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

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

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

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

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

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

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

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

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

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

Hagahot notes the appearance of a new study by two Tel Aviv University scholars, Arye Edrei and Doron Mendels, “A Split Jewish Diaspora: Its Dramatic Consequences,” Journal for the Study of the Pseudepigrapha 16:2 (2007): 91-137, wherein the authors demonstrate

that the Jewish diaspora in Europe basically disappeared after the destruction of the Second Temple. Probably, they felt cut off from the spiritual center in Jerusalem, and eventually melded into their host culture.

This is very significant for medieval Jewish history, especially those interested in the roots of Ashkenazic halakhah. The Jewish settlement along the Rhine identified itself as being rooted in Northern Italy, and when it first surfaces in literary form, the Ashkenazic halakhah is already a hoary tradition. On the other hand, while we have extensive epigraphical remains from the Jews of Roman Italy, they don’t reflect what we know about rabbinic Judaism. So this theory suggests that there was a break between Roman Italy and early medieval Italy, with the later Jewish population coming from a totally different, more rabbinic culture.

For those interested, the abstract of this article reads:

This article proposes that a language divide and two systems of communication have brought to a serious gap between the western Jewish Diaspora and the eastern one. Thus the western Greek-speaking Jews lost touch with the Halakhah and the Rabbis, a condition that had far-reaching consequences on Jewish history thereafter. The Rabbis paid a high price for keeping their Halakhah in oral form, losing in consequence half of their constituency. An oral law did not develop in the western diaspora, whereas the existing eastern one was not translated into Greek. Hence it is not surprising that western Jews contributed nothing to the development of the oral law in the east. The Jewish communities that were isolated from the Rabbinic network served as a receptive basis for the development of an alternative Christian network by Paul and the apostles, which enabled it to spread throughout the Mediterranean basin. The Jews that remained ‘biblical’ surfaced in Europe in the Middle Ages.

What follows is a short essay by Prof. Shnayer Leiman, whose article on this topic, “The Adventure of the Maharal of Prague in London: R. Yudl Rosenberg and the Golem of Prague,” appeared in Tradition 36:1 (2002): 26-58 [PDF].

I. In March 2006, Dei’ah VeDibur, a Charedi internet newsletter, published an essay on the Maharal and the Golem. Its conclusion was that “it is unclear whether or not the Maharal ever made a golem.”[1]

At the time, I responded on the internet with a congratulatory note praising Dei’ah VeDibur for its sober assessment of the evidence, and for its readiness to admit that it may be that the Maharal did not create a Golem.[2]

Shortly thereafter I received what appeared to be an angry email note from a distinguished academician at the Hebrew University in Jerusalem. It read

“You still haven’t responded to the evidence that a talmid of the Maharal is known to have created a Golem and that this factoid is documented.”

Since I had never claimed that a disciple of the Maharal either did or did not create a Golem, it was unclear to me why I had to respond to such a claim. Nonetheless, I knew precisely what my academic colleague had in mind. The author of the Dei’ah VeDibur essay mentioned in passing that the story connecting the Maharal to the making of a Golem was ”invented at some stage or, alternatively , it was mistakenly attributed to the Maharal while in fact it was his talmid HaRav Eliyahu Baal Shem of Chelm who made a golem (though the Maharal might have played a part).”[3]

Alas, we know precious little about R. Eliyahu (b. R. Aharon Yehudah) Ba’al Shem of Chelm (16th century).[4] In 1564, he joined a coalition of distinguished rabbis including R. Solomon Luria (the Maharshal, d. 1574) — that permitted an agunah to remarry.[5] Most importantly, he was an ancestor of R. Yaakov Emden (d.1776), who preserved the following tradition about him:[6]

As an aside, I’ll mention here what I heard from my father’s holy mouth regarding the Golem created by his ancestor, the Gaon R. Eliyahu Ba’al Shem of blessed memory. When the Gaon saw that the Golem was growing larger and larger, he feared that the Golem would destroy the universe. He then removed the Holy Name that was embedded on his forehead, thus causing him to disintegrate and return to dust. Nonetheless, while he was engaged in extracting the Holy Name from him, the Golem injured him, scarring him on the face.

Thus, there clearly existed a 16th century rabbi by the name of R. Eliyahu Ba’al Shem of Chelm (contemporary sources prove this), and the creation of a Golem was ascribed to him (so according to 17th and 18th century sources).[7] Not a word is mentioned about his being a disciple of the Maharal.

So I sent off a note to my academic colleague in Jerusalem. It read in part:

“There is no evidence that any talmid of the Maharal created a Golem. You write: “this factoid is documented.” Let me assure you that no such “factoid” is documented. The claim has been made – I am well aware of that, but the claim is based on a misreading of texts that I plan to expose in a footnote or essay in a future publication.”

The remainder of this essay is devoted to fulfilling the promise I made to my academic colleague in Jerusalem.

II. The claim that a disciple of the Maharal created a Golem appears most prominently in an essay published by a close friend — and scholarly colleague – of mine, Dr. Shlomo Sprecher, in the Torah periodical Yeshurun. [8] I am certain he will forgive me for correcting him, if I am right. And if I am wrong, I urge him to correct my error publicly, thereby advancing discussion, and pray that he forgives my indiscretion.

The ישורון essay reads in part:[9]

“Regarding R. Eliyahu of Chelm, we know that he studied Torah under the Maharal and that he was a colleague of the Rabbi, author of the Tosafot Yom Tov…. The “true” Golem — according to a reconstruction based upon trustworthy sources — was the creation of R. Eliyahu Ba’al Shem, Chief Rabbi of Chelm, who was a disciple of the Maharal (as mentioned earlier). For whatever reason, the Master and the disciple were confused, with the resulting confusion [as to who created the Golem.]”

In fact, R. Eliyahu of Chelm was neither a student of the Maharal nor a colleague of the Tosafot Yom Tov. Sprecher can hardly be faulted; he was misled by the source he quotes, namely R. Menahem Mendel Krengil (d. 1930) in his commentary to R. Hayyim Yosef David Azulai’s Shem Ha-Gedolim.[10] In turn, Krengil was misled by the source he quotes, R. Yitzhok Shlomo of Ozorkov’s introduction to Mikhlol Yofi (Warsaw, 1883).[11] In turn, R. Yitzhok Shlomo was misled by the source he quotes, R. Yehiel Heilprin’s (d. 1746), Seder Ha-Dorot.[12] In common, all these sources – and others not mentioned here – confused two different rabbis with the same name and cognomen, Eliyahu Ba’al Shem, and compressed them into one person. Despite the best efforts of nineteenth and twentieth century Jewish historians to expose this error,[13] shabashta keyvan d’al ‘al.

The above-mentioned R. Eliyahu Ba’al Shem of Chelm, the ancestor of R. Jacob Emden, may have created a Golem. But he was not a disciple of the Maharal, and he was not a colleague of the Tosafot Yom Tov, and — so far as anyone knows – he never set foot in Prague. Yet another R. Eliyahu Ba’al Shem was R. Eliyahu (b. R. Moshe) Loanz (1564-1636) of Worms.[14] Distinguished kabbalist and author, he was a disciple of the Maharal[15] and a colleague of the Tosafot Yom Tov, but no one ever suggested that he created a Golem! This is not even a case of the proverbial “two Yosef b. Shimons.” For R. Eliyahu Ba’al Shem of Chelm’s father’s name was R. Aharon Yehudah, whereas R. Eliyahu Ba’al Shem of Worms’ father’s name was R. Moshe.[16] Moreover, each was buried in the city where he served as Rabbi. Pilgrimages to the grave of R. Eliyahu Ba’al Shem of Chelm — in Chelm –were commonplace until World War II.[17] The tombstone inscription on the grave of R. Eliyahu Ba’al Shem of Worms – in Worms – was published in the nineteenth century.[18]

Other famous disciples of the Maharal include his son, R. Bezalel; his son-in-law, R. Yitzhok b. R. Shimshon; R. Yom Tov Lipmann Heller, author of Tosafot Yom Tov; and R. David Ganz, author of Tzemah David.[19] No source prior to the twentieth century ever imagined that these — or any other – disciples of the Maharal were involved in creating a Golem. In sum, until new evidence is forthcoming, the answer to the question raised in the title of this note appears to be: “No.”

Notes:

[1] B.Y. Rabinowitz, “The Golem of Prague – Fact or Fiction?” Dei’ah VeDibur, March 1, 2006.

[2] Posting on Mail-Jewish, March 6, 2006.

[3] See note 1.

[4] In general, see J. Günzig, Die Wundermänner in jüdischen Volk, Antwerpen, 1921, pp. 24-26; A. Brik, “רבי אליהו בעל שם זצ”ל מחעלם,” Moriah 7 (1977), n. 6-7, 79-85; and M.D. Tzitzik, “מהר”ר אליהו בעל שם מחעלם,” Yeshurun 17 (2006), 644-667.

שו”ת ב”ח החדשות, ס’ ע”ז [5]

[6]

שו”ת שאילת יעב”ץ, ח”ב, ס’ פ”ב. Cf. his בירת מגדל עוז, Altona, 1748, p. 259a; מטפחת ספרים, Altona, 1768, p. 45a; and מגילת ספר, ed. Kahana, Warsaw, 1896, p. 4. See also שו”ת חכם צבי, ס’ צ”ג, and the references cited in שו”ת חכם צבי עם ליקוטי הערות, Jerusalem, 1998, vol. 1, p. 421 and in the periodical כפר חב”ד, number 351 (1988), p. 51.

[7] See the sources cited by M. Idel, גולם, Tel Aviv, 1996, pp. 181-184 (English edition: Golem, Albany, 1990, pp. 207-212).

[8] S. Sprecher, בסתר בצל’:קווים לדמותו הסמויה של הג”ר בצלאל בנו יחידו של המהר”למפראג זצ”ל in Yeshurun 2 (1997), 623-634.

[9] See the text on p. 629; and the end of note 24 on p. 632.

[10] R. Menahem Mendel Krengil, ed., שם הגדולים השלם, Podgorze, 1905, vol. 1, p. 11b, n. 85. Cf. Krengil’s remarks at p. 12a, n. 90, and at p.117a, n. 12.

[11] R. Eliyahu Loanz, מכלול יופי, Warsaw, 1883, introduction. R. Yitzhok Shlomo of Ozorkov (near Lodz), who wrote the introduction, arranged for this reissue of R. Eliyahu Loanz’ commentary on Koheleth. The introduction is particularly confused and misleading.

[12] סדר הדורות , Karlsruhe, 1769, p. 64a. Cf. סדר הדורות השלם, Jerusalem, 1985, part 1, p.248. The passage reads:

[13] See, e.g., H.N. Dembitzer, כלילת יופי , Cracow, 1888, part 1, pp. 78b-79a; H. Michael, אור החיים , Frankfurt, 1891, pp. 170-171; and E.L. Gartenhaus, אשל הגדולים, Brooklyn, 1958, pp. 92-94.

[14] See J. Günzig, op. cit. (above, note 4), pp. 37-39; N.Y. Ha-Kohen, אוצר הגדולים, Haifa, 1966, vol. 2, p. 184; and the entry in Encyclopaedia Judaica, Jerusalem, 1971, vol. 11, column 420.

[15] See R. Barukh b. R. David of Gniezno, גדולת מרדכי, Hanau, 1615, letters of approbation (reissued: Jerusalem, 1991, p. 3). R. Eliyahu Loanz, in his letter of approbation to this volume, writes:

“ והנה ידוע שמ”ו ה”ה הגאון מהר”ר ליווא מפראג היתה תורתו אומנותו מיום הכיר את בוראו.”

For legendary accounts of R. Eliyahu Loanz and his meetings with the Maharal of Prague and the author of the Tosafot Yom Tov, see R. Moshe Hillel, בעלי שם, Jerusalem, 1993, pp. 10-87.

[16] Already noted by A. Brik (above, note 4), p. 81.

[17] A. Brik (above, note 4), p. 85. Cf. J. Günzig, op. cit., p. 26.

[18] L. Lewysohn, נפשות צדיקים, Frankfurt, 1855, p. 59-60. Cf. E.M. Pinner, כתבי יד, Berlin, 1861, p. 166 and notes.

[19] See A. Gottesdiener, המהר”ל מפראג, Jerusalem, 1976, pp. 88-97.

Vilna being one of the most important cities in Jewish history has a fair amount written about it. One of the classic works discussing the history and persons of Vilna is that of Hillel Noach Magid Steinschneider‘s Ir Vilna. This book was originally published in 1900 by the Romm press. This was only the first volume and Steinschneider envisioned publishing a second volume in short time, however, due to financial constraints he was unable to do so. Steinschneider did was not a historian by profession and instead was employed as a stone etcher for burial monuments – hence his surname Steinschneider which means “stone cutter.” [1] Although he was not a professional historian, his work on Vilna was universally recognized. He not only write this book on Vilna but was also intimately involved with Shmuel Yosef Fuenn’s work on Vilna – Kiryah Ne’emana. Steinschneider gave Fuenn material and eventually, in the second edition, wrote extensive notes. [2]

As for Steinschneider’s own work, it was not until 2003 Magnes published the second volume of this work (and included a nice introduction both about Steinschnider and his work). In part, the reason Steinschneider was unable to publish the second volume, was because people were hesitant to purchase just one volume of a multi-volume work. I have heard people make the same comment about the second volume, namely, they don’t only want the second of two volumes. But, now this has been remedied as someone has republished the first so both are now in print. (Both are available at Biegeleisen of Boro Park 718-436-1165.)

Aside from the importance of this work for the history of Vilna, there is also something curious in this addition – the publishers introduction. Steinschneider included information about all the important (and lesser important) people in Vilna. In doing so, he includes information [3] which from an Orthodox perspective some would find objectionable. Rather than censor this material out or not reprint this at all, the editors deal with this up front. In the introduction they note that Steinschnider was a maskil and that his writing was influenced by the haskalah. They also note that he included people who others found objectionable. For instance they state that Steinschneider discusses the poet “Abraham Dov Lebensohn (Adam HaKohen)” of whom the Hafetz Hayyim would add ימ”ש (may his name be erased).

But, at the end, the publishers explain they decided that even though there was “פסולת” (lit. chaff) the good content outweighed the bad and therefore they have decided to republish this book.

Of course, this is stark contrast to numerous contemporary instances of either removal of the פסולת or not reprinting books that contain any פסולת at all.

Notes:
[1] See Ir Vilna vol. 2 p. 1.
[2] Id. at 4-7 for how extensive Steinschneider’s involvement was.
[3] Although it is the second volume which is more or less dedicated to biographies and history of maskilim the first volume also contains some of that information as well.

Uncensored Books
Marc B. Shapiro

Dan Rabinowitz has provided many examples of censorship in seforim (examples which I look forward to using – with acknowledgment of course – in my own forthcoming book on the subject). What I would like to call attention to are two examples where the publishers would have certainly censored these texts had they known who was being discussed. Presumably, what I mention now has already been pointed out to them and will be excised if the books are reprinted.

1. In the recently published volume of R. Eliyahu Dessler’s letters (Bnei Brak, 2004), p. 166, there is a 1942 letter to Dr. Dov Hyman discussing the Gateshead Kollel. After mentioning how the kollel includes the best young bochurim in England, those who studied in the great yeshivot in Eastern Europe, he writes:

This passage is referring to none other than the late Rabbi Louis Jacobs — then referred to as Leibl — who was born in Manchester in 1920. In Jacob’s autobiography, Helping with Inquiries (London, 1989), pp. 42, 54, 59 he writes:

When I joined the Kolel, soon after its inception, the other members had all studied at one or other of the famous Lithuanian Yeshivot – Telz, Mir, Slabodka, Kamenitz, Baranowitz, Grodno, and Radin – before coming to England, with the exception of a fiery young Hungarian, Zusya Waltner. . . . As the “babe” of the Kolel (I was only twenty years of age, while some of my colleagues were several years older) and as one who had only studied in a Lithuanian Yeshivah in spirit (I was, so to speak, an honorary Telzer) I was welcomed very good-heartedly by the other members, but with an amused tolerance. . . . Before leaving my account of the Gatesehad Kolel, I feel it would be incomplete unless I said something more about Rabbi Dessler, one of the most remarkable men I have ever met. . . . .I cannot and do not want to forget what I owe to Rabbi Dessler. Although I was never officially his pupil, he was, in many respects, my teacher par excellence. He taught me and so many others to see Judaism in sophisticated terms. He was a great man whose place among the Gedoley Yisrael of the twentieth century remains uncontested.

2. Recently many books by the Gaon R. Eliyahu Rabinowitz-Teomim (the Aderet) have appeared, by publishers with very different hashkafot. The volume of teshuvot, Ma’aneh Eliyahu, was published by Yeshivat Or Etzion in Israel, whose Rosh Yeshivah is R. Hayyim Druckman. It is obvious that the editors have no knowledge of American Jewish history, otherwise, the words I quote (from p. 352) would never have been allowed to appear. The editors no doubt assumed that the Aderet was attacking some phony. The name Jacob Joseph means nothing to them.

 

וידענו היטב היטב את האיש ואת שיחו תהלוכותיו ותחבולותיו מתחילה ועד סוף . . . ואותו הרב ר’ יעקב, שלא שמש תלמידי חכמים ומלך מעצמו, ע”פ תבונתו, כי פקח גדול הוא, אינו מגיע לקרסולי תלמידי תלמידיו של הגאון חתם סופר ז”ל, לא בתורה ולא במעשים טובים, והרי לפנינו שעזב עיר ווילנא תפארת ליטא, והלך לנוע אל ארצות אמעריקא להיות שם רב ראשון בנויארק כחלומו אשר חלם. והרואה דברי הר”מ פ”ו ה”א מדיעות, יעוי’ שם היטב בלשונו, יראה עד כמה מלאה לבו יראת שמים לעשות כן

He goes on demeaning the Chief Rabbi of New York, but you get the picture.

As long as I am talking about the very interesting sefer Ma’aneh Eliyahu, let me also call attention to something in it that is relevant to what is in the news today. I refer to the problem of rabbis covering up cases of sexual abuse. In no. 32 the Aderet deals with a case where a girl was raped by two young Jewish men. Her family wanted to report this to the police, so that the rapists would receive a fitting punishment. The Aderet writes:

We see from this that the practice of covering up these sorts of things is hardly a recent phenomenon.

In light of the previous post regarding the Hilkhot HaMedinah, I have been able to obtain further information of the ban. The BaDaTz issued an Issur (reproduced below) noting that Hilkhot HaMedinah was published without the permission of the descendants of R. Waldenberg and the descendants object to its publication. Although Hilkhot HaMedinah is not mentioned by name – instead only “the books printed after his [R. Waldenberg’s] death” – to my knowledge the only book published after his death has been Hilkhot HaMedinah.

What is ironic is R. Waldenberg appears to have addressed this very issue – people printing books of those who have died without the permission of the descendants. R. Waldenberg (in Tzitz Eliezer, vol. 20, no. 51, pp. 129-130) was asked about books published where the author reserved the right to publication and is now dead and his descendants are not going to publish it can it be published without their permission? R. Waldenberg responded that in such a case one is allowed to republish such a book. R. Waldenberg marshals the case of the where the author of the Kitzur Shulhan Orach, R. Ganzfried, was asked to republish his own work with the commentary of the Mesgeret haShulhan. R. Ganzfried declined. But, when R. Ganzfried died the author of the Mesgeret haShulhan did exactly that – he republished the Kitzur with his own commentary. The Mesgeret haShulhan obtained haskamot to justify what he did, one from the author of the Shaul u-Mashiv who explicitly permitted the republication even though the author objected during his lifetime.

Thus, R. Waldenberg argued that in cases where the author objected to the republication of his work, such objections are insufficient to stop publication after his death. Consequently, it would appear that if R. Waldenberg’s descendants are not otherwise intending on republishing Hilkhot HaMedinah, at least according to R. Waldenberg, one would be permitted to republish the work, even without their permission, even if they object.