the next year having worked on a Machzor with her brother Yisroel.(8) We hope that after that, this extraordinary girl found an appropriate Shidduch. We wish the same for all those seeking the wonderful rewards that marriage has to offer.

(1) Marvin J Heller, “Studies in the Making of the Early Hebrew Book”, Boston 2008 pps. 218-228. The entire chapter on Moses ben Avraham Avinu makes for some fascinating reading. I am indebted, as are we all, to Marvin Heller for his research into this field of study.
(2) Ibid: p.222
(3) Nicholas Basbanes, ‘A Gentle Madness” New York, 1995 pps144-145
(4) R.N.N. Rabinowitz “Ma’amar Al Hadfasas HaTalmud”, A.M. Haberman edition, Mosad HaRav Kook 2006, page 96 footnote 1.
(5) Ibid. p. 98
(6) Ibid p.100
(7) Two examples of a more fitting Pasuk to denote the year of publication for Tractate Niddah are:

“B’Mai Nidah Yischatah” which was used in Frankfurt A/M edition of 1720, and

“V’Safrah Lah Shiva Yomim, V’Achar Ti’Taher” which was used in the Dyhernfurth edition of 1816-21 ( although the highlighted letters actually add up to (5)773)

(8) Heller, page 223




Forgetfulness & Other Human Errors a New Monography by Marc Shapr

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




The “Holy Woman” in Jewish Literature

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

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

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

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

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

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

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

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

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

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

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

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

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

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




Mayim Hayyim, the Baal Shem Tov, and R. Meir the son of R. Jacob Emden

Sources contemporary to the Baal Shem Tov that attest to his deeds, or that even discuss him at all, are sparse. Although some secular sources, including tax records and other documents, have recently been unearthed by academic researchers, there is a paucity of Jewish texts. Most of the “historical” record regarding the Baal Shem Tov comes from a collection of stories, Shivhei Ha-Besht.[1] That work, however, was collected much later and is less reliable than others when assessing the Baal Shem Tov. [2] One important text regarding the Baal Shem Tov, however, appears in the Teshuvot Mayim Hayyim.

Mayim Hayyim was published in Zhitomer by Shapira press. The Shapira press is well-known for publishing hassidic works, and the press was originally in Slavita. As a result of dubious circumstances, the press moved to Zhitomer and in 1857 the Mayim Hayyim was published.[2a] While the publication of that book took place long after the Baal Shem Tov’s death in 1760, Mayim Hayyim consists of responsa both from the time of the Baal Shem Tov and later. Mayim Hayyim mainly consists of the responsa of R. Hayyim HaKohen Rapoport (1772-1839), was published by R. Hayyim’s son, R. Yaakov HaKohen Rapoport. R. Yaakov HaKohen Rapoport included material from other relatives as well (i.e., aside from his father, R. Hayyim). One such responsum is from R. Meir, son of R. Jacob Emden, who we shall return to later.

This undated responsum begins with a technical question regarding a lesion found in the lungs of an animal after shechitah. The slaughterer could not remove the lesion and took it to the local rabbi in Medzhybizh, a Rabbi Falk, who appeared to be unsure of the status of the animal. Based upon the remainder of the responsum, however, R. Falk eventually permitted the animal. It appears that some disagreed with the decision of R. Falk and thus sent the question to R. Meir to see if the local rabbi got it right. In an effort to ensure that R. Meir would get the whole story, it was recorded and signed by R. Mordechai, the ne’eman (literally, the trustee; but in this context, probably the secretary); the following appears after the question:

In our presence, the court signed below, our teacher, the aforementioned Mordecai, related all that is written above as testimony and then wrote all of this in his own handwriting and signed it with his very own signature. Therefore we have confirmed it and substantiated it as proper
Signed Israel BA”Sh [Ba’al Shem] of Tluste [this was the city the Baal Shem Tov lived prior to moving to Medzhybizh]
Signed Moshe Joseph Maggid Mesharim of Medzhybizh [3]

Thus, one of the three signatories was R. Israel Baal Shem Tov. The questioners then continue to flesh out their question as to whether or not Rabbi Falk paskened correctly. As Moshe Rosman notes, this question places the Baal Shem Tov as an important figure within Medzhybizh. That is, the Baal Shem Tov involved himself in this controversy, a controversy that may have resulted in the dismissal of their local rabbi. Furthermore, this episode illustrates how the Baal Shem Tov was important enough to be one of the three persons picked to sign on this letter. As Rosman states: “this incident presents a dimension of the Besht not usually emphasized by the interpreters of the hagiographic stories about him in Shivhei Ha-Beshet. It makes it difficult to portray him – as has often been done – as an unalloyed populist figure, alienated from the rabbinic or political establishment” (118).

Aside from the above value of the letter, there is the additional importance of how R. Meir treated the Baal Shem Tov, thus providing a contemporary account on how others viewed the Baal Shem Tov. Although the letter was from three people, R. Mordechai, R. Moshe Joseph and the Baal Shem Tov, R. Meir in his response only addresses himself to the Baal Shem Tov. Moreover, the honorifics R. Meir uses demonstrates that he surely held the Baal Shem Tov in the highest regard. R. Meir addressed the Baal Shem Tov as:

Champion in Yehuda and Israel! He who succeeds there at the small and the great. He provides balm and medicament to the persons without strength. He is great in Bavel and famous in Teveriah and has prevailed in all things. The great sage, the eminent rabbi, famous for his good name, our teacher Israel, may God protect and bless him. And all of his colleagues, all of them beloved rabbis, the great and eminent sage, our teacher Gershon, may God protect and bless him; and those who I don’t know [by name] I greet; may they all be granted the highest blessing.

As is apparent from the titles provided, “champion in Yehuda and Israel” and with the use of the terms “the great sage, the eminent rabbi” that R. Meir held the Baal Shem Tov in very high regard. Additionally, from both the Baal Shem Tov’s own use of “Baal Shem” to describe himself and R. Meir’s mention that the Baal Shem Tov “provides balm and medicament to persons without strength,” the term “Baal Shem” as used here refers to a medicine man. That is, aside from whatever else the Baal Shem Tov was known for, he was known for being a healer – thus Baal Shem means healer. This understanding is confirmed by tax records that refer to the Baal Shem Tov as a “Doctor.” From all this is should be apparent that the Baal Shem Tov was respected by his peers and was known outside of Medzhybizh while he was there.[4]Teshuvot Mayim Hayyim
There is a question, however, regarding when the foregoing letter was written. Most place it sometime around 1744, but, at the latest, 1747. They do so based on the mention of “our teacher Gershon.” They understand that the Gershon referenced here is Avraham Gershon of Kutower, the Baal Shem Tov’s brother-in-law. As R. Gershon moved to Israel in 1747, and the letter mentions R. Gershon, it must have been while he was still in Medzhybizh.[5] Personally, I think that that conclusion assumes that R. Meir was intimately familiar with R. Gershon’s whereabouts. While there is no doubt that R. Meir heard of R. Gershon, it does not automatically follow that he was informed regarding when R. Gershon moved to Israel. It could very well be the letter was written after R. Gershon left for Israel and R. Meir then merely assumed that R. Gershon was still living in Medzhybizh – it is not as if there was an announcement in the Międzybórz Times or at OnlySimchas.com that R. Gershon had made Aliyah! Either way, this letter was written while the Baal Shem Tov was alive, and provides a virtually unimpeachable source for his participation in the community-at-large and about how others viewed him. I don’t think Rosman is exaggerating when he says that “[t]his responsum, then, would seem to be an excellent starting point for attempting to gauge the Besht’s position in his community and his relationship to the political and religious establishment” (119).

Aside from the above points that can be gleaned from this responsum, R. Shlomo Yosef Zevin, in an article that originally appeared in Sinai and has now been reprinted in the nice, new edition of his le-Ohr Halakhah uses this responsum for a different purpose. R. Zevin wants to disprove the notion that “the Hassidim and their Rebbes don’t care about studying the revealed Torah and thus they did not spend much time on studying talmud and poskim.” R. Zevin notes, as well, that this attitude towards Hassidim was prevalent right from the start of the Hassidic movement. That is, “even today, those who are not hassidim allege that the founder of the Hassidic movement, the Baal Shem Tov, was not a ben torah, heaven forbid.” R. Zevin totally rejects this notion as “false and incorrect.” As proof the Baal Shem Tov was indeed learned R. Zevin cites to the above responsum. R. Zevin explains:

In the Shu”t Mayim Hayyim from R. Hayyim Kohen Rapoport from Austria, printed there is a responsum from Medzhybizh regarding a lesion in the lung, from the Baal Shem Tov to the gaon R. Meir, the son of R. Jacob Emden, who was the chief rabbi in Constantine, and the response from the goan [R. Meir] to him [the Baal Shem Tov]. As is common knowledge, the Baal Shem Tov was not the Rabbi of Medzhybizh, even so the Baal Shem Tov is one of the signatories to the letter, singing it “Yisrael Baal Shem of Tluste” – “and the Maggid Mesharim of Medzhybizh.” [6] The response of R. Meir is a long one. R. Meir was not a hassid. It is important to note the honorifics R. Meir uses at the beginning of his response: “Champion in Yehuda and Israel! He who succeeds there at the small and the great. He provides balm and medicament to the persons without strength. He is great in Bavel and famous in Teveriah and has prevailed in all thins. The great sage, the eminent rabbi, famous for his good name, our teacher Israel, may God protect and bless him. And all of his colleagues, all of them beloved rabbis . . .” And would a goan [R. Meir] who is not a hassid uses such language on someone who is not a godal b’torah?

Therefore, R. Zevin, with this responsum, demonstrates that the notion that the Baal Shem Tov was not learned and not respected is utterly false.

Until now, we have been focusing on the Baal Shem Tov, but there is another important person in this responsum, the author – R. Meir (1717-1795)[7], the first born son of R. Jacob Emden.[8] R. Meir was the rabbi in Constantine in the Ukraine. R. Meir was highly respected in the area, as is demonstrated by this responsum. This is so, as you will recall, in that the purpose of the responsum was to settle a controversy in the town of Medzhybizh – a controversy between the local rabbi and some of the persons in the town. This was a serious controversy — indeed the petitioners describe it as “a fire burning in the community” — and, especially in light of R. Meir’s response, where he notes that the rabbi was wrong and if the rabbi refuses to admit that he is wrong, he is to be dealt with as a zakan maamrei as the rabbi, according to R. Meir, is denying a portion of the torah. This was no small matter. As the three persons picked R. Meir to adjudicate the matter, they must have respected him and thought that his answer, what ever it would be, would settle the issue.

Unfortunately, until now, we only had a tiny amount of written material from R. Meir, the bulk of which appears in Mayim Hayyim. Specifically, of the six extant responsa from R. Meir, four can be found in Mayim Hayyim. Now the reason they are included in Mayim Hayyim is because R. Meir is related to R. Hayyim HaKohen Rapoport.[9] What is shocking is that in his introduction to the Mayim Hayyim, R. Yaakov HaKohen Rapoport, publisher of the Mayim Hayyim, uses his relationship to R. Meir as the sole reason for publishing R. Meir’s responsa. That is, although the Mayim Hayyim was published by the Shapira hassidic publishing house in Zhitomer, and done so in the mid-19th century, R. Yaakov HaKohen Rapoport never mentions that he includes a responsum — the only one of its kind — from the Baal Shem Tov. Instead, the reason for the inclusion of the responsum is R. Meir.

As mentioned previously, today, Shmuel Dovid Friedman has attempted to fill the void of R. Meir’s works in publishing the first volume of R. Meir’s hiddushim. These hiddushim are on Mishnayot Seder Nashim and on the Rambam’s Mishneh Torah. The title of the book is taken from the above responsum. As R. Meir was referred to as “HaMeor HaGodol” thus the title of this new work is HaMeor HaGodol. See Meir Konstantine, HaMeor HaGodol, ed. R. Shmuel Dovid Friedman (Brooklyn, NY, 2007), [30], 352. [6]

While the publication of the Hiddushei Torah of R. Meir is indeed welcome, this particular work is plagued with numerous deficiencies. Firstand foremost is the problem with the manuscript itself. It does not appear that the Meor HaGodol was published from R. Meir’s actual manuscript. Instead, R. Meir’s manuscripts were copied over time by the Bick family and it is from these copies that the Meor HaGodol is comprised. Thus, there is no independent method of verifying that this material actually came from R. Meir. Aside from the manuscript, the introduction is rather bizarre. The introduction includes various stories about R. Meir, most of which focus on his relationship to hassidim. The bulk of the stories are then shown to be false, but only in the footnotes. So, the body of the text are the stories and then a careful reader will see that most of the stories likely never occurred. For instance, there is a story that R. Meir’s daughter — when R. Meir was sick and unbeknownst to him– sent a request to the Baal Shem Tov to ask him to heal R. Meir. The editors of Meor HaGodol, in note 49, then say it is hard to reconcile the story with the facts known about R. Meir. Or, another example is that the introduction includes a story that after R. Meir became a hassid — there is no evidence that he ever did so, but the story assumes so — his father, R. Jacob Emden, disowned R. Meir. Again, the editors, in note 59, state that “there are many difficulties with this story” and then proceed to enumerate them. Why a story for which there is no support would be included to begin with is left unexplained. Perhaps the reason is that the editors are unduly interested in demonstrating that R. Meir was a full hassid (indeed, the main chapter in the introduction is entitled “[R. Meir’s] Connection with the Baal Shem Tov”). It is particularly ironic that they present such shaky evidence in light of the fact the responsum in Mayim Hayyim from R. Meir is the only objective contemporaneous evidence of the Ba’al Shem from a Jewish source.

Moreover, the introduction seems to have missed and, in fact purposely left out, some material. Specifically, in note 3, the editors of HaMeor HaGodol note that R. Jacob Emden at some point added the name Yisrael. In the introduction they then attempt to understand what precipitated this change. They cite the following from R. Jacob Emden’s Hitavkut, (p. 112,a)

מבטן אמי קראני יעקב, אליו פי קראתי ורומם תחת לשוני, והוא יתברך שלחני בשמי קראני, וכעת הראני לקרוא שמי ישראל וכו’, ע”כ


“from birth I was called Yaakov, this is what I was called and my name elevated, and then God sent [a message] to me that I should be called in God’s name, and thus I will now be called Yisrael.”

Although we can see from that quote that R. Emden added his name, the introduction does not tell us exactly why. What is astounding is that the editors ought to know why R. Emden added his name. The reason is because the above quote from Sefer Hitavkut continues beyond the portion quoted and explains that the name Yisrael was added because it was a testament that R. Jacob Emden was correct in his battle with R. Jonathan Eybeschütz. Instead, the editors cut off the quote right before R. Emden explains precisely that. Therefore, I assume that the omission is because they would rather not bring up that R. Emden had a fight with R. Eybeschütz, or that R. Emden viewed himself as having been correct. It is worth noting that the Sefer Hitavkut is not the only place R. Emden offers his victory as the reason for the name change. Rabbi Dr. Jacob J. Schacter, on page 754 (n.11) of his dissertation about Rabbi Jacob Emden (Harvard, 1988), refers to a passage in Mitpachat Sefarim (p. 118 in the Lemberg, 1871 ed. and p. 171 in the most recent 1995 ed. – provided below) where R. Emden says “that after he battled with IS”H [R. J. Eybeschütz] a name was added” — a play on the verse in Genesis 32:24, 28. So it is incorrect to assert, as the editors of HaMeor HaGodol do, that “why and when R. Emden’s name was changed is unclear.” Rabbi Schacter also notes that Emden’s earliest reference “to himself as ‘Yaakov Yisrael’ is in a responsum SY [She’elat Yaavetz] II:24) dated February 22, 1765. In another responsum dated just six days later (SY II:144), Emden was addressed as ‘Yaakov Yisrael.’ For other references to this name, see SY II:25, 71, 72, 73, 112, [and] 146” (p. 754, n.11 – special thanks to Rabbi Schacter for his discussions with Menachem Butler about this aspect about Rabbi Jacob Emden).

Thus, in the editors’ effort to highlight the connection of R. Meir to hassidim, they downplay any opposition R. Meir’s father, R. Jacob Emden, had to hassidism (see n.59). They apparently were unaware (?) that an additional important statement from R. Jacob Emden has recently been published. (see here )

One final note. It is particularly disappointing today to find a sefer that does not contain an index. With technology as it is today, publishers easily should be able to provide a decent index to a book; it is quite surprising, then, that Meor HaGodol, does not contain an index.

Notes
[1] There are other sources as well, including letters. Many of the letters are highly controversial as to their authenticity. See Moshe Rosman, Founder of Hasidism: A Quest for the Historical Ba’al Shem Tov (University of California Press, 1996), 99-113, 119-126; Nahum Karlinsky, Historia SheKeneged (Jerusalem, 1998); and Immanuel Etkes, The Besht: Magician, Mystic and Leader (UPNE/Brandeis University Press, 2005), chapter six, “The Historicity of Shivhei Habesht,” 203-248, among many other sources.
[2] See Rosman, Founder of Hasidism, 143-155 and 162-8 (lending credence to some of the stories in Shivhei Ha-Besht based on governmental records), as well as his earlier article, “The History of a Historical Source: On the Editing of Shivhei Ha-Besht,” Zion 58 (1993): 175-214, and in his recently published monograph, Stories That Changed History: The Unique Career of Shivhei Ha-Besht (=The B.G. Rudolph Lectures in Judaic Studies, new series, 5) (Syracuse University Press, 2007), Rosman notes how through this text of some two hundred stories, one can “explore such themes as the Besht’s miraculous birth and childhood, his initiation into the mystical secrets, his revelations, his prayers, his dreams, his travels, his encounters with noblemen and priests, his contests with doctors, his attraction of various associates, and, most of all, the miracles, large and small, that he performs” (1). Rosman notes, as well, that over the past sixty years alone, “there have been five new Hebrew editions, some printed more than once; one Yiddish and two Hebrew reworkings; a German translation and critical edition, and an English translation printed four times. All this was in addition to various adaptations in fiction and in educational materials used by all types of Jewish schools, from Israeli secular to American Reform and Brooklyn Ultra-Orthodox” (24), and Rosman notes quite humorously how “Shivhei Ha-Besht has been analyzed as inspirational literature, political tract, holy writ, silly stories, historical source, and theological doctrine. It has entertained, inspired, embarrassed, inspired repentance, and formed the basis for doctoral dissertations. For nearly two hundred years it has been read with passion and diligence by people of many approaches and predilections. In search for the wellsprings of modern Jewish culture, it surely represents a unique source” (20).
[2a] For a discussion of the Shapira press see Ch. B. Friedberg, History of Hebrew Typography in Poland (Tel Aviv, 1950), 104-09 (discussing the Slavita period) and 135 (discussing the Shapira press in Zhitomer). For what precipitated the move, see Saul Moiseyevich Ginsburg, The Drama of Slavuta, trans. by Ephraim H. Prombaum (Lanham, Maryland, 1991).
[3] I have essentially used Rosman’s translation of this responsum.
[4] See Rosman, Founder of Hasidism, at 168.
[5] Dinur, B’Mifaneh HaDorot, vol. 1, pp. 205-6, cited in Rosman, Founder of Hasidism, 119 n.29.
[6] This is actually incorrect. The Baal Shem Tov does not sign himself as the Maggid of Medzhybizh, rather the final signatory, R. Moshe Yosef signs himself as the Maggid.
[7] 1795 is the death date given in HaMeor HaGadol, (there are no page numbers provided in the introduction thus I will use the footnote numbers to attempt to give a rough citation) at n.60. The source given is “a letter from R. Mordechai Blechman z”l the chief rabbi of Constantine to R. Hayyim Bick the chief rabbi of Medzhybizh.” The editors of HaMeor HaGodol, however, fail to provide where this source is located, i.e. is it in their possession, is it in some library or perhaps somewhere else. Moreover, they do not provide the context of the letter – was R. Meir’s death date mentioned in passing or was that the focus of the letter. Nor do they mention how R. Blechman knows this date. Did he pull it off of R. Meir’s tombstone or was it simply a legend? This sort of lack of information plagues the entire introduction of the Meor HaGodol.
This same death date, however, is given by Abraham Bick, Rebi Yaakov Emden (Jerusalem, 1974), 17, 182. Bick doesn’t either provide a source for this date. See also id. at 17-8, citing to where R. Jacob Emden and others quote R. Meir. About Bick’s 1974 biography, Schacter writes in his dissertation, that this work “is uncritical, incomplete and simply sloppy. it is barely more useful than an earlier historical novel in yiddish about emden by the general author with the same title published in New York, 1946. In general, all of Bick’s work is shoddy and irresponsible and cannot be taken seriously.” See Jacob J. Schacter, “Rabbi Jacob Emden: Life and Works,” (PhD dissertation, Harvard, 1988), 17.
The editors of HaMeor HaGodol explain that most of the biographical information on R. Meir comes from Kitvei HaGeonim (Pietrokov, 1928), 127-30, n.3. Additionally, R. Meir is mentioned a few times in his father’s autobiography, Megilat Sefer, Kahana ed., (Warsaw, 1896), 104 and 110. R. Jacob Emden mentions that he was unable to attend R. Meir’s wedding in 1732 even as his wife attended, though as Schacter notes in his dissertation, R. Emden had “travel[ed] to Amsterdam during this period” (152, n. 126).
[8] R. Meir was related to R. Rapoport through the marriage of R. Meir’s daughter to R. Hayyim HaKohen Rapoport’s grandson, Dov Bear. See R. Jonathan Eybeschütz, Luchot Edut (Altona, 1755), 62a. Additionally, R. Meir was the brother-in-law of R. Shlomo Chelm, author of the Merkevet HaMishna. One of the responsum in Mayim Hayyim, no. 28, from R. Meir is to R. Shlomo.
[9] In fact, this is the only reason why the responsum that includes the mention of the Ba’al Shem Tov appears in Mayim Hayyim. As mentioned above, when the Mayim Hayyim was published, it was done so not by R. Hayyim HaKohen Rapoport, the author of the bulk of the teshuvot, but instead by his son R. Yaakov. R. Hayyim had died prior to publishing his own works. Thus, R. Yaakov decided to include not only his father’s responsa but those from other relatives, as well. Thus, the Mayim Hayyim contains two title pages. After the first title page, the approbations that R. Hayyim received for his responsa are included (one additional later approbation is included but the main are addressed to R. Hayyim). R. Yaakov then included a second title page after which two additional approbations are included. These approbations were collected by R. Yaakov and mention not only R. Hayyim’s responsa but the inclusion of other luminaries including R. Meir. The second title page is used a division between the two types of approbations, those directed at R. Hayyim and those at the book Mayim Hayyim. It is worthwhile noting that in the electronic editions they have removed the second title page. For instance, www.hebrewbooks.org only includes the first. This is but one example of the need to actually obtain a hard copy of a book and not solely rely on such databases. See Anthony Grafton, “Future Reading, Digitization and its Discontents,” The New Yorker (Nov. 5, 2007) and his New Yorker web-supplement, “Adventures in Wonderland,” for other limitations of digitization.




Marc B. Shapiro – Forgery and the Halakhic Process, part 3

Forgery and the Halakhic Process, part 3
By Marc B. Shapiro

I thought that I had exhausted all I had to say about Rabbi Zvi Benjamin Auerbach’s edition of the Eshkol — see my first two posts at the Seforim blog, here and here [and elaborations] — but thanks to some helpful comments from readers, there is some more material that should be brought to the public’s attention. Even before looking at this, let me express my gratitude to Dan Rabinowitz who sent me this picture of a youthful Auerbach.
In my first post I cited R. Yitzhak Ratsaby as a very rare example of a posek who is aware of the problems with Auerbach’s Eshkol. A scholar who wishes to remain anonymous, and who has helped me a great deal in the past,[1] called my attention to R. Yehiel Avraham Zilber (the son of R. Binyamin Yehoshua Zilber), who is also aware of the Eshkol problem. In his Berur Halakhah, Yoreh Deah (second series), p. 111, he notes that R. Ovadiah Yosef cites Auerbach’s Eshkol in matters of hilkhot niddah. Yet the authentic Eshkol does not have any section for niddah. In fact, as Yaakov Sussman has pointed out,[2] Auerbach’s Eshkol, vol. 1, p. 117, also refers to the Yerushalmi on Niddah. However, this is impossible as neither R. Abraham ben Isaac nor any of the other rishonim had this volume.

Zilber writes that his own approach is not to rely on anything in either Auerbach’s Eshkol or the Nahal Eshkol. In his Berur Halakhah, Orah Hayyim (third series), p. 16, he also states that a certain passage in Auerbach’s Eshkol, Hilkhot Tzitzit cannot be authentic. Before I was alerted to these two sources I had never examined any of Zilber’s volumes (although I have perused the works of his father). Now that I have looked at them I see that they contain a great deal of learning, but my sense is that they are of no significance in the halakhic world, and are rarely quoted.

This doesn’t mean that they are not valuable in and of themselves, but with so many halakhic books being published, only some can make it to the top. The rest, no matter how learned, remain little studied and even less quoted. One must feel bad for authors who put so much effort into producing their works which could be of great use to people, yet at the end of the day do not have any impact.

As Eliezer Brodt has already pointed out, in a previous post at the Seforim blog, with respect to books on hilkhot shemitah, although new volumes continue to appear, it is hard to believe that much of anything original is being added.[3] The same can be said for the laws of Shabbat, where I don’t see how another new book recording the halakhot can possibly have any value as we already have so many fine books in this area. If the author is going to come up with new rulings, then fine, but it is hard to see how the world will benefit from yet another collection of the various melakhot and what is permitted and forbidden.

This doesn’t mean that up-and-coming halakhic scholars have nothing to write about. For example, there is only one book on the halakhic issues involved in sex change operations, so here is an area that cries out for our best and brightest to direct their talents towards.
For those who are writing books that are not given the attention due them, one should not lose hope. Occasionally a book that is ignored in its time comes back in a future generation and assumes great popularity (e.g., the Minhat Hinnukh), while books which were very popular in previous years fall out of style. One example of the latter is the Kitzur Shulhan Arukh. When I was young everyone seemed to study it. It has been reprinted numerous times and also translated into many languages. According to the Encyclopedia Judaica, it went through fourteen editions in the author’s lifetime, which I think is a record for halakhic works. Yet today, I don’t know anyone who uses it as a work of practical halakhah. (Simply writing this ensures that people will e-mail me to point out that there are indeed some who still use it).

Returning to the anonymous scholar mentioned above, he also alerted me to a letter by R. Michael[4] Aryeh Stiegel which appeared in Tzefunot 1 (Tevet, 5749): 108. In this case I had actually seen the letter, as I own the journal and even have my pen mark on this page. But I had forgotten about it, so once again I am in the anonymous scholar’s debt. Before noting what he says, let me repeat what I mentioned in a previous post, namely, that the publication of the fourth volume of the Eshkol is very strange. We are given no information about the manuscript such as where it came from and why no one, including Auerbach’s family, had ever heard of it until it was published.

There is one other point which I neglected to make in my previous post, but it also is relevant. In 1974 Bernard Bergman published an essay on Auerbach in the Joshua Finkel Festschrift (later included as an appendix to vol. 4 of the Eshkol) in which he defended him against Albeck’s attack. At the time of this essay Bergman knew nothing about any unpublished manuscript of Auerbach’s Eshkol. It is very suspicious, to say the least, that Bergman is also the one to publish the newly discovered volume. Are we supposed to assume that it is just coincidence that Bergman, who earlier had published an essay on Auerbach, discovered this manuscript? (Those who are old enough will recall that during these years Bergman had lots of other things on his mind.) Of course, it is possible that some rare book dealer came into possession of the manuscript and knowing Bergman’s interest in Auerbach, sold it to him. In my previous post I stated that despite the problems that can be raised about the new volume, barring any further evidence we should give Bergman the benefit of the doubt.

Yet Stiegel notes something which should force us to reopen the issue. In volume 4, p. 26 n. 24, we find the following in the Nahal Eshkol.

לא ידעתי למה מביא זה, שהרי רבא הקשה אי הכי במקדש היכי תקעינן. אך מצאתי שגם הראב”ן ר”ה מביא דרש זה, ועי’ באבן שלמה על הראב”ן שם אות ד’ שהאריך ליישב קושיה זו.

The problem is that the edition of Ra’avan with R. Solomon Zalman Ehrenreich’s commentary Even Shlomo only appeared in 1926, many years after Auerbach’s death. This sort of anachronism is often what enables scholars to uncover a fraud.

When problems became apparent in Auerbach’s edition, Albeck called for the manuscript to be produced, and this was never done. Here too, I call for the manuscript of volume 4 to be produced, and for the publisher, Machon Harry Fischel, to join in this demand. Only when we can examine the manuscript will we be able to determine what is going on. If the answer given is that the manuscript cannot be located, which was the same answer given one hundred years ago, then the possibility that Eshkol volume 4 is a late twentieth century forgery will have to be seriously considered.

The anonymous scholar also alerted me to R. Hayyim Krauss’ Toharat ha-Shabbat ke-Hilkhatah. Krauss is known for a campaign he mounted in the 1970’s, culminating in the publication of his books Birkhot ha-Hayyim and Mekhalkel Hayim be-Hesed, which were in large part devoted to showing that the proper – and original — pronunciation in the Amidah is morid ha-geshem, not gashem. There is no doubt that Kraus was correct, but I don’t know if his campaign bore any fruit. Certainly in the United States when I was growing up, virtually everyone said gashem since that is what the siddurim had, including Brinbaum. Matters have changed greatly in the last twenty years because of the ArtScroll siddur. This siddur vocalizes – or, to use the word that ArtScroll prefers, “vowelizes” – גשם as geshem. I have previously noted one example where the Artscroll siddur has changed the davening practices of the American Orthodox community[5] and this is another. Had the ArtScroll siddur given gashem as the pronunciation, that’s what we all would be saying now.

Since this blog is devoted to seforim, with a great focus on bibliographical curiosities, let me mention the following: It has been awhile since I’ve seen the literature about geshem vs. gashem, but I remember that the side that supported gashem was able to show that it was not only grammarians who supported this reading, but R. David Lida (c. 1650-1696) Ashkenazi rav of Amsterdam, also attested to it. In fact, he might be the earliest authority to do so. But those who cited Lida didn’t know a couple of things about him. Neither do the people who keep publishing his works. To begin with, Lida was a plagiarizer, and not a very skilled one at that.[6]

People can live with plagiarism, especially as it is not uncommon in haredi “mehkar.”[7] But worse, much worse, is that Lida also appears to have been a Sabbatian. In my Limits of Orthodox Theology, p. 42 n. 21, I called attention to something similar. The Yemenite kabbalists who attacked R. Yihye Kafih made use of, and defended, a Sabbatian work written by Nehemiah Hayon. It was only after R. Kook pointed out the true nature of Hayon’s work that they excised this defense. As I commented in my book, this shows the elasticity of apologetics, in that if one beleves a work is “kosher,” he will devote great efforts to defending it, but after learning that the author is a Sabbatian the defense is immediately dropped. We must ask, however, why were the ideas in this work acceptable before the author’s biography was known?

Returning to Krauss’ Toharat ha-Shabbat ke-Hilkhatah, in volume 1 of this work he cites Auerbach’s Eshkol. In volume 2, p. 450, Krauss publishes a letter he received from R. David Zvi Hillman. Hillman, in addition to being an outstanding talmid hakham, also has a real historical sense and many years ago edited Iggerot ha-Tanya u-Venei Doro (Jerusalem, 1953). In more recent years he published an interesting, though wrong-headed, article arguing that Meiri’s views of anti-Gentile halakhot are not to be taken seriously but were written due to fear of the censor (which was a concern even in pre-printing days).[8] He has also been involved with the Frankel edition of the Rambam, most recently editing Sefer ha-Mitzvot. Despite its problems, the Frankel edition of the Mishneh Torah is now the standard edition for both yeshivot and the academic world.[9]

As everyone knows, the Frankel edition has been attacked for systematically ignoring the writings of some prominent non-haredi gedolim. For example, there are no references to R. Kook, even though he wrote a commentary on the Rambam’s shemitah laws, which will be mentioned in an upcoming post at the Seforim blog. (He is cited the ArtScroll Mishnah volume on Shevi’it.) It was because of this affront that R. Kook’s followers have put out a separate index of commentaries on the Mishneh Torah, which is now available online. See here.

A particularly harsh criticism of the Frankel edition, which appeared as an “open letter,” is found here:
Hillman chose to answer this critique. He briefly mentions the issue of R. Kook, but has a lot to say about R. Kafih, and his critique of the latter is incredibly sharp. Here is his letter:

Even if one doesn’t agree with him, it should be obvious to all that Hillman has a much broader knowledge than the typical talmid hakham. It therefore should not be surprising that he was critical of Krauss for including Auerbach’s Eshkol. In fact, Krauss does not even print Hillman’s entire letter, but cuts out a section that no doubt would have been seen as disrespectful to Auerbach. Thus, Hillman writes:

ומ”ש באשכול ליתי’ באשכול (הוצ’ אלבעק) אלא . . .
Krauss inserted the three dots since Hillman’s original letter must have continued by referring to Auerbach’s edition. Similarly, a few lines later Hillman writes

(. . . ובנד”ד יש לנו לזה ראיה נוספת ממה שלא הוזכרה שזה דעת האשכול בספר המאירי שהיה הצאצאיו ושמעתתי’ בפומיה תדיר בכינוי גדולי קדמונינו) ואף את”ל . . . ומבעל האשכול יצאו הדברים מ”מ הלכה כהרשב”א דבתראה הוי.

The second ellipsis was inserted by Krauss. In his letter Hillman must have written, “Even if you want to say that Auerbach didn’t forge this section, and it really was stated by the Eshkol.” Yet Krauss didn’t want anything negative about Auerbach to appear in print, so he cut it out. Hillman also calls attention to the comments of R. Hayyim Eleazar Shapira in the introduction to his Darkhei Teshuvah on hilkhot mikvaot. Here Shapira notes that the Maharsham cited Auerbach’s Eshkol, and this once again raises the problem I have earlier discussed, namely, what to do with pesakim that rely on forged texts? (This is not such a problem in hilkhot mikvaot, as Shapira notes that most of what is quoted from Auerbach’s Eshkol is le-humra).

Shapira states that he is not prepared to decide the matter of the authenticity of Auerbach’s Eshkol, yet according to Hillman נראה מכתלי דבריו שדעתו נוטה לצד המערערים על אמיתותו. It is obvious that the reason Shapira does not definitively decide the matter is because of his feeling of respect for Auerbach as a great talmid hakham. The notion that such an outstanding Torah scholar, one of the German rabbinic elite, could perpetrate such a fraud is difficult for people to accept. Yet Shapira is also surprised that the Maharsham cites Auerbach’s Eshkol entirely oblivious to the problems with this edition.

I don’t see this as unusual at all. Shapira was an incredibly learned man, with knowledge of all sorts of things, but the Maharsham was an ish halakah whose life was spent in Shas and Poskim. Similarly, although R. Moshe Feinstein quotes Auerbach’s Eshkol, I would assume that he too had never heard of the controversy, as it is not something that penetrated the walls of the traditional Lithuanian Beit Midrash (at least not until so many bachurim began reading the Seforim blog!). Shapira writes:

ולא באתי להכריע, יען כי כם כבוד הה”ג ז”ל בעל נחל אשכול המו”ל (ואשר האריך לבאר כשיטתו במבואו והקדמתו) לא נקל בעיני . . . (ולא ידעתי מה הי’ לו להג’ מהרש”ם ז”ל וכי לא ראה או לא ידע, מ”ש וערערו על ככה והביא כמעט כל דברי ס’ האשכול כאלו הי’ ברור ומקובל אצלו הללמ”ס שזהוא להראב”ד בלי ספק ופקפוק לעולם).

In his reply to Hillman, Krauss states that he was indeed aware of the problems with Auerbach’s Eshkol, and even referred to Shapira’s introduction, but he did not want to elaborate (and indeed, he never quotes what Shapira says, but only tells the reader to examine it). I think that many people in the traditional world who know about the issue have this problem as well. They are between a rock and a hard place. If they say nothing, then a forgery is allowed to remain part of the Torah world. Yet if they write against it, they must take on someone who in his lifetime was recognized as one of the gedolim of Germany. Like all gedolim, he was also regarded as a great tzaddik.

Krauss does allow himself to say the following:

ובזה צע”ג על שו”ת שבט הלוי ח”א סי’ כ”ד – ועוד כמה מאחרוני הזמן – אשר לא שת לבו לדברים אלו ודורש דברי האשכול כמין חומר.

Prof. Yaakov Spiegel has also called my attention to his article in the latest Sidra[10] focusing on the various terms used for describing the blessing of the new moon. It so happens that in medieval times the term kiddush levanah was not found in either the Sephardic world or among Provencal scholars. Yet as Spiegel notes, this expression is found in Auerbach’s Eshkol, in a section that is missing from Albeck’s edition. This is another proof (if any was needed) that Auerbach’s edition is a forgery.[11]

The Auerbach forgery relates to another issue, that of rabbis lying and making things up for what they view as good reasons (which ties into my current project on censorship). Let me offer one example of this, but first I must give some background. If there is one thing Orthodox Jews know it is that sturgeon is a non-kosher fish. Yet as with so much else that people know, this is not exactly correct. While our practice today is not to eat sturgeon, no less a figure than the great R. Yehezkel Landau, the Noda bi-Yehudah, permitted it.[12] This decision led to enormous controversy as many of the greatest rabbis of Europe lined up in opposition.

Rabbi Aaron Chorin, at this time rav of Arad, Hungary, was a student of R. Yehezkel and he took up the cause of kosher sturgeon, publishing the volume Imrei Noam (Prague 1798) in support of his teacher’s view. At this time he had not yet crossed over to the dark side where he would, in the Hatam Sofer’s words, become known as אחר, an abbreviation of the way Chorin signed his name: Aron Choriner Rabbiner (see Teshuvot Hatam Sofer, 6:96). R. Isaac Grishaber, the rav of Paks, took up the battle against Chorin and published the volume Makel Noam (Vienna 1799). Here is the title page of the book:
Chorin responded with another book on the subject, Shiryon Kaskasim (Prague, 1800).

Grishaber was a fairly well known rabbi, and in recent years Torah journals have begun to print his unpublished writings. The problem that Grishaber was up against was that even with the many rabbis who wrote haskamot for his book, the great R. Yehezkel Landau had ruled differently. How could he destroy Chorin’s argument, convince the people that he was right, and most importantly, spare Jews from eating non-kosher when the recently deceased gadol ha-dor stood in his way?

Even before Chorin published his book, Grishaber had been on a crusade to have sturgeon declared as non-kosher. As part of this battle Grishaber took a fateful step which I have no doubt was done le-shem shamayim, but which from our perspective must be regarded as reprehensible.

In his effort to stop the eating of sturgeon, which he firmly believed was a terrible sin, Grishaber declared that R. Yehezkel sent him a letter retracting his decision and asking him to forward this letter to the rabbi of Temesvar, to whom he originally gave his lenient opinion. Grishaber states that the original letter of R. Yehezkel, which he received and sent on to the other rabbi, was lost in the mail.[13] He also writes that he misplaced the copy he made of R. Yehezkel’s original letter to him. This is all very fishy. Not surprisingly, R. Yehezkel’s son, R. Samuel, and R. Yehezkel’s leading student, R. Eleazar Fleckeles, rejected Grishaber’s testimony. They declared that he never received such a letter. In other words, he was lying when he stated that the Noda bi-Yehudah had retracted his opinion.

These are strong words, but it is hard to read what R. Samuel and R. Fleckeles write and still have any doubts that Grishaber was engaging in a fraud – although as R. Samuel states, Grishaber no doubt believed that in the effort to stop people from eating non-kosher even this was permissible. Here are some of R. Samuel’s words (Noda bi-Yehudah, Yoreh Deah, tinyana, no. 29), which are very interesting in that he keeps the standard respectful phrases at the same time that he is telling Grishaber that he is a liar.

ימחול לי מעלתו שדבר זה הוא שקר מוחלט . . .ופשיטא שאין מעלתו נאמן בזה מאחר שאין בידו גוף האגרת ומרחיק עדותו לומר ששלחו להרב מטו”ו ונאבד . . . כל זה הוא למופת שכבוד מעלתו שקר ענה בשם אאמ”ו הגאון ז”ל. לכן טוב ויפה שכבוד מעלתו ישתוק מזה ומצוה שלא לאמר דבר שאינו נשמע ושאין להאמין, ודבר פשוט הוא שאין מעלתו נאמן לאסור . . . ואני דן את מעלתו לכף זכות שכוונתו בזה לש”ש אחר שלפי טעותו שבעיניו נראה הדג זה לאיסור ויודע בעצמו שלא יהיה דבריו נשמעין נגד פסק של אאמ”ו הגאון ז”ל לכך התחכם לומר שאאמ”ו הדר ביה.

Grishaber also had to deal with the fact that in Turkey the Jews ate sturgeon. To this he replied that one could not rely on the Turkish Jews since many of them were still followers of Shabbetai Zvi. R. Samuel had no patience for this nonsensical assertion.

לא אשיב על זה כי סתם ישראל בחזקת כשרות ולמה זה יוציא דילטורין על ישראל לומר כל מי שאוכל דבר הנראה למעלתו לאיסור הוא מודח מעדת ישראל. ולמה לא מיחו בהם הרבנים שם שהם גדולי ישראל. אין זה כי אם רוח יתירא.
In a second letter to Grishaber (ibid., no. 30), R. Samuel shows that his patience is at an end:

ואני מזהירו שלא ילמד לשונו שקר ומרה תהי’ באחרונה אם יתגלה קלונו ברבים.
Yet interestingly enough, in keeping with the rabbinic tradition of respectful writing he ends his second letter with כ”ד אוהבו.

Fleckeles also speaks harshly (Teshuvah me-Ahavah, vol. 2, Yoreh Deah no. 329), and this comes after beginning his letter with all the customary rabbinic introductory words of praise.

עמו הסליחה לישנא דחוצפות היא זו נגד רבן של ישראל ובדבר שכבר הורה זקן וחלה הוראתו קרוב לעשרי’ שנה . . . ומה שהעיר שרבינו הגדול נ”ע כתב אליו שחוזר מהוראה זו ובקש ממנו להודיע הדבר להרב דק”ק טעמישוואר והמכתב ההוא נאבד ממנו ומכל אדם שארי לי’ מארי מדבר שקר תרחק כתיב ומוציא לעז על אותו צדיק יסוד עולם איך יכתוב אליו שהוא בריחוק מקום ולא יכתוב באתרא דאוכלין אותו הדג על פיו ועוד אלמלא נגנז ספרי יחזקאל הי’ יכול לומר מה שלבו חפץ אבל ספריו כאן וקבע הדברים להלכה ולמעשה מיד ולדורות.

Although there were some who supported R. Yehezkel, this remained a minority opinion. By now no one is in dispute about this matter. Yet I wonder if any readers recall eating sturgeon in the United States. I ask because there was a time when sturgeon was regarded as kosher in this country. Here is a page from the list of kosher fish published by Agudas ha-Rabbonim in Ha-Pardes, April 1933. This advertisement for delicious sturgeon appeared in subsequent issues of Ha-Pardes.

Note that swordfish is also on the list, proof that Orthodox Jews ate this as well. I won’t say much more about this since I know that Dr. Ari Zivotofsky has a lengthy article on the topic about to appear in the Israeli-journal BDD (Bekhol Derakhekha Daehu). Let me just mention the following two points, if only to disabuse people of the notion that it was only the Conservatives who permitted swordfish.

1. The Chief Rabbinate of Israel declared swordfish to be kosher, and in a 1960 responsum R. Isser Yehudah Unterman defended this ruling. In response to R. Moshe Tendler’s objection, Unterman reaffirmed its kosher status.[14] It is likely that the widespread assumption that swordfish is not kosher can be traced to Tendler’s successful efforts in this regard. Today, who even remembers the that swordfish used to be kosher?

2. There was a great rav in Boston named Mordechai Savitsky. To a certain extent he was an adversary of the Rav and was one those tragic figures in American Orthodoxy. His Torah knowledge was the equal of any of the outstanding Roshei Yeshiva who became so popular, but he was never able to find his place. He publicly declared – and in his Shabbat ha-Gadol derashah no less – that swordfish is kosher.

These two points are enough to show that the issue of swordfish is anything but settled, and is certainly not an Orthodox-Conservative issue. Zivotofsky’s article will be quite illuminating in this regard.

Notes:
[1] See The Limits of Orthodox Theology, Preface.
[2] Mehkerei Talmud 2 (1993), 255 n. 196.
[3]”R. Yaakov Lipshitz and Heter Mechirah,” the Seforim blog (October 11, 2007), available here.
[4] In an effort to keep far away from non-Jewish names, many people who are named מיכאל spell it as Michoel. I have even seen Mecheol. Certainly, no one today in the haredi world who has the name משה would write his English name as Moses, as is found on R. Moshe Feinstein’s stationery.
[5] See here at note 8.
[6] See Bazalel Naor, Post-Sabbatian Sabbatianism: Study of an Underground Messianic Movement (Spring Valley, 1999), 38; Marvin Heller, “David ben Aryeh Leib of Lida and his Migdal David: Accusations of Plagiarism in Eighteenth Century Amsterdam,” Shofar 19 (Winter 2001): 117-128.
[7] Yet can they live with a well-known contemporary rabbi who not only falsified a book he worked on, but has ignored a series of summons to a beit din? See here (and here) for more. Since the censorship and forgery he engaged in are directed against Chabad, it is possible that in his mind he has done no wrong. He probably also assumes that a Chabad beit din is not valid, and therefore he can ignore it.
[8] “Leshonot ha-Meiri she-Nikhtevu li-Teshuvat ha-Minim,” Tzefunot 1 (5749): 65-72.
[9] In my forthcoming book, Studies in Maimonides and His Interpreters (University of Scranton, 2008), I give examples of some of the problems. The book should appear in another few months.
[10] “Le-Mashmaut ha-Bituyim: Kiddush Hodesh, Birkat Levanah, Kiddush Levanah,” Sidra 22 (2007): 185-200.
[11] For other forgeries in Auerbach’s Eshkol, see Louis Ginzberg, Perushim ve-Hiddushim Birushalmi, vol. 1, Introduction, p. 84, and vol. 4, p. 6. I owe these references to the anonymous scholar.
[12] Noda bi-Yehudah, Yoreh Deah, tinyana, no. 28.
[13] See Yisrael Natan Heschel, “Mismakhim Nosafim le-Folmos Dag ha-Stirel bi-Shenat 5558,” Beit Aharon ve-Yisrael (Sivan-Tamuz 5755): 109.
[14] See Shevet mi-Yehudah, vol. 2, Yoreh Deah no. 5.