1

Saul Lieberman and his Ketubah, Driving on Shabbat, an Unusual Marriage Practice, Girls born on Friday, and More

Saul Lieberman and his Ketubah, Driving on Shabbat, an Unusual Marriage Practice, Girls born on Friday, and More

Marc B. Shapiro

For a long time, I have had an interest in Saul Lieberman. It has been almost twenty years since my book Saul Lieberman and the Orthodox appeared.[1] I have also dealt with Lieberman in many Seforim Blog posts. A few years ago, I did a series of eighteen classes on Lieberman on Torah in Motion. You can watch the classes on Youtube here or listen to the podcasts here. A letter from Lieberman that has recently come into my hands allows me to turn to Lieberman again. Yet before doing so, I must note at the same time that I was researching, writing, and teaching about Lieberman, Aviad Hacohen also published a number of works on Lieberman. His latest is a lengthy article on Lieberman and the Lithuanian Torah world that appeared in the recently published Rabbi David Golinkin Jubilee volume titled Shir ha-Ma’alot Le-David. It can be read here. In his article, Hacohen includes this nice photograph of Lieberman speaking with R. Aharon Lichtenstein.

We can also look forward to Hacohen’s forthcoming volume of Lieberman’s letters which will be vital for any future scholarship on Lieberman.

While Lieberman was always careful not to do anything that would be at odds with the Orthodox rabbis, there was one exception to this, and that was his ketubah. In order to help solve the Agunah problem, Lieberman proposed including in the ketubah a clause that the husband and wife authorize the beit din to award compensation if either party refuses to come to the beit din to halakhically end the marriage. For those married under Conservative auspices, the beit din mentioned in the ketubah would be the newly formed beit din of the Rabbinical Assembly and the Jewish Theological Seminary.[2]

A lengthy letter from Lieberman to R. Isaac Herzog, dated November 22, 1954, was recently placed at auction, available here. I thank a student who purchased the letter and sent it to me, enabling me to see page 4 which is missing from the auction site. After this post appears, I will present the letter to a suitable archive for safekeeping. This letter is of great significance, as Lieberman explains what motivated him to develop his addition to the traditional ketubah. We are also given insight into how he viewed the Orthodox and Conservative rabbis. Those who wish can see the complete letter in one PDF here.

In the letter, Lieberman begins by saying that he had not written to R. Herzog—who was a very close friend[3]—because he did not want to create difficulties for R. Herzog by bringing him into the controversy swirling around his proposed ketubah. He explains that certain non-Orthodox rabbis had begun to perform marriages for women who were only divorced civilly. This led people to think that the obligation of a get was not a serious matter. Lieberman notes that in circumstances where the husband does not want to give a get, it is usually possible to convince him to do so. The problem is that these “menuvalim” demand so much money to issue the get, that the women are unable to pay this: ואין מי שיתבע את עלבון העלובות

Lieberman then turns to what in his time was a well-known agunah case. I do not wish to go into details but only mention that the woman involved was the famous Trude Weiss-Rosmarin, who after her experience became a critic of the Orthodox approach in Jewish marriage and divorce law. In Lawrence Grossman’s great new book, Living in Both Worlds: Modern Orthodox Judaism in the United States, 1945-2025, p. 204, he writes that Weiss-Rosmarin was “perhaps the first woman from an Orthodox background to publicly demand the wholesale revision of the system [of Jewish divorce law].” In Weiss-Rosmarin’s 1953 article, “Wanted: Equality for Jewish Women,”[4] and in her later article “The Agony of the Agunah,”[5] she called for batei din to assume the authority of issuing divorces instead of husbands. She further claimed that “Jewish law is male-made and inevitably the male prerogatives are protected at the expense of the rights of women. While Jewish law is chivalrous in certain areas, ‘chivalry’ is not enough for the modern woman.”[6] Because of her strong stand in the matter of agunah, Weiss-Rosmarin has even been called the “the first feminist Jew and the first Jewish feminist.”[7] You can read about her here.

Lieberman says that when he saw how the rabbis did not do anything to help Weiss-Rosmarin, that he came to the conclusion that he must do something. His answer to the agunah problem was his ketubah. If the beit din orders payments based on the ketubah, he believed that this would be upheld by the secular court. Lieberman states that originally he wanted the beit din that would be in charge of this to have: רבנים יראי שמים ובקיאים בדיני גיטין וקדושין. He even reveals that R. Abraham Price of Toronto agreed to serve on this beit din, which means that R. Price accepted the halakhic legitimacy of Lieberman’s ketubah. However, the Rabbinical Council of America threatened to put the Orthodox rabbis in herem if they joined Lieberman’s proposed beit din.[8] Lieberman adds that since the RCA did not allow for Orthodox rabbis to join this beit din, there was no longer any possibility that the beit din would be able to write gittin. Rather, its only role would be to compel the man who refused to give a get to do so. He tells R. Herzog that he reformulated the ketubah, so that any recognized beit din can compel the man to issue a divorce and also require monetary payments.

Lieberman adds that the Orthodox assertion that Conservative rabbis wish to involve themselve in matters of gittin is laughable. It is of interest how Lieberman distinguishes between Orthodox and Conservative rabbis, something that only comes across in the Hebrew words he uses for “rabbi”:

כל הצעקה של הרבנים שהרבייס הקונסרבטיביים רוצים להכנס לענייני גיטין היא מצחיקה

Lieberman continues that the Conservative rabbis have no need for the income they could get from doing gittin, and they can make more money from other things. They have not gotten involved in kashrut, which is less complicated than gittin and has much more money in it. Lieberman adds that the fact that the Conservative rabbis accepted his proposal is a very positive thing, since if any of them now perform a wedding before the woman has received a get, they will be expelled from the Rabbinical Assembly. All Conservative rabbis are therefore forced to explain to their communities that civil divorce is meaningless and the woman is still regarded as married.

Lieberman then tells about the “young rabbis” who were in an uproar about his proposal. By this he means the rabbis of the Rabbinical Council of America. He says that they were claiming that it is forbidden to alter any of the formulations used in the ketubah, and that this is based on the fact that it is also forbidden to alter the text of a get from what the Sages have decreed.[9] Lieberman notes that he did not pay them any mind, and was happy to let them show their ignorance in public. He adds that the RCA rabbis have now begun screaming that the beit din of the Conservative rabbis has permitted kohanim to marry divorced women and to drive to synagogue on Shabbat.[10] Lieberman says that this is completely false. To begin with, they do not have a beit din. What this apparently means is that the Conservative movement does not have a national beit din that could issue rulings for the movement. Lieberman adds that a number of Conservative rabbis, mostly his students, demanded that any rabbi who performs a wedding between a kohen and a divorced woman, or permits his congregants to drive on Shabbat, should be expelled from the Rabbinical Assembly. Yet at the convention of the Rabbinical Assembly this proposal was rejected.

Already in 1952 the Committee on Jewish Law and Standards permitted Conservative rabbis to perform weddings between kohanim and divorced women.[11] As for driving on Shabbat, the famous responsum that permitted driving to synagogue, and only to synagogue, on Shabbat, was authored by Rabbis Morris Adler, Jacob Agus, and Theodore Friedman. It was reprinted in Mordecai Waxman, ed., Tradition and Change: The Development of Conservative Judaism (New York, 1958). Here is part of the preface to the responsum from which you see background:

The responsum printed below is the collective effort of three men who prepared it for the approval of the Law Committee of the Rabbinical Assembly. It secured the support of a majority of the Law Committee and it was subsequently presented at a convention of the Rabbinical Assembly (1950). However, in conformity with the policy of the Assembly not to give approval to legal provisions which have not been unanimously approved by the Law Committee, it was not voted upon. It thus remains as the opinion of a group of men, but has no official status.[12]

Although the responsum did not have official status as a ruling of the Conservative Movement, because of the support it received on the Committee on Jewish Law and Standards—the new name of the Law Committee beginning in 1948—it was regarded by the Conservative Movement as a halakhically acceptable option.[13] The way the Committee worked is that “a unanimous opinion is recorded as such and becomes binding upon every member of the Rabbinical Assembly. Where there is a difference of opinion, the opinion which dissents from the majority becomes a minority opinion, and the minority opinion also may be followed by the members of the Rabbinical Assembly.”[14]

In a 2023 article that appeared on the Rabbinical Assembly website here, it states that the responsum “was approved by the Law Committee,” which must mean “approved” as an acceptable option.

The halakhic position advocated by Adler, Agus, and Friedman is summed up in this paragraph from the responsum:

Refraining from the use of a motor vehicle is an important aid in the maintenance of the Sabbath spirit of repose. Such restraint aids, moreover, in keeping the members of the family together on the Sabbath. However, where a family resides beyond reasonable walking distance from the synagogue, the use of a motor vehicle for the purpose of synagogue attendance shall in no wise be construed as a violation of the Sabbath but, on the contrary, such attendance shall be deemed an expression of loyalty to our faith.[15]

Since we are dealing with a halakhic teshuvah, they also had to come up with a way to permit driving to synagogue that could be in line with halakhic sources. The way they did this was by asserting that driving a car is only a rabbinic prohibition. When it comes to the electricity that the car uses, that was not a difficult point to argue, but how could they assert that combustion of gasoline to produce power is also only a rabbinic prohibition? Their solution is to claim that burning is only a Torah-prohibited act when used for the purposes that the Sages recorded, such as cooking, heating, or lighting. “Burning for the sake of power was not included in this list” (p. 369). They also claim that any heat produced by the car’s combustion of gas is not intended or desired so it is a pesik reisha de-lo niha leh “which is permitted by the latest authorities” (p. 369). For good measure they add that the combustion is a melakhah she-einah tzerichah le-gufah according to the opinion of Tosafot, since the combustion is not for the purpose of burning but in order to cause the car to move.

After concluding that driving a car on Shabbat is only a rabbinic prohibition, they then claim that rabbinic prohibitions can be set aside when they prevent the fulfillment of a mitzvah, in this case the mitzvah being attendance at synagogue which is “indispensable to the preservation of the religious life of American Jewry.”[16] It is important to remember that the permission to drive on Shabbat was only for the purpose of attending synagogue. In 1961 Friedman clarified that the permission to drive on Shabbat was only intended to apply to the synagogue one normally attends, not to allow people to drive to a bar mitzvah at another synagogue. This outlook was affirmed in a statement adopted by the Committee on Jewish Law and Standards.[17]

It continues to amaze me that the majority of the Committee on Jewish Law and Standards, and no doubt the overwhelming majority of all Conservative rabbis, supported the Adler, Agus, and Friedman responsum. In the responsum it states: “To continue unmodified the traditional interdiction of riding on the Sabbath is tantamount to rendering attendance at the synagogue on the Sabbath physically impossible for an increasing number of our people.” This was always a foolish argument. In the 1950s there were plenty of Orthodox synagogues that had members who drove to synagogue on Shabbat. There were even Orthodox synagogues that left the parking lot open. But they never officially said that this was permissible. They just looked the other way, and many of the children of those who drove to synagogue became completely observant. In fact, over time, a number of those who drove to an Orthodox synagogue also became observant, precisely because they were never told that it was OK to drive on Shabbat and instead were given a religious goal—Shabbat observance—to strive for. This is the exact model today of Chabad synagogues.

In Rabbi Robert Gordis’ dissenting opinion from the majority of the Committee on Jewish Law and Standards, he wrote: “All experience teaches that the task of winning back the erring and the estranged, heartrendingly difficult as it is, is more often successfully achieved by traditional religion than by its non-traditional forms.”[18] Gordis also states: “To modify Jewish law in order to bring it into conformity with their [Sabbath violators’] way of life is tantamount to amending the Constitution of the United States so as to harmonize it with the viewpoint of an anarchist. . . . Had there been a large number of Elisha ben Abuyas or general Sabbath violators in their day, the Rabbis would not have consulted them as to how Sabbath observance should be conceived of.”[19]

Why couldn’t the Conservative movement simply ignore the fact that people in the synagogue had driven there on Shabbat instead of seeking to offer halakhic justification? Were they afraid that if congregants felt that the rabbi viewed them as sinning by driving to synagogue, that the congregants would be inclined to join a Reform temple where they wouldn’t be judged? Did they really think that people would stop coming to synagogue if they did not permit driving on Shabbat? The authors of the responsum were certainly aware that the people who drove to synagogue on Shabbat did not restrict themselves to only driving there, but they also drove throughout the Sabbath to wherever they wanted to go. So, what in the end did they think would be accomplished by this responsum? How did they not see that once the permission was granted, that even rabbis and cantors would avail themselves of it rather than moving within walking distance of their synagogues?[20] In 2003 Rabbi Ismar Schorsch, chancellor of the Jewish Theological Seminary, said that the decision to allow driving to the synagogue on Shabbat was a mistake,[21] but by this time, there were hardly any Conservative rabbis in the United States who would agree with him.[22]

Returning to Lieberman’s letter, he notes that “the rabbi from Boston,” by which he means R. Joseph B. Soloveitchik, also attacked him—without mentioning Lieberman by name—regarding the proposed addition to the ketubah. This is interesting, as I am unaware of any public communication from the Rav in which he attacked Lieberman. However, in 1954 R. Emanuel Rackman, working “with the direction of” R. Soloveitchik, expressed opposition to the Lieberman Ketubah. Rackman would later claim that the Rav’s opposition was “mild” and that the Rav admitted that he would have been able to work out a mutually satisfactory version of the ketubah with Lieberman.[23] Also of note is that in 1959, R. Norman Lamm published a critique of the Lieberman Ketubah.[24] Knowing Lamm’s connection to R. Soloveitchik, it is hard to believe that he would have published this article without the Rav’s approval. It is noteworthy that at this point in the letter Lieberman also refers negatively to musmakhim of RIETS as רבייס.

Lieberman continues that he would never change a text established by the Sages, but there is no problem changing the ketubah’s language. He cites R. Simeon ben Zemah Duran that one is even allowed “to lie” in the ketubah (the quotation marks are found in the letter). The case of R. Duran is about a young woman who was not a virgin but they wrote “virgin” in the ketubah, and R. Duran says that there is no problem in doing this.[25][26]

Lieberman adds that the Rabbinical Council of America has an ally in their opposition to Lieberman’s ketubah, namely, Professor Mordechai Kaplan, who viewed Lieberman as more dangerous than all the Orthodox rabbis.

Lieberman concludes the main part of the letter that he is prepared to accept the ruling of a beit din in Israel. His condition is that the beit din be composed of R. Herzog, R. Isaac Zev Soloveitchik (the Brisker Rav), and a third rabbi that they would agree on. If they rule that his ketubah is forbidden, he will abandon it. Since the ketubah he prepared was for the Conservative movement, it mentioned that the parties have to come to the Conservative beit din. However, Lieberman says that one can insert the name of any beit din in the ketubah, “as longs as it is a beit din that does not accept bribery.”

The remainder of the letter contains comments on a Torah article of R. Herzog.

It is noteworthy that R. Herzog dealt with the Lieberman ketubah at a meeting of the Moetzet ha-Rabbanut ha-Rashit on March 10, 1955.[29]

In attendance at the meeting, representing the Rabbinical Council of America, were Rabbis David Hollander and Herschel Schacter. At the meeting, R. Herzog said that although Lieberman is a great Torah scholar, he is not a gadol ba-Torah that we are all obligated to listen to. He adds that he does not see Lieberman’s addition to the ketubah as halakhically problematic. However, he has strongly protested the notion that a Conservative beit din will have any involvement in this matter. In 1953 R. Herzog wrote to British Chief Rabbi Israel Brodie and mentioned that years before he had already suggested a proposal similar to that of Lieberman.

See also this 1953 letter to South Africa Chief Rabbi Louis I. Rabinowitz where he repeats what he told R. Brodie.

We see from both these letters that R. Herzog had no objection to Lieberman’s ketubah and even wondered if Lieberman’s proposal based on his own prior suggestion.[30]

Great Torah scholar that he was, the ability to stand up to voices on his right was not one of R. Herzog’s strengths. As such, it was not long before he was dragged into a strong condemnation of the Lieberman Ketubah. Here is how Amihai Radzyner sums up what happened:

It appears that Rabbi Herzog was not at all sure that the new clause in the ketubah posed a halakhic problem (unlike the Conservative rabbinical court issue) and therefore decided that the Rabbinate would discuss the matter further and consider issuing an official protest. Later, Rabbi Herzog formulated a relatively moderate objection, in which he expressed doubt regarding the halakhic claim that the new clause would inevitably lead to coerced (and thus invalid) divorce (גט מעושה). Herzog drafted a statement to this effect, which he sent to members of the Chief Rabbinate Council. The moderate nature of the statement did not please Rabbi Reuven Katz, who insisted that would “assist criminals, God forbid.” He demanded a stronger wording that would express solid opposition to this “serious matter.” His demands seem to have been heeded: the Rabbinate ultimately would issue a statement in which Rabbi Herzog would warn congregations in the U.S. of the grave danger posed by the Conservative ketubah, in accordance with the wishes of the American Orthodox leadership. This statement – an appeal to rabbis of the United States signed by Israel’s two Chief Rabbis – refers to the Conservative ketubah as the “defiant ketubah” (כתובה חוצפנית) and states that the amendment will not solve the problem of “chained women,” and also warns that the new language, in conjunction with the new rabbinical court, could lead to a rift within the Jewish people.[31]

Here is the statement of the Chief Rabbinate, which includes the attack on the Lieberman ketubah, that Radzyner refers to.

It would be great to see how R. Herzog explained to his good friend Lieberman why he was forced to issue the condemnation, complete with its derogatory description of the Lieberman Ketubah. Unfortunately, no such letter exists in the archive, but Lieberman well understood the pressures R. Herzog was under.

Here are some additional points relevant to my Saul Lieberman and the Orthodox.

1. Mesorat Moshe, vol. 3, p. 389: Someone asked R. Moshe Feinstein if you can rely on Lieberman’s Tosefta. R. Moshe replied that Lieberman is a religious Jew so there is no fear that he would alter the text of the Tosefta.

2. In September 2025 Legacy Judaica, see here, put this letter up for auction from R. Chaim Kanievsky.

He replies that there is no prohibition to use the works of Lieberman. Asked about purchasing works published by JTS, he replies that he does not know. See here where I published the letter from Lieberman recommending that R. Kanievsky receive the Rothschild Prize, and see also here.

See also R. Meir Mazuz, Makor Ne’eman, vol. 3, no. 1337, who permits use of Tosefta ki-Feshutah.

3. See Ha-Ma’yan64 (Tamuz 5784), p. 119 n. 27, that R. Amos Tabanchik reports that R. Elazer Shakh gave R. Noah Shimanovitz a copy of Tosefta ki-Feshutah as a present. Also of note is that the ArtScroll English translation of Mishnah, Kilayim 8:4 cites Tosefta ki-Feshutah.

4. In Saul Lieberman and the Orthodox, I mentioned that R. Shemaya Grunbaum, a Satmar hasid, published a letter from Lieberman in his book,Siyata di-Shemaya al Masekhet Shabbat (Jerusalem, 1970), pp. 159-160. He does not refer to Lieberman by name, but as “hakham ehad”. However, Lieberman’s identity is only slightly veiled, as R. Grunbaum leaves in the letter’s reference to Ha-Yerushalmi ki-Feshuto. He obviously intended that those “in the know” would recognize with whom he was corresponding.

After R. Grunbaum’s book appeared, he sent it to Lieberman and asked Lieberman to send him his recently published Sifrei Zuta/Talmudah shel Kesarin. R. Grunbaum also apologized that due to reasons beyond his control, he could not mention Lieberman by name and thus referred to him as “hakham ehad”.[32]

5. In Ha-Mashbir5 (2025), I published a few letters from Lieberman to Heschel. See here. In one of the letters, Lieberman offers some notes to Heschel’s Torah min ha-Shamayim. Here is Heschel’s reply to Lieberman’s letter.[33]

6. I am writing this right before Thanksgiving, so it reminded me that it is reported that Lieberman did not saytahanunon Thanksgiving. Shearith Israel in Manhattan also does not say tahanun on Thanksgiving. In fact, they say a partial Hallel, from הללו את ה’ כל גוים until the final הודו לה’ כי טוב.[34]

7. David Sarna reports that Lieberman did not accept the Manhattan eruv and that he would not allow a bat mitzvah girl to address the congregation at the JTS synagogue.[35]

* * * * * * * *

I want to call Seforim Blog readers’ attention to the wonderful Youtube channel of Kerem: Bein Torah le-Hokhmah here. The main feature is R. Yonason Marton’s daily daf yomi and other shiurim. While his shiurim are in Yiddish, the summaries available in the show notes on Youtube are in Hebrew. R. Marton’s shiurim are a unique combination of traditional lomdus and academic scholarship. In addition, Kerem has hosted numerous academic scholars whose videos are also on the Youtube channel. Kerem is a unique institution led by special people, and I wish it much success as it continues to grow.

Appendix

We routinely use the word “virgin” in the ketubah, together with the applicable monetary amount, unless the woman has been previously married. We even do so if the couple is living together. As mentioned, this is allowed because as long as the future husband knows the truth, it does not matter what is written in the ketubah. That this is the law has been affirmed in modern times by R. Moshe Feinstein[36] and many others. In fact, this is so well established that I think it is a “known truth” that before marriage the husband needs to know if his future wife is a virgin, and that the ketubah is invalid if he gets married without knowing the truth. Indeed, how could it be any different, as we see from Ketubot 11b that if the man marries a woman thinking she is a virgin and she is not, that it is a mekah taut?

It will therefore come as a surprise for many that this view is not accepted by all. For instance, R. Shalom Mordechai Schwadron[37] deals with a case of an orphan woman who not only was not a virgin, but who had a child out of wedlock. She later got engaged to a man who did not know about her past. R. Schwadron ruled that in the interests of peace they could write “virgin” in the ketubah and keep the husband in the dark. As for the incorrect monetary amount, R. Schwadron has a few suggestions on how to deal with this as well, including having the woman sign a document foregoing the extra ketubah money due a virgin. This document would have to be kept with the beit din as the husband would not be aware of it.

I think people will also be surprised by the following, not merely the ruling of R. Joseph Hayyim but the entire situation he describes, as it is so foreign from our experience. I apologize if what follows is a little too explicit, but everything comes directly from Rav Pealim, vol. 1, Even ha-Ezer, no. 2.[38] R. Joseph Hayyim describes the following case. A man betrothed a woman on the assumption that she was a virgin. At the time, her father, mother and all her relatives “knew” that she was a virgin. However, between the betrothal and the marriage her parents learned that she had been intimate a few times with another man.

The practice in Baghdad was that on the night of the wedding, after the bride and groom went into their room, female relatives of the bride and groom would sit outside the door. In addition, a few male relatives and friends of the groom would also be there. They were all waiting to see the dam betulim. After the husband finished his marital duty, he would get dressed, open the door, and leave.[39] The women would then come in to see the dam betulim. If they saw it, they would make the loud celebratory sound we have all heard from women from Arab countries, which is called zaghrouta. If they did not see the dam betulim, that meant the groom did not do his job properly, and he would come back to try again.[40]

In the particular case of the responsum, the parents of the woman came up with a trick to spare her embarrassment: The bride put blood on the sheet, but it was not her blood. However, someone who was close to the family of the bride knew the truth and was worried that the marriage was not halakhically binding. After all, the man married her under false pretenses as he thought she was a virgin, and so it was written in the ketubah.

R. Joseph Hayyim replies that the marriage is binding and the husband should not be told that he was fooled, as this will lead to great shame for the bride and her family. As for the matter of the ketubah, R. Joseph Hayyim says that the bride and her relatives must be told that in the event of her being able to collect the ketubah money, she can only claim that which a non-virgin is entitled to.

Both R. Schwadron and R. Joseph Hayyim are cited by R. Netanel Meoded in his own responsum where he concludes that one should not inform a man that the woman he is marrying, whom he thinks is a virgin, was sexually active before their engagement. See Mizrah Shemesh, vol. 2, no. 31.

R. Joel Roth, writing from a Conservative perspective, argues for removing the word betulta from the ketubah. See Roth, Hakol Kol Yaakov, ed. David Golinkin (Jerusalem, 2023), pp. 361ff.

Let me now turn to another strange thing. In previous centuries there was a belief among some that a girl who was born on Friday did not have betulim. Quite apart from the absurdity of the belief, the halakhic problem it would create is obvious, since as R. Abraham Zvi Klein notes, it would mean that with any woman whose birthday is unknown, there would be no ta’anat betulim because perhaps she was born on Friday. To this I would add, since there is no mention of this “medical” point in the Talmud or rishonim, it is shocking that anyone took it seriously. In R. Eliyahu Bar Shalom’s standard work, Mishpat ha-Ketubah,[42] he feels it necessary to write:

גם לנולדת ביום ששי יש כתובת בתולה ככל שאר הנישאות, אף שיש שמועה שאין לה בתולים

What is the origin of this belief? The first reference I found is in R. Isaac Lampronte of Ferrara’s (1679-1756) halakhic encyclopedia Pahad Yitzhak. R. Lampronte was also a doctor, so his recording of this medical legend is itself noteworthy.

In Pahad Yitzhak, s.v. na’arah, R. Lampronte mentions that in Italy the practice is that if a girl is born on Friday this fact is recorded, precisely in order to deal with the halakhic issue already mentioned. That is, if the husband will later assert that there was no dam betulim, this would not be regarded as a valid claim. R. Lampronte states that despite the Italian practice, he did not find any mention of the unique nature of girls born on Friday either in the Talmud or poskim, and that there is also no mention of it in scientific or medical works. He therefore claims that the assumption that girls born on Friday lack betulim should not be relied upon, as on the contrary, sometimes girls born on Friday indeed have belutim.

R. Hayyim Joseph David Azulai, who lived in Italy, also mentions the belief that girls born on Friday lack betulim. He says that he was told about this from distinguished people in Italy and Amsterdam. He also cites from the then unpublished section of Pahad Yitzhak just mentioned. As with R. Lampronte, R. Azulai is surprised by this biological assumption, because if it is true, the Sages would have mentioned something about it.[43]

Many people have cited the Pahad Yitzhak and Hida, however, the story does not end there. There was another great rabbi in Italy, R. Daniel Tierni of Florence (died 1814), author of the commentary on the Shulhan ArukhIkarei ha-Dat (הד”ט – playing on the abbreviation of his name). In his commentary to Yoreh Deah 21:10, he tells us that he saw additions that R. Lampronte made to the Pahad Yitzhak. These additions have not appeared in print, so we must be grateful for what R. Tierni preserved. Here R. Lampronte states that the entire matter is a complete falsehood, sheker gamur.[44] Yet R. Tierni adds that everywhere in Italy where he has lived, they are careful to record in the communal record whenever a baby girl is born on Friday to avoid problems when she later gets married. He notes that the non-Jews also do this. As for why there are girls born on Friday who have betulim, he explains this through astrology, and suggests that it depends when on Friday they are born, since only certain hours on Friday are under the rule of Venus.

As late as 1902, R. Isaac Raphael Ashkenazi (1826-1908), the rav of Ancona, writes that the practice of his city is to record the girls who are born on Friday, and he thinks this is what other communities should do as well.[45]

Riddles

It has been a long time since I included a riddle, and I now have a bunch of books that I can give away to those who get the right answers. If you have the answers, email them to me at shapirom2 at scranton.edu

1. Where do we find that Shammai not only disagrees with Beit Shammai, but also agrees with Beit Hillel?

2. In the days of the tannaim a certain item was unquestionablymuktzeh. However, in the post-talmudic period, some hold that this item is no longermuktzeh. What item am I referring to? Provide the actual source in the Talmud and later authorities to justify your answer.

I asked ChatGPT this question but the answer it provided was phony, complete with a non-existent citation from R. Moshe Isserles. I am sure ChatGPT will provide other answers, and perhaps one of them might be correct

* * * * * *

[1] This book began as an invited lecture in memory of Lieberman sponsored the Union of Traditional Judaism. One of the organizers of the event was Rabbi Ronald Price. I mention this because R. Price is the author of the newly published book, Divrei Halev: Thoughts of Rabbi Professor David Weiss Halivni on the Weekly Torah Portion. Here is part of the book’s description on Amazon:

Divrei Halev is the result of a multi-year collaboration between Rabbi Ronald D. Price and his teacher, the world-renowned Talmudic scholar Rabbi Professor David Weiss Halivni, of blessed memory. Nearly every week from 2008 to 2012, Rav Halivni shared a thought with Rabbi Price on the weekly Torah portion, which the student faithfully recorded. Divrei Halev includes over two hundred brief divrei Torah spread across all fifty-four parashiyot.

I was one of those privileged to write a blurb for the book, together with Professors Gershon Bacon Reuven Kimelman, David Novak, and Dr. Elana Stein Hain. In the interests of space, my blurb was edited, so here is a good opportunity to record my unabridged blurb.

Rabbi Halivni’s greatest contribution was of course his groundbreaking talmudic scholarship. Yet anyone who had the pleasure of davening with Rabbi Halivni on Shabbat, as I did in the late 1990s and early 2000s, saw a different side of him, that of a rav of a kehillah, a spiritual leader, whose spoken word on Shabbat was able to both enlighten and inspire. Those of us who were able to experience this, and those who never had the opportunity, owe a great debt to Rabbi Ronald Price for bringing the words of our teacher to life.

Regarding Halivni, see also what I wrote here.

Let me now share another story about Halivni. On Erev Pesah 2001 or 2002 I was walking to shul on the Upper West Side and I saw Halivni coming down the street. I asked what brought him to my neighborhood, as I knew he did not live in the area. He told me that he wanted to find a minyan that said Hallel after maariv. I took him to Ohab Zedek and was told that they do not say maariv. We started out in search of another shul and came upon the Chabad minyan on the Upper West Side, where we davened. I remember being very impressed by two things at this minyan. First, that the Chabad rabbi and at least a couple of other Chabad attendees knew who Halivni was. Second, how they treated him with the greatest respect.

[2] Subsequent to publication of my Saul Lieberman and the Orthodox, Monique Susskind Goldberg discussed Lieberman’s Ketubah in id. and Diana Villa, Za’akat Dalot: Pitronot Hilkhati’yim le-Be’ayat ha-Agunot bi-Zemanenu (Jerusalem, 2006), pp. 104ff. On p. 112, she also discusses a proposed adjustment to the ketubah by R. She’ar Yashuv Cohen.

Whether the Lieberman Ketubah could be civilly enforced was at the center of the famous 1980s N.Y. case, Avitzur vs. Avitzur. See here and here. Contrary to all the naysayers, the court upheld the legitimacy of the Lieberman Ketubah from the standpoint of American law. The National Jewish Commission on Law and Public Affairs, an Orthodox organization, got involved with the case together with the Jewish Theological Seminary to support the plaintiff whose husband had refused to appear before the beth din of JTS and the Rabbinical Assembly in order to give her a get. Nathan Lewin told me that R. Moshe Sherer, the head of Agudat Israel, asked Lewin to become involved with the case. Even though it did not focus on the Orthodox community, Sherer—and the Agudah rabbinic leadership he must have consulted—thought it was important that the principle that the government could, in certain circumstances, require people to go to beit din be upheld.

[3] According to Chaim Herzog, Lieberman was his parents’ closest friend. See Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York, 2005), p. 53. On this page, Schochet and Spiro write that “Lieberman enjoyed the respect of R. Yosef Shalom Eliashiv, the av beit din of Jerusalem.” If one consults the source they offer for this sentence, Yitzhak Raphael’s eulogy for Lieberman in Sinai 93 (Nisan-Iyar 5783), p. 91, one finds that Raphael’s actually refers to R. Elyashiv’s grandfather, the kabbalist R. Solomon Elyashiv.

[4] Congress Weekly, Aug. 17, 1953, cited in Regina Stein, “The Boundaries of Gender: The Role of Gender Issues in Forming American Jewish Denominational Identity, 1913-1963” (unpublished doctoral dissertation, Jewish Theological Seminary, 1998), p. 319.

[5] Conservative Judaism 20 (Fall 1965), pp. 51-54.

[6] Stein, “The Boundaries of Gender, p. 320.

[7] See Naomi Salfati, “On Feminist Judaism, Jewish Feminism and the Advancement of Women’s Roles in Jewish Tradition” (unpublished master’s dissertation, Hebrew University, 2014), p. 16, available here. Salfati discusses Weiss-Rosmarin’s article, “The Unfreedom of Jewish Women,” which also deals with the “unfairness of Jewish marriage laws to divorced and abandoned women.”

Weiss-Rosmarin is also known for her book Judaism and Christianity The Differences. In Alan Brill’s newly published A Jewish Trinity: Contemporary Christian Theology through Jewish Eyes, Weiss-Rosmarin’s approach, which is the “standard” view Jews are taught, is specifically rejected throughout the book. In the very first paragraph of A Jewish Trinity, Brill writes: “For many Jews and Christians, Weiss-Rosmarin’s basic unbridgeable theological divide between the religions remains a truism. This book rejects Weiss-Rosmarin’s simple zero-sum declaration by asking whether the Jewish theological vision and the Christian theological vision are fundamentally irreconcilable, or can the positions be conceptually bridged.”

[8] In a December 3, 1954, statement, the RCA and the Rabbinical Alliance of America condemned the Lieberman ketubah, stating that it had “the gravest implications to the sanctity of Jewish family life and represents the most disastrous disavowal of the principles of Jewish law.” See Benjamin Steiner’s important article, “The Lieberman Clause Revisited,” American Jewish Archives 69 (2017), p. 54.

[9] For criticism of the Lieberman Ketubah from another angle, see R. Eliezer Waldenberg, Tzitz Eliezer, vol. 5, pp. 23ff., vol. 21, no. 62. See also R. Joseph Elijah Henkin, “Tikun o Harisah,” Ha-Pardes, Shevat 5755, pp. 20-22. R. Isaac Herzog responded to this article, see Tehukah le-Yisrael al Pi ha-Torah, vol. 3, pp. 208-209.

At a 1953 gathering of Conservative rabbis and JTS faculty, Lieberman discussed his proposal, which he referred to as a takkanah. He said as follows, clearly exasperated with the American Orthodox rabbinate.

I saw that some of you were accused of being frightened by the Orthodox rabbis. I want to tell you that I am not frightened by them at all.

I want, therefore, to give you a point of information. In truth, they were frightened, and I want you to know why they were frightened. They weren’t afraid that the בית דין would issue some תקנות. No, not at all. They were afraid that the בית דין will issue תקנות in accordance with the law.

As a matter of fact, one of the very important members of the Orthodox rabbis said so in so many words: If this בית דין of the Rabbinical Assembly will issue a תקנה, that will be תקנתו קלקתו. It will be a great misfortune because they will get authority and that is the reason why they oppose this. Many of them think that that בית דין will begin to move in this line, the movement can become strong and it will affect them.

Now about this תקנה. I would like to tell you that this תקנה has nothing to do with the בית דין that will be established—and I hope it will be established soon; but this I would like to see you adopt immediately because it has a tremendous practical value.

David Golinkin ed., Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970 (Jerusalem, 1997), vol. 2, pp. 810-811.

[10] These two points are mentioned by Rabbi Hollander at the meeting with the Moetzet Ha-Rabbanut ha-Rashit. See below. Hollander refers to Conservative rabbis permitting these matters, not a Conservative beit din.

[11] See here. The basis for the Committee on Jewish Law and Standard’s ruling was the responsum of Rabbis Ben Zion Bokser and Theodore Friedman published in Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970, vol. 3, pp. 1459-1462.

[12] Waxman, Tradition and Change, p. 351.

[13] Regarding the change of name from Law Committee to Committee on Jewish Law and Standards, see here.

It is of interest that in 1992 the Conservative movement in Israel, known as Masorti, issued a ruling forbidding travel to synagogue by car on Shabbat in Israel. See here. See also Rabbi David Golinkin’s responsum on this matter here.

[14] Formulation of Rabbi Aaron Blumenthal in Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970, vol. 3, p. 1464.

[15] Waxman, Tradition and Change, p. 361.

[16] Waxman, Tradition and Change, p. 370.

[17] Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970, vol. 3, pp. 1186-1188.

[18] Waxman, Tradition and Change, p. 390.

[19] Waxman, Tradition and Change, p. 390. See also ibid., pp. 392ff. for Rabbi Ben Zion Bokser’s rejection of the permission to drive on Shabbat

[20] For the recent debate of the Committee on Jewish Law and Standards regarding use of an electric car on Shabbat, see here. In this article, Rabbi Danny Nevins is quoted: “Those who accept the 1950 CJLS minority position permitting people to drive to synagogue in a gas-powered car would be justified extending this permission to electric cars.” Yet as mentioned above, the 1950 CJLS position permitting people to drive to synagogue on Shabbat was the majority position, not the minority.

[21] See here.

[22] Regarding driving to synagogue on Shabbat, I think many will be surprised by some of the lenient views that have been expressed. Following this paragraph is a responsum from Kollel Eretz Hemdah’s Be-Mareh ha-Bazak, vol. 3, no. 38, in which they rule that it is permitted for a non-Jew to drive a Jew to synagogue on Shabbat if this is vital to keep the person connected to Judaism. They also state that this should not be done every week. According to what is stated at the beginning of the volume, all responsa published in the book were approved by R. Shaul Yisraeli.

R. J. Simcha Cohen suggested that for people who could not walk to synagogue in Century Village in West Palm Beach, that they could get on the bus that transports people along set routes within the community’s confines. This would only apply if the driver was not Jewish. See Cohen,Shabbat: The Right Way(Jerusalem, 2009), pp 181ff. He also includes R. Moshe Dovid Tendler’s letter opposing this leniency. R. Tendler writes: “The heter would destroy the sanctity of the Shabbos. It would be extended to other ‘good deeds’ like visiting parents, hospital patients, attending rallies and even earning money on Shabbos to pay yeshiva tuition.” R. Yosef Carmell, the head of Eretz Hemdah, also replied, and he followed the approach already approved by R. Yisraeli.

If the bus is clearly labeled as a ‘Shabbat bus,’ is announced as appropriate only for those too weak to walk on their own, and even then only to be used for transportation to and from shul, it could be positive, provided that someone familiar with the community feels it would be necessary. (One must, of course, verify that only non-Jewish drivers are used.) However, we would recommend monitoring public impression (not only before implementation but also after) so as to gauge whether people view this as either a religious farce or a sweeping abrogation of hilchot Shabbat (in which case the service should be discontinued).

We would also like to suggest the aforementioned ruling of Rav Yisrael, zt”l (Be-mareh ha-bazak IIII:38) of having the Shabbat bus run only occasionally (or perhaps alternate weeks, etc.) so as to stress that we are dealing with a she’at ha-dechak.

R. Carmell understood R. Cohen to be referring to a special Shabbat bus run by the Jewish community. But what he was referring to was the already existing bus that transports people, free of charge, to different places within Century Village.

Significantly, when asked by the community of Century Village, Boca Raton, R. Hershel Schachter gave his permission for people who can’t easily walk to take the communal bus to synagogue. See here.

See also R. Schachter, Nefesh ha-Rav, p. 233, that R. Soloveitchik opposed having a “Shabbat bus”. The Rav noted that although this could be justified halakhically, since driving to synagogue on Shabbat had become a symbol of the Reform and Conservative movements, this means that even driving to synagogue in a halakhically permissible manner is now forbidden.

R. Ben Zion Uziel earlier gave permission for Jews to use public transportation to go to synagogue, but only in a place where the majority of riders are non-Jewish. SeeMishpetei Uziel, vol. 1,Orah Hayyim, no. 9, Mahadura Tinyana, vol. 1, Orah Hayyim, no. 32.

At the end of his book, R. Cohen offers a different suggestion, namely, a rickshaw attached to a bicycle. He writes:

Accordingly, a rickshaw bicycle driven by a non-Jew would also not be prohibited because of the concern that he might repair the bicycle on Shabbat, since a Gentile may repair anything he wishes on Shabbat. . . Using all the methods mentioned above, one could arrange, well within the bounds of Halacha, for a bicycle rickshaw to transport Jews who are unable to walk to and from the synagogue on Shabbat. This would involve no Biblical violations at all.

In Hakirah 37 (2025), Avi Kadish published a memoir which describes how he became religious. He reports that R. Moshe Feinstein permitted him to ride to synagogue on Shabbat in the car driven by his father. This only happened twice, as Kadish’s father realized that his son was uncomfortable using the car. From then on, every Shabbat they walked the two hours fifteen minutes each way to synagogue. What makes R. Feinstein’s ruling so interesting, is that Kadish was over bar mitzvah age. (Kadish notes that R. Avraham Pam had also given such a ruling with regard to a katan.) Kadish publishes the following comment from R. Shabbetai Rapoport:

I see no halakhic novelty here. If your father was going to shul anyway, why should there be any reason to forbid you to go with him? Rav Moshe’s opinion was that there is no difference between partnership with a Sabbath violator and partnership with a gentile. The ḥumra that a passenger in a car causes more fuel to be burned is mentioned in his writing, but only as a ḥumra. Therefore, this ruling fits his halakhic methodology quite well. The [real] novelty is that he did not fear any criticism that might have arisen, and this is indeed characteristic and correct [of Rav Moshe].

I don’t understand R. Rapoport’s point. The novelty is that Kadish was receiving benefit from a melakhah done on Shabbat by a Jew.

R. Shlomo Zalman Auerbach has an interesting pesak in Minhat Shlomo, Orah Hayyim, no. 3 (end). He rules that one who accepts Shabbat early is able to be driven by a non-Jew, and in a “tzorekh gadol” can also be driven by a Jew. He says that there is no ziluta de-Shabbat involved.

הואיל וליכא בכה”ג זילותא דשבתא שהרי אצל כולם עדיין הוא חול

R. Yitzhak Yosef states that for someone who drives to synagogue on Shabbat, it is better that he arrange to be taken by a non-Jew, unless this will lead to communal problems (e.g., others who are currently walking to synagogue might now feel that it is OK to have a non-Jew take them). Thus, he requires a local rav who knows the situation to make such a decision. SeeYalkut Yosef, Hilkhot Shabbat, vol. 5, p. 61.

Regarding using an autonomous taxi on Shabbat, see R. Eitan Kupietzky in Ha-Ma’yan, Tevet 5784, pp. 35-42. According to R. Aharon Goldberg, R. Shlomo Zalman Auerbach’s grandson, R. Auerbach had no objection to use of a car on Shabbat if there are no halakhic violations with this car, and that this could actually enhance Shabbat observance. In response to the objection that use of such a car would destroy Shabbat as we know it, a concern that was at the center of the Hazon Ish’s approach to use of electricity on Shabbat, he replied:

ההלכה היא לא איך שנראה לנו, אלא אם זה מותר אז מותר!

See Aryeh Edrei and Amir Mashiah, “Arba Amot shel Halakhah: Ha-Rav Shlomo Zalman Auerbach,” in Binyamin Brown and Nissim Leon, eds. Ha-Gedolim (Jerusalem, 2017), pp. 720-721. Along these lines, a new pesak has recently appeared from R. Menachem Perl, the head of the Tzomet Institute. According to him, one can make use of an iRobot vacuum on Shabbat as long as it is activated before Shabbat. See here.

Because the world is changing so much when it comes to technology, I think that due to pressing circumstances the future will bring a number of lenient rulings regarding Shabbat. For example, the day is not far off when in major cities one will not be able to enter an apartment building, or even a private apartment in such a building, without using an electronic keypad or key card. It is hard to imagine that poskim will rule that Jews are not allowed to live in these buildings, as that would mean the end of Orthodox communities in many places.

[23] Stein, “The Boundaries of Gender,” pp. 331, 338.

[24] Norman Lamm, “Recent Additions to the Ketubah,” Tradition 2 (Fall, 1959), pp. 93-118.

[25] The case R. Duran discusses is of a girl who might not have even been twelve years old. She was kidnapped by non-Jews and brought to Tunis where she was redeemed (“bought”) by a Jewish man who proceeded to have sex with her. Another man then removed her from Tunis—he must have paid the first man—to bring her to her father. On the way he married her, and that is when the ketubah was written stating that the young woman was a virgin. By this time, she was checked by women and showed signs of physical maturity, and the halakhic significance of this is discussed by R. Duran. The fact that the girl was raped by her first “redeemer” is not even discussed as it is not relevant to the halakhic issue R. Duran focuses on.

In general, when one sees responsa that refer to sexual relations with young girls, one need not assume that we are dealing with a case of rape, as it is possible that the husband was also very young. See e.g., Teshuvot Hakhmei Tzarfat ve-Lotir, no. 14:

בועל בעילת מצוה ופורש בתנוקת מפני צחצוחי זיבה

See also ibid., no. 52.

[26] See Appendix.

[27] See Saul Lieberman and the Orthodox, p. 20, where I discuss Lieberman’s relationship with Kaplan, and that it seems that after the Agudas ha-Rabbonim put Kaplan in herem, Lieberman observed the herem. See also my earlier post here. See also here where I discuss the burning of Kaplan’s siddur and show that contrary to what has often been said, this was not sanctioned by Agudas ha-Rabbonim.

[28] Regarding Lieberman and the Brisker Rav, see the passage from R. Mordechai Elefant’s memoir I posted here.

[29] Israel State Archives, Chief Rabbinate files, 15796/2-גל, new file locator: 000ier0.

[30] The letters to Brodie and Rabinowitz are found in Israel State Archives, Herzog files 4255/11-פ, new file locator: 000bvq8. There is another letter to Brodie in Herzog, Tehukah, vol. 3, pp. 201-202. See also Herzog, Tehukah, vol. 3, p. 201, from a 1954 letter to Haim Cohn, where he again mentions Lieberman’s ketubah with reference to his own suggestion. This last reference and the manuscript letter to Brodie published here are mentioned in Amihai Radzyner, “Reform or Necessary Change: The Attempt to Translate the Ketubah into Hebrew and the Reactions to It,” Hebrew Union College Annual 93 (2022), p. 176 n. 111. However, he does not mention R. Herzog’s letter to Rabinowitz.

[31] Radzyner, “Reform or Necessary Change,” p. 176.

[32] This letter is found in the Saul Lieberman Archives, Arc. 76/6, Library of the Jewish Theological Seminary of America. I thank the Library for permission to publish this letter as well as the letter from Heschel to Lieberman below.

[33] This letter is found in the Saul Lieberman Archives, Arc. 76/6, Library of the Jewish Theological Seminary of America.

[34] This was confirmed by Zachary Edinger, Ritual Director at Shearith Israel.

[35] Sarna, Growing up Conservadox, pp. 30, 32.

[36] Iggerot Moshe, Orah Hayyim, vol. 4, no. 118.

[37] Teshuvot Maharsham, vol. 7, no. 152.

[38] In some communities there was even a practice after the wedding night of a public recitation of a blessing known as birkat betulim. Maimonides, however, saw this as a disgraceful breach of modesty as well as a berakhah le-vatalah. See Ezra Brand’s post here.

[39] He would leave and not return to her, because the practice in Baghdad was that husband and wife did not sleep alone in the same room until after she had gone to the mikveh. This was also the practice in Djerba (it no longer is), and there is a source for this in the rishonim. See R. Meir Mazuz, Asaf ha-Mazkir, pp. 299-300.

Regarding the Baghdad practice described by R. Joseph Hayyim, see Ketubot 12a:

In Judea, at first they would appoint for them two groomsmen [shushvinin], one for him and one for her, in order to examine the groom and the bride at the time of their entry into the wedding canopy [and thereafter, to ensure that neither would engage in deception with regard to the presence or absence of blood from the rupture of the hymen]. . . . In Judea, at first the groomsmen would sleep in the house in which the groom and bride sleep, [in order to examine the sheet on which the marriage was consummated immediately following intercourse].

[40] See Tosafot, Kiddushin 12b. s.v. mishum, that according to R. Tam, this custom is to be regarded as peritzut.

דהיינו פריצותא לפי שצריך או עדי ביאה או עדי יחוד ודבר מכוער שמעמיד עדים על כך

[41] See Roth, Hakol Kol Yaakov, ed. David Golinkin (Jerusalem, 2023), pp. 361ff.

[42] Vol. 3, p. 124.

[43] Ayin Zokher, ma’arekhet bet, no. 3.

[44] See, similarly, R. Joshua Solomon Ardit, Hina ve-Hisda, vol. 1, p. 164a. I saw this reference in Zev Wolf Zicherman, Otzar Pelaot ha-Torah, vol. 3, p. 926.

[45] Va-Ya’an Yitzhak, Even ha-Ezer, no. 8.




The Aderet (part 2); Sonya Diskin and R. Yitzhak Yeruham Diskin; Zvi Glatt; and a New Letter from R. Herzog

The Aderet (part 2); Sonya Diskin and R. Yitzhak Yeruham Diskin; Zvi Glatt; and a New Letter from R. Herzog

Marc B. Shapiro

Continued from here

1. Regarding R. Kook and the Aderet (R. Eliyahu Rabinowitz-Teomim), we find that R. Kook omitted something that the Aderet wrote. I don’t know if, strictly speaking, we can call this censorship, but R. Kook definitely omitted something that he was not comfortable with. Here is the Aderet speaking about himself in Nefesh David, p. 113, published by a leading student of R. Kook, R. Moshe Zvi Neriah (and printed together with the Aderet’s autobiography, Seder Eliyahu.[1a]).

Look at the second paragraph of section 5 and section 6. The Aderet first speaks of his great love for Torah scholars. In the next paragraph, the first one of section 6, he speaks of his hatred for sinners. Finally, in the second paragraph of section 6, he says that he has no ill feelings toward non-Jews who do not hate Jews, and that he only hates those whom the Sages commanded us to hate.

Now, look at R. Kook’s Eder ha-Yekar, published in 1906, beginning with the last line on p. 71 and continuing to the end of the paragraph on p. 72.

 

If you compare this to Nefesh David, sections 5-6, you will find that R. Kook leaves out the three paragraphs I mention above. I can see why he would leave out the second paragraph, about sinners, as it would not be in line with his own understanding of the irreligious in the Land of Israel. But why also leave out the first and third paragraphs? The only explanation I can think of is that he figured that by removing the entire section—where the Aderet speaks of his love for Torah scholars, hatred for sinners, and his lack of negative feelings toward non-Jews—this would not be regarded as censorship, as he is removing the whole section, even the non-objectionable parts. If anyone has a better idea, I would love to hear it.

Speaking of the Aderet and censorship, see the article by Yaakov Fuchs here which shows how the Aderet’s strong criticism of the Rogochover was censored. Fuchs has also found that when the Aderet’s book Shema Eliyahu was published (under the title Over Orah [Jerusalem, 2003]) there was also censorship of the Aderet’s negative judgment of the Rogochover, whom he saw as disrespecting great sages of the past. The original manuscript of the Aderet can be seen here, and below is a transcription of the missing passages as prepared by Fuchs, which can be compared with the censored version that appears in Over Orah, pp. 43-44.

The Aderet’s words are very sharp and align with how he spoke about other rabbis whom, for one reason or another, he had a negative view of. Regarding the Rogochover, while recognizing his unbelievable knowledge, the Aderet could not accept what he saw as the Rogochover’s disregard for the accepted conventions of halakhic procedure and his disrespect for prior sages. He goes so far as to state that if we lived in a time of great rabbis—rabbis who had real authority—they would not allow the Rogochover to issue halakhic rulings.

Eliezer Brodt called my attention to another sharp comment by the Aderet against the Rogochover, found in Shmuel Kol, Ehad be-Doro, vol. 1, p. 202. Brodt also noted that this was censored when reprinted in a footnote in the Mossad ha-Rav Kook edition of the Aderet’s Seder Eliyahu, p. 122, and the Rogochover’s name was omitted when the passage was included in an article in Etz Hayyim 19 (5773), p. 55.

The Aderet, who was older than the Rogochover, can be forgiven for speaking the way he did, and he was not the only contemporary of the Rogochover who had these feelings.[1b] But just as we can find negative statements by great rabbis about other rabbis who were their contemporaries, and now we can see how misguided these negative statements were,[2] I think it is the same with regard to the Aderet and the Rogochover. The rabbis of the generation after the Aderet all related to the Rogochover with enormous respect, even if they did not accept his halakhic rulings.

Regarding the Aderet’s book Shema Eliyahu, one thing that was not censored when it was published appears on p. 223, and I thank Yosef Ginsberg for calling it to my attention.

We see that the Aderet and his interlocutor, R. Getzel Horowitz, assumed that the concept of Tikkunei Soferim is to be taken literally, meaning that the text of the Torah was changed from its original version given to Moses. The Aderet suggests that the Tikkunei Soferim are actually halakhah le-Moshe mi-Sinai.

For more concerning the Aderet and censorship, or rather non-censorship, I must recall my very first post on the Seforim Blog, from January 25, 2007, found here. It is titled “Uncensored Books”. I provide two examples where I state that had the publishers known who was being spoken of, they would have censored the text. Regarding the Aderet, I wrote as follows:

Recently many books by the Gaon R. Eliyahu Rabinowitz-Teomim (the Aderet) have appeared, by publishers with very different hashkafot. The volume of teshuvotMa’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 [called Jacob Harif by the Aderet] means nothing to them.

וידענו היטב היטב את האיש ואת שיחו תהלוכותוי ותחבולותיו מתחילה ועד סוף . . . ואותו הרב ה’ 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.[3]

Ad kan what I wrote in the post. After the post’s appearance it was pointed out to me that the index to Ma’aneh Eliyahu properly identifies R. Jacob Joseph (Harif). So perhaps I was mistaken, or it is also possible that the people who put the sefer together did not know who R. Jacob Joseph was, and the person who put together the index was someone else entirely.

Returning to haskamot, let me mention another interesting point. Someone recently sent me a picture of a haskamah to the newly published book by the late R. Dov Yaffe, Ha-Va’adim shel Motzaei Shabbat.

What makes the haskamah (mikhtav berakhah) so significant is that it is by a woman, namely, his widow. I was also surprised that she is identified by her first name, something not always seen in haredi circles in Israel.

This is actually not the first published letter of this sort by a woman. R. Yehoshua Zev Zissenwein’s Tzir Ne’eman was published in Jerusalem at the end of the nineteenth century.[4]

After a group of haskamot from a wide range of rabbis whom he got to know in his work as a meshulah (including R. Jacob Joseph and R. Hillel Klein of New York and R. Abraham Abba Werner of London), comes what is called Mikhtevei Tehillah. This is a list of people who signed up to receive the book and positive comments they made. On the last page the names of three women are given, including Sonya (Sarah) Diskin,[5] the widow of R. Joshua Leib Diskin.[6]

Sonya Diskin was a very influential person in the Old Yishuv community of Jerusalem, because she had a great deal of influence on her husband. After her passing, the following letter appeared in Eliezer Ben Yehuda’s newspaper Hashkafah,[7] signed by someone who called himself a student of the Brisker Rebbetzin (i.e., Sonya Diskin, whose husband was rav of Brisk before moving to Jerusalem).[8]

There is a lengthy and fascinating Wikipedia entry on Sonya Diskin here, from which I learned that her marriage to R. Diskin, which was a second marriage for both and did not produce any children, even made its way into an Agnon story. For other stories told about her, see Yitzchak’s Seforim Blog post here, and the כבר היה לעולמים blog here. You can definitely say she “made it”, as she had a pashkevil directed against her in Jerusalem, which I am certain makes her the first woman to be given this honor. Also of note is that the pashkevil dates from when her husband was still alive. (In later years, Golda Meir and Aliza Bloch, the mayor of Beit Shemesh, also had paskevilim directed at them.)

The pashkevil is found in Binyamin Kluger, Min ha-Makor, vol. 3, p. 46, and in what it regards as fake piety, it refers to how Sonya Diskin wore tzitzit and that she put socks on her cat, so that the cat would not move crumbs of hametz from room to room. (Elsewhere it is reported that she did this on Passover and her fear was that the cat would bring in hametz from the street on its feet.[9] According to Pesahim 9a we need not be concerned for this.) Regarding Passover, it is also reported that Sonya Diskin told her husband, after he scolded her for her humrot, “If I rely on you and your Shulhan Arukh, we’ll be eating chametz on Passover.”[10]

The latter story is very similar to a story told about Mrs. Tonya Soloveitchik, the wife of R. Joseph B. Soloveitchik. The way I heard the story, in the name of Prof. Haym Soloveitchik, is that when Mrs. Soloveitchik came home from the hospital and saw milk and meat plates in the sink, she started rebuking her husband. The Rav defended himself: “According to the Shulhan Arukh, this is OK.” To this, Mrs. Soloveitchik replied: “Your Shulhan Arukh is going to treif up my kitchen.”

After seeing what Sonya Diskin told her husband, I found it too much of a coincidence that two great rebbitzens would have expressed themselves in the same fashion. I turned to Prof. Soloveitchik, presented him the story with his mother as I heard it, and asked if it is true. He replied as follows: “The story is half-true. My mother said: ‘You are making my kitchen treif.’ My father said nothing and neither did I. People have prettied-up the story by fusing it with the well-known story of Sonya the rebbetzin, the wife of R. Yehoshua Leib Diskin.”

There is another Passover story told about Sonya and her husband: R. Diskin saw Sonya working very hard to clean the house of hametz. Exasperated, he jokingly said to her that the only hametz in the house is her. To this, she replied bitingly: “Don’t worry about me. A long time ago my father sold me to a goy [i.e., R. Diskin].”[11] This is actually an old Yiddish joke, see here, that was apocryphally connected to Sonya.

Returning to Zissenwein’s book, the introduction is noteworthy as it reveals that Zissenwein was one of the founders of the early settlement Yesud ha-Ma’ala, and that this was done at the direction of R. Diskin.

Regarding R. Diskin, it is notable that R. Jacob Moses Harlap wrote to R. Kook about a dream he had in which R. Diskin requested that R. Harlap ask R. Kook not to hold anything against his son, R. Yitzhak Yeruham, and not to degrade him. R. Diskin explained that his son is his only child, and his mistake did not come from a bad place.[12] What this alludes to is that R. Yitzhak Yeruham was opposed to R. Kook being appointed rav of Jerusalem. In fact, there is a letter from R. Zvi Pesah Frank to R. Kook explaining that R. Yitzhak Yeruham wanted to be appointed rav himself, and he was upset with R. Frank for not supporting him in this matter.[13] (R. Frank was a big backer of R. Kook.[14])

Innocent mistake or not, in later years, R. Yitzhak Yeruham, together with R. Joseph Hayyim Sonnefeld, would give cover to those who continuously degraded R. Kook in the most objectionable ways imaginable. Yet for the sake of the Yishuv in Eretz Yisrael, R. Kook told R. Diskin and R. Sonnenfeld that he forgave everyone who attacked him and wanted to work together with R. Diskin and R. Sonnenfeld. Here is his open letter in Iggerot ha-Re’iyah, vol. 4, no. 274, where he is very direct in telling R. Yitzhak Yeruham and R. Sonnenfeld that they have not behaved in a manner befitting Torah scholars.

 

 

See also this letter in Iggerot ha-Re’iyah, vol. 4, no. 201, where R. Kook mentions that R. Yitzhak wanted to be appointed rav of Jerusalem, and that out of respect for him and his late father, R. Diskin, R. Kook delayed accepting the offer to become rav of Jerusalem.

 

Regarding R. Yitzhak Yeruham, it is worth noting that when he was still in Europe, he was regarded as a very modern person who dressed in European fashion, knew French, and valued secular studies. It is even reported that he identified as a Zionist. This all changed when he came to Eretz Yisrael.[15]

Since this post has dealt with the Aderet as well as various women, it is a good place to note that R. Baruch Epstein mentions that the sister of the Aderet was quite learned and that a comment of hers was published in the Odessa Torah journal Yagdil Torah.[16] I searched Yagdil Torah on Otzar ha-Hokhmah but could not find what Epstein referenced. I thank Eliezer Brodt for solving this mystery, as he called my attention to where the Aderet mentions his sister, in Yagdil Torah, vol. 9, no. 128. This issue is not found on Otzar ha-Hokhmah, and must be what Epstein was referring to.

Brodt also mentioned to me that in his Zekhor le-David, pp. 69-71, the Aderet has a list of learned women mentioned in rabbinic literature.

2. In the prior post I mentioned that, while studying in Israel, the first sefer I read was written by R. Moshe Zuriel. Not that anyone is wondering, but the second book I read was Zvi Glatt’s posthumously published Me-Afar Kumi.

This book focuses on the importance of living in Eretz Yisrael and is divided into halakhic and aggadic sections. For those who don’t know, Glatt, who was a student at Merkaz ha-Rav, was killed in a terrorist attack in Chevron. Of particular interest is the chapter where Glatt takes issue with R. Moshe Feinstein’s position that living in Israel is a mitzvah kiyumit rather than an obligatory mitzvah. R. Moshe wrote a haskamah to Me-Afar Kumi and responds to Glatt’s discussion, stating that he thinks that Glatt went too far (הפריז על המדה) and that he sees no reason to retract his view.

Also of note are the approbations from R. Avraham Shapiro and R. Shaul Yisraeli, roshei yeshiva at Merkaz ha-Rav. R. Yisraeli notes that Glatt, who could have studied at great yeshivot in the U.S., chose to come to Israel. Glatt could not understand why religious Jews in the Diaspora, by and large, choose to ignore the very important mitzvah of settling the Land of Israel, and it was this focus on Eretz Yisrael that led him to write the sefer.

From a halakhic perspective, the most important aspect of the sefer is the appendix by R. Avraham Shapiro, in which he takes issue with R. Moshe’s opinion. According to R. Shapiro, when it comes to mitzvot mentioned in the Torah, there is no concept of a mitzvah kiyumit as advocated by R. Moshe (namely, that there is no obligation to live in Eretz Yisrael, but if you do, you fulfill a mitzvah and receive reward). Some have compared R. Moshe’s view to the wearing of tzitzit, where there is no obligation to wear them unless you choose to wear a four-cornered garment. Yet R. Shapiro states that tzitzit is absolutely a mitzvah hiyuvit (an obligatory mitzvah). True, one can choose whether to wear a four-cornered garment, but once one puts it on, tzitzit is now an obligation. My question to the learned readers is: Is R. Shapiro correct in saying that there is no concept of a mitzvah kiyumit about one of the 613 mitzvot? Isn’t shehitah an example of a mitzvah kiyumit? You don’t have to eat meat, but if you choose to, you can fulfill the mitzvah of shehitah. Furthermore, in criticizing R. Moshe’s position, R. Shapiro refers to the mitzvah of living in Eretz Yisrael as one of the 613 mitzvot, which makes the concept of it being a mitzvah kiyumit problematic. Yet there is no reason to think that R. Moshe regarded living in Eretz Yisrael as one of the 613 mitzvot, and that is precisely why it could be regarded as a mitzvah kiyumit.

It appears that the Vilna Gaon has the concept of mitzvah kiyumit in mind when he speaks of eating matzah on all days of Passover as a mitzvah but not an obligation, as only on the first night is there an obligation. It seems that he regards the eating of matzah after the first night as a mitzvah kiyumit. Here is how his view is described in Ma’aseh Rav, no. 185:

“שבעת ימים תאכל מצות”, כל שבעה מצוה, ואינו קורא לה רשות אלא לגבי לילה ראשונה שהיא חובה, ומצוה לגבי חובה רשות קרי לה. אעפ”כ מצוה מדאורייתא הוא

Hizkuni makes a similar point in his commentary to Ex. 12:18:

יש לך דברים שמקבלין שכר בעשייתן ועונש כשאין עושין אותן, כגון מצה בלילה הראשון, ויש לך דברים שאין מקבלין שכר בעשייתן ועונש כשאין עושין אותן, כגון מצה מליל ראשון ואילך, ומ”מ מצות תאכלו שבעת ימים כתיב, כלומר אם אכל מצה כל שבעת הימים מכל מקום קיים הוא הפסוק זה של: שבעת ימים מצות תאכלו

3. In my new book on Rav Kook, available here, I discuss how R. Isaac Herzog struggles with the conflict between the biblical record of how long humanity has been on earth and the historical record accepted in the academic world. I cite several of his letters on this topic, in which he suggests that it could be that the Torah’s “history” at the beginning of Genesis is not meant to be regarded as factual.

Only after the book was already near publication did I find another letter from R. Herzog on this very issue, which I share with you now.[17]

The original letter, which R. Herzog would have signed, was sent to R. Zev Gold and is dated December 30, 1952. R. Herzog made copies of the letter, which he must have also distributed, and that is how it made its way to R. Moshe Zvi Neriah, where I found it among his papers.

R. Herzog focuses on his often-discussed—but never realized—plan to write a modernGuide of the Perplexed, addressing new intellectual problems that have arisen for traditional Jews. Without a proper response to these issues, people might be led to deny the doctrine of Torah from heaven. R. Herzog tells R. Gold that his approach in dealing with conflicts between what appears in the Torah and the historical record as established in the academic world is based on two principles:

  1. The Torah speaks in the language of man. What this means is that the Torah can describe matters in the way they were generally understood by people at the time the Torah was given, even if this is not strictly factual. In Renewing the Old, Sanctifying the New, I cite a letter from R. Herzog to Aron Barth where he makes the same point.
  2. Maimonides’ statement in Guide for the Perplexed 2:25, where he asserts that he would be able to explain the Torah in accord with the doctrine of the eternity of the world, should this idea be proven.[18] In other words, if there is a proven fact in contradiction to the Torah’s simple meaning, then the Torah needs to be reinterpreted.

R. Herzog tells us that the most pressing intellectual challenge to Jewish traditional faith comes from archaeology. So, for instance, if we know from archaeology that there were communities of humans 10,000 or 100,000 years ago, and this is a fact—not just a theory—then, in line with Maimonides’ guidance, we would have to reinterpret the Torah’s chronology which puts humanity on earth for under 6000 years. While in R. Herzog’s time, people in the religious world were focused on the scientific view of a universe billions of years old versus the Torah’s record of when creation occurred, or what to do with dinosaurs that predate the Torah’s account of creation, R. Herzog was focused on a more problematic matter which, for some reason, did not get the same attention: If the historical record shows that people have been living continuously all over the world for a lot longer than 6000 years, what are we to do with the biblical record that places humanity in the world for less than 6000 years? What are we to make of the biblical idea that everyone is descended from Adam and Eve, and also descended from Noah? How are we to understand the stories of the Flood and Tower of Babel?

These are issues that cannot be answered with the famous Midrash that God created worlds and destroyed them, because R. Herzog is concerned with the current world and how long humanity has been part of it. He recognizes that there are passages in the Torah that might need to be reinterpreted in a non-literal fashion. What he is struggling with is what the religious boundaries are, beyond which one cannot go. In other words, when can you interpret the Torah in a non-literal fashion, and when not? Or, to put the matter differently, beginning with which chapter in Genesis must we assume that the Torah is speaking historically and, therefore, non-literal interpretation is not permitted? This was to be a major focus in R. Herzog’s planned work, which, to our great misfortune, was never authored.

He adds that philosophy will also have to be a part of this book. Knowing that this was not one of his many areas of specialty, he points to R. Joseph B. Soloveitchik as the only person in the generation who could make a vital contribution to his project from the philosophical side. While R. Herzog would focus on the historical problems I have just mentioned, R. Soloveitchik would provide a Jewish response to philosophical challenges.

2. In the last post I noted how the Chafetz Chaim wondered how he could eat at inns if the owners did not tovel their dishes. He did not question the kashrut of the food, and we see both then, and today, that one can be regarded as strict in matters of kashrut while not toveling one’s dishes, which for some reason has not always been regarded by all as an important halakhah.[19] We also find regarding other halakhic matters that people who are strict in one sphere do not necessarily lose their halakhic reliability if in a different area their halakhic observance leaves something to be desired.[20]

Based on this notion, we can understand the following 1955 letter from R. David Grunwald, rav of Santiago, to R. Jehiel Jacob Weinberg.[21]

R. Grunwald wanted to know whether one can rely on the kashrut of the owner of an inn if the man also serves non-kosher wine to the guests. Today, people would find the question incomprehensible, but it wasn’t that long ago when many otherwise observant Jews were not careful about kosher wine.[22] It is also important to note that R. Grunwald was referring to the old type of inns where people ate there because they trusted the kashrut of the owner. These establishments did not have any official hashgachah.

R. Grunwald refers to a famous responsum of R. Akiva Eiger, no. 96, where R. Eiger notes that Jews who shave with a razor are still able to be accepted as witnesses in a beit din. This is because shaving with a razor was so common in the Orthodox world, that people who did so did not realize how serious the prohibition is.

י”ל דהשחתה בתער דנתפשט בעו”ה אצל הרבה לא חשב שזהו איסור כ”כ דלא משמע להו לאינשי דאסור, וכאשר באמת נזכר בג”ע דהשיב להמוכיח שהרבה אנשים חשובים עושים כן, וכיון דבאמת פשתה המספחת בזמנינו גם לאותן הנזהרים בשאר דברים נדמה להם דאינו איסור כ”כ

If R. Eiger adopted this approach with the Torah prohibition of shaving with a razor, all the more so, R. Grunwald suggests, that it should apply to the rabbinic prohibition of non-kosher wine. This would mean that religious Jews could stay at the inn in question, enjoy the food, and simply avoid the non-kosher wine. Yet not willing to make this decision on his own. R. Grunwald turned to R. Weinberg, and unfortunately we do not know if R. Weinberg replied.[23]

Related to R. Grunwald’s question, I was told that in its final years, Grossinger’s hotel offered non-kosher wine in the dining room. I don’t know if this was after R. Chavel’s passing in 1982. (The hotel continued until 1986). There used to be a restaurant in a major European city that was kosher, but the bar in the restaurant served non-kosher wine. The philosophy of the hashgachah (which was not a weak hashgachah) was that they are giving a hashgachah on the food. What happens at the bar is not their concern, and if someone brings a glass of non-kosher wine to the table that also is not their concern. This is not something that would ever be allowed by mainstream hashgachot in America, but in places without large observant Jewish populations, sometimes the rabbis feel they have to adopt a different approach in order to enable a kosher restaurant to be viable. Some years ago, there was a kosher Indian restaurant under the hashgachah of the late R. Yaakov Spivak. This restaurant allowed people to bring their own bottles of wine (maybe because it didn’t have a liquor license and thus couldn’t provide kosher wine). I asked R. Spivak why he allowed this, and he replied simply that there is no halakhic issue if people bring their own non-kosher wine. Again, this is not something that a mainstream U.S. hashgachah would allow.

Returning to the Aderet’s report of the Chafetz Chaim asking about eating in kosher inns where the dishes were not toveled, when I read that I thought of something similar. In the past, I have written about various kosher establishments that were not under hashgachah, but people ate there because they trusted the owners. Perhaps the most famous of these places was Sam Schechter’s and Leo Gartenberg’s Pioneer Country Club in Greenfield, N.Y. The kashrut there was trusted by all, and Agudath Israel held its annual conventions there. Here is a picture I published some years ago.[24]

The picture was taken at the wedding of R. Moshe Dovid Tendler’s daughter, Rivka, to R. Shabtai Rappaport. The man on the left is R. Isaac Tendler, R. Moshe Dovid’s father. The wedding took place at the Pioneer on June 17, 1971. I thank Jack Prince who was at the wedding for allowing me to make a copy of the picture in his possession.

Regarding the Pioneer Country Club, I think the younger readers will have a hard time understanding not only how even the most religious would stay at a hotel without a hashgachah, but the Pioneer also had mixed swimming and evening entertainment, including mixed dancing and women singers. (I wonder if out of respect, these things did not take place during the Agudah conventions.) It was a different era and people of different religious levels were happy to stay together in one resort.[25] I am sure many readers from my generation and older remember Grossinger’s which was the same sort of place, although, as mentioned, Grossinger’s was under R. Chavel’s hashgachah.

I bring all this up because of a fascinating tape of R. Fabian Schonfeld discussing R. Aharon Kotler available here. At minute 22:25 he tells how R. Aharon was at the Torah u-Mesorah convention which was held at the Pioneer. R. Aharon learned that the kitchen was not careful with having a Jew light the pilot light. R. Aharon explained to Gartenberg what the halakhah required in this matter. and he trusted Gartenberg that from that point on there would be no bishul akum issues. Today, such a scene would be unimaginable, as the mashgiach would be careful about this matter, but as mentioned already, we are talking about a different era.

I wonder if the general practice among Orthodox Jews in America in those days was to rely on either the view of R. Abraham ben David that there is no bishul akum when a non-Jew cooks in a Jew’s home, or the view held by others that there is no bishul akum with hired help.[26] According to R. Moses Isserles, although the halakhah is not in accord with R. Abraham ben David’s view, bediavad, food cooked by a non-Jew in a Jew’s home can be eaten. He then adds the following which might explain how a more lenient approach to bishul akum developed than what is standard today:

ואפילו לכתחלה נוהגין להקל בבית ישראל שהשפחות והעבדים מבשלים בבית ישראל כי אי אפשר שלא יחתה אחד מבני הבית מעט

See also here where R. Schonfeld recollects about the early history of Jewish Kew Gardens Hills. He recounts that the only halakhically reliable kosher butcher was the Main Street Kosher Meat Market owned by Mr. Herman. This was not under hashgachah, but since, R. Schonfeld tells us, Mr. Herman was known as a pious Jew, “this was the only one [butcher] at that time that we could tell people you can buy [from]”

* * * * * * *

[1a] Regarding censorship of Seder Eliyahu, see Dan’s earlier post here and also the discussion here.
[1b] See R. Raphael Mordechai Barishansky, Mikhtavim Mehutavim, pp. 167ff., where he responds to the Rogochover’s demeaning comment about the Vilna Gaon. I published the Rogochover’s interview, which so upset Barishansky, in the Jewish Review of Books, Summer 2017, available here.
[2] Readers will probably be thinking about how great rabbis spoke of the early hasidic leaders, R. Moses Hayyim Luzzatto, and R. Jonathan Eybschuetz. Another example is how great rabbis spoke about the leaders of the Mussar movement. My 19-part series on the Mussar Dispute is available on youtube here.
[3] Interestingly, in R. Jacob Joseph’s haskamah to R. Shalom Israelson, Neveh Shalom (Chicago, 1905), he refers to the Aderet as his friend. This point is also mentioned here.
[4] The first title page has the year 1897, but the second title page has 1898. Rabbi Mendel Moinster’s haskamah is dated Nov. 28, 1898, so it is possible that the book was only published in 1899.
[5] Regarding her, see most recently Menachem Keren-Kratz and Motti Inbari, “The Sociological Model of Haredi Rebbetzins: ‘Two-Person Single Career’ vs. ‘Parallel-Life Family,’” AJS Review 46 (2022), pp. 270-290.
[6] I have not been able to determine when the name “Moses” was added to his first names.
[7] Nov. 2, 1906, p. 3 (Issue 8:10). See also the eulogy for her in Hashkafah, Oct. 19, 1906, pp. 2-3 (Issue 8:6). There is something very unusual about this paper. Here is the first page of the November 2, 1906, issue.

Look at the date: 14 Heshvan 1838. Rather than using the date from Creation, Ben Yehuda used the years since the destruction of the Temple, which he assumed to be the year 68.
[8] In this regard, I would like to call attention to another interesting reference to a woman that I learned about from R. Dov Katz, Tenuat ha-Mussar, vol. 2, pp. 107–108. In 1938, R. Moshe Rosenstein, the mashgiach of the Lomza Yeshiva, published the second volume of his work Yesodei ha-Da’at. In the introduction, he mentions three teachers to whom he owes so much: R. Zvi Braude, R. Yerucham Levovitz, and R. Shimon Shkop. He then refers to his fourth “teacher,” Nechama Liba, the daughter of R. Simhah Zissel of Kelm, describing her as a great student of her father and emphasizing how much he learned from her.

Such a description would never appear in haredi literature today. First of all, the very notion that a yeshiva leader mentions learning so many things from a woman—והרבה הרבה למדנו ממנה— would not be allowed to appear in print. Also, look at his description of how he observed her wisdom and piety:

והיה לי ההזדמנות להתבונן על דרכיה ומנהגיה ותהלוכתיה בחכמה ויראת ה’ ומעשיה הטובים

I believe that today such a description would be regarded as lacking in tzeniut, as it showed that he paid attention to the actions of a woman.
[9] See Margalit Shilo, Princess or Prisoner, trans. David Louvish (Waltham, 2005), p. 78, and here.
[10] Elimelekh Weissblum, Havai Tzefat (Tel Aviv, 1969), p. 34, translated in Shilo, Princess or Prisoner, p. 78. See also here.
[11] See R. Michael Abraham’s post here. Regarding women cleaning for Passover, in a comment to Abraham’s post, a reader referred to the following fascinating passages in R. Moses Sofer’s responsa.

She’elot u-Teshuvot Hatam Sofer, vol. 1, Orah Hayyim, no. 136:

והיותי חוץ לחדר לימודי כי גרשוני נשים צדקניות המכבדים ליום טוב של פסח על כן לא יכולתי להאריך ככל הצורך

She’elot u-Teshuvot Hatam Sofer, vol. 6, no. 30:

יקרת מכתבו הגיעני בימים האלו ימי טלטולא דגברא דהני נשי דידן מפנים חפצים מזוית לזוית אפילו ספרים אינם מוכנים לי לעיין

[12] Harlap, Hed Harim (Elon Moreh, 1997), pp. 94-95.
[13] Kook, Iggerot ha-Re’iyah, vol. 3, p. 306.
[14] See R. Frank’s letter in R. Hayyim Hirschensohn, Malki ba-Kodesh, vol. 4, pp. 22-23, where he explains the situation in Jerusalem, and how the extremists controlled Rabbis Sonnenfeld and Yitzhak Yeruham Diskin.
[15] See Menahem Mendel Porush, Be-Tokh ha-Homot (Jerusalem, 1948), pp. 199ff., Or Hadash 17 (2012), pp. 68ff. R. Yitzhak Yeruham’s father, R. Diskin, was also more open-minded before he moved to Eretz Yisrael. See the valuable post by Zerachya Licht here and his earlier post here.
[16] Mekor Barukh, vol. 4, pp. 1957-1958.
[17] The letter is found in the Moshe Zvi Neriah Archive, Israel National Library, ARC.4*21300411.
[18] For my understanding of Maimonides, which diverges from that of R. Herzog and what seems to be the standard approach, see my Seforim Blog post here. I argue that Maimonides was only prepared to accept Plato’s view of eternal matter, but not Aristotle’s view of the eternity of the universe, though Maimonides acknowledges that the biblical verses can be read in accord with Aristotle’s approach.
[19] Perhaps there is a limud zekhut for these people in that the Rogochover held that utensils produced by non-Jews for commercial purposes do not require tevilah. See Tzafnat Paneah, Ma’akhalot Asurot 17:3 (called to my attention by Rabbi Sholom Berger). R. Abraham Price reacted with shock at this radical ruling which completely abolishes the whole concept of tevilat kelim in the modern world. See his edition of the Sefer Mitzvot Gadol, vol. 2, p. 444:

ונדהמתי לראות דברים כאלו כתובים מידי גאון אדיר, כי לפי דבריו בזמנינו בטל כל דין של טבילת כלים, שיש הרבה ראשונים הסוברים שהוא דאורייתא כדלעיל. שהרי כמעט כולנו קונים רק כלים הנעשים בבית תוצרות של נכרים ואין אחד מן רבבה שיקנה כלים ממה שהנכרי עשה בשביל עצמו. ודברים הנ”ל של הצ”פ הם כנגד דברי הש”ע וכנגד כל הראשונים

R. Price says that the Rogochover’s view is against “all therishonim.” Yet see R. Yehoshua Ben-Meir,Mi-Pekudekha Etbonen, pp. 276-277, who argues that the Rogochover’s view is also held by Rashi, Rashba, and Ritva.

See also R. Menasheh Klein, Mishneh Halakhot, vol 5, no. 110 (end), who mentions the Rogochover’s view and is not prepared to accept it. However, he raises the question about utensils that are produced by machine, and all the non-Jew does it touch a button. R. Klein think that it is possible that in such a case tevilah is not required, although he does not rule this way in practice.

Even as we continue to tovel dishes produced by non-Jews for commercial purposes and also by use of machine, I wonder if the doubts that have been raised mean that all toveling should be done without a berakhah. I have not seen any posek make this point.
[20] See R. Shmuel Khoshkerman’s responsum in Sefer Zikaron Penei Moshe, pp. 289ff., where he permits a man who is careful about Shabbat, kashrut and tefillah, but does not observe taharat ha-mishpahah, to serve as a kashrut mashgiach. Among the sources he cites is Shulhan Arukh, Yoreh Deah 2:7: מומר לערלות דינו כמומר לעבירה אחת

He also cites Yoreh Deah 119:7:

מי שהוא מפורסם בא’ מעבירות שבתורה חוץ מעבודת כוכבים וחלול שבת בפרהסיא או שאינו מאמין בדברי רבותינו ז”ל נאמן בשאר איסורים ובשל אחרים נאמן אפילו על אותו דבר לומר מותר הוא

He further cites R. Yitzhak Zilberstein, Hashukei Hemed, Bekhorot 30b, who thinks that someone who does not wash before eating bread is not to be disqualified from serving as a mashgiach. This is because his personal sins do not affect his feeling of responsibility to the community, and there is no reason to think that he would allow others to eat non-kosher just because he is not careful with netilat yadayim. R. Zilberstein does, however, cite his brother-in-law R. Chaim Kanievsky, who disagreed.

R. Khoshkerman explains his own lenient view:

והנה עינינו הרואות שהרבה אנשים זהירים בכשרות יותר מטהרת המשפחה, כיון שהוא יודע שאם הוא לא יהיה זהיר בכשרות הוא חוטא ומחטיא את הרבים, אבל בדיני טהרת המשפחה רק הוא חוטא. לפיכך נראה שיכולים לסמוך עליו. ועוד שאינם יודעים גודל חומרת האיסור של טהרת המשפחה, אבל על כשרות המטבח הם מקפידים, וכן על מצוות אחרות כגון שבת טלית ותפילין

R. Khoshkerman concludes:

המורם מכל האמור: שאדם שחשוד על טהרת המשפחה, אינו חשוד על כשרות, ולכן יכולים לסמוך עליו בתור משגיח כשרות. אבל רק בתנאי שהוא שומר מצוות אחרות כמו תפלה, טלית ותפילין ושבת, ורק על ענין טהרת המשפחה הוא עובר, או מפני שאינו יודע שזה דבר חמור, או מסיבות אחרות

R. Shalom Mordechai Schwadron, She’elot u-Teshuvot Maharsham, vol. 2, no. 62, already wrote as follows (and R. Khoshkerman will no doubt see this as support for his conclusion):

 די”ל שמ”מ לאינשי חמיר טפי איסורי מאכלות ועינינו רואות בכמה נשים שאין טובלות לנדתן ועוד כהנה ובכ”ז נזהרין מאיסורי מאכלות

I would also add that R. Moses Isserles’s words in Yoreh Deah 119:7 are relevant:

מי שהוא חשוד בדבר דלא משמע לאינשי שהוא עבירה לא מקרי חשוד

[21] The letter is found in Ganzach Kiddush ha-Shem in Bnei Brak.
[22] R. Aharon Rakeffet has often told about his shock in discovering, soon after being hired in 1961, that congregants at the Lower Merion Synagogue, his first rabbinic pulpit, drank non-kosher wine. He would have found the same thing at Modern Orthodox synagogues across the country. Rakeffet has also recorded his story in From Washington Avenue to Washington Street (Jerusalem, 2011), pp. 167-168. I discuss Jews drinking non-kosher wine in Changing the Immutable, and will return to it in a future post
[23] Jews shaving with a razor is also mentioned by R. Ezekiel Landau, Noda bi-Yehudah, Orah Hayyim Tinyana, no. 101, and R. Moses Sofer, She’elot u-Teshuvot Hatam Sofer, Orah Hayyim, no. 154: בעו”ה רבו המשחיתים בעם בתער

This was a such a problem among otherwise observant Jews in early twentieth-century America that R. Hayyim Hirschensohn tried to come up with a heter for shaving with the modern T-shaped razors. See Hiddushei Ha-Rav Hayyim Hirschensohn, vol. 3, no. 12. R. Hirschensohn’s position is discussed by R. Nachum Rabinovitch, Melumdei Milhamah, pp. 283-284.
[24] For stories of R. Moshe Feinstein and the Pioneer Country Club, see R. Yaakov Heftler (Leo Gartenberg’s son-in-law), “Zikhronot,” Kol ha-Torah 54 (2003), pp. 67ff. One story Hetfler describes is how his father passed away on the Shabbat of his aufruf, which took place at the Pioneer with some 250 guests in attendance. The wedding was supposed to be on Sunday. However, R. Moshe Feinstein, who was at the hotel in honor of the simhah, ruled that the funeral should be postponed to Monday and the wedding should take place on Sunday, when Heftler was an onen.

Here is the report about the wedding in Ha-Pardes, Tishrei 5720, p. 47.

[25] There was a well-known askan named Julius Steinfeld. You can read about him here. He did amazing things during the Holocaust and was responsible for saving thousands of Jews. I mention him here because he was very upset that the Agudah had their convention at the Pioneer and wrote a very sharp letter of protest. He even rejects the entire concept of a convention in which both men and women are in attendance.

[26] See Tosafot, Avodah Zarah 38a, s.v. Ela mi-de-Rabbanan, and the wide discussion of R. Ovadiah Yosef, Yehaveh Da’at, vol. 5, no. 54.




R. Moshe Zuriel, the Aderet, Sonya Diskin, and ChatGPT

 R. Moshe Zuriel, the Aderet, Sonya Diskin, and ChatGPT

Marc B. Shapiro

1. It is hard to believe that more than a year and a half has passed since R. Moshe Zuriel was taken from us. At the time of his passing, I intended to write a lengthy appreciation of him, but I was never able to get around to it. Still, I feel compelled to say something about R. Zuriel, if only to express my hakarat ha-tov for all that I learned from him. Although we never met, we exchanged numerous emails. It reached the point where, whenever I had a question about a passage in R. Kook, I would turn to him. I was also happy to arrange for three of his posts to appear on the Seforim Blog—see here.

Although R. Zuriel was my senior both in age and certainly in wisdom, he honored me by treating me like an old friend. Here is just one sample from an email he sent to me.

Your reference to Rabbi Hirsch’s praises for Schiller’s writings is a Godsend for me. I am elated at his words.

I myself was born in Frankfort am-Main, and consider myself an avid follower of his teachings, which strike a chord in my heart. The expressions in this Memorial Speech are something fabulous. Thank you again for bringing this to my attention. Rav Kook too speaks many a time about Universal Values, which are evident here and there in the Gentile Communities. We must have a link to our fellow humans.

Before we started communicating by email, we sent old fashioned letters. Here is one letter from December 2003. R. Zuriel followed Rav Kook’s approach—discussed by me in The Old Will be Renewed, the New Will be Sanctified—that the Sanhedrin will be able to actualize new moral and religious insights that have become apparent. These moral and religious insights should be viewed as Torah truths that were revealed gradually over time, meaning that we have advanced from the morality at the time of the giving of the Torah. The Sanhedrin will have the final say as to when we are dealing with authentic Torah values vs. non-Jewish values that people are trying to insert into Jewish life.


 

Here are two other letters from R. Zuriel where you can see his strong religious spirit.

Here is the final part of another letter he wrote me.

I first heard of R. Zuriel when I was a student at Beit Midrash le-Torah (BMT) in 1984–1985. I happened to find his sefer, Beit Yehezkel: Hilkhot Deot, on the shelf. I knew nothing about the author but found the book interesting and began to go through it. I never told R. Zuriel that this was the first sefer I ever went through. In school, we studied Chumash and Gemara, but I had never before picked up an independent sefer and tried to work through it on my own.

One day, while I was learning the sefer, someone noticed and mentioned that there was something controversial in it—namely, that R. Zuriel praises kippot serugot. Even then, I was interested in controversial texts, and I carefully combed through the book, unsuccessfully trying to find the page where he offered this praise. I later heard this story on other occasions as well, so I assumed that the volume I had been using had been censored and that the provocative passage had been removed. That was undoubtedly my first experience with what I thought was a censored text. Maybe that moment planted the seeds that would only come to fruition decades later in Changing the Immutable.

It was only many years later that I learned R. Zuriel had published two books under the title Beit Yehezkel, and lo and behold, I eventually found the passage about kippot serugot on p. 194 of the first edition.

Incidentally, I think many will be surprised to learn that R. Zvi Yehudah Kook—whose yeshiva and followers became such an important force in the kippah serugah world—actually preferred a black kippah over a kippah serugah, not just for himself but for everyone. It is true that he did not make a big deal about it, but we need to be honest about his opinion. Even when presented with two students, one wearing a small black kippah and the other a large kippah serugah, he expressed his preference for the black kippah.[1]

In fact, R. Zvi Yehudah would have even preferred that students at Merkaz ha-Rav wear a hat and jacket, though he never made an issue of it. He did, however, tell at least some of his students who became rabbis that they should wear rabbinic garb—which today generally means a black suit and hat. He wasn’t entirely consistent in this regard, and I suppose that explains the varied styles of dress among his rabbinic students: some look no different than haredi rabbis, others wear a kippah serugah along with a hat, and still others wear a kippah serugah without a hat.[2]

For those who want to learn more about R. Zuriel, his website can be found here. It is truly remarkable to see the vast array of books he published, covering so many different areas of Torah.[3] You will also find there the three volumes of writings by Naftali Hirz Wessely, including material from manuscript, which R. Zuriel published. Interestingly, his name does not appear in these volumes as the one who prepared them for publication. Instead, he used pseudonyms—likely to avoid becoming embroiled in controversy. Yet it is worth noting that, in the years before his death, he began writing about Wessely under his own name and openly defended his decision to publish Wessely’s works. See here.

Missing from his website is his first edition of Wessely’s Sefer ha-Midot, which was published in 2002. The site only includes the later edition, which incorporates previously unpublished material. Yet the first edition is extremely valuable and deserves to be uploaded as well. This is because it contains a lengthy introduction that establishes the religious acceptability of Wessely, citing numerous great rabbis who referenced him positively. (For examples of censorship involving Wessely in the reprinted works of R. Moses Schick and R. Samson Raphael Hirsch, see my post here.) This introduction is significantly different from the one that appears in the second edition. While most of it is also found in the introduction to R. Zuriel’s edition of Wessely’s Yein Levanon (written under the pseudonym Yaakov Segal), for some reason, the version of Yein ha-Levanon on the website omits this entire introduction. Also missing is R. Hayyim Druckman’s haskamah and a letter from Wessely that originally appeared in the first publication of Yein Levanon (Berlin, 1775).

What is particularly noteworthy is that the first edition of Sefer ha-Midot includes a haskamah from R. Zuriel himself, in which he seeks to establish the legitimacy of Wessely. I don’t know—and unfortunately never asked R. Zuriel—why, if he was willing to write a haskamah for Wessely’s book, he wasn’t also willing to identify himself as the editor. The haskamah is formally addressed to “Rabbi Hayyim Lifshitz,” the supposed editor of the book—but Lifshitz is a fictional figure, and the lengthy introduction attributed to him was, in fact, written by R. Zuriel.

When it comes to an author providing a haskamah to his own work published anonymously or under a pseudonym, we do have precedent. R. EliyahuDavid Rabinowitz-Teomim (the Aderet) did this with the only two, of his over 120 works, that were published in his lifetime. In 1889 he published Zekher la-Mikdash (on Hakhel). Here is the title page from the first printing (later printings include the Aderet’s name). In his autobiography, the Aderet mentions writing the book.[4]

On the title page, instead of an author’s name, it states: חובר מאת פלאי. This is clearly intended to evoke Judges 13:18, where the angel says to Manoah, “Wherefore askest thou after my name, seeing it is hidden (פלאי)?” What’s puzzling is that the title page spells it as פלאי—with an apostrophe between the last two letters—rather than the more straightforward פלאי. It has been suggested that the final three letters allude to the author’s name, “Elijah” (אלי), and that the פ stands for Pinhas, since Pinhas is traditionally identified with Elijah.[5] But to me, this interpretation feels far-fetched.

Here is the haskamah which is followed by the Aderet’s many notes to the book, as if he is commenting on someone else’s sefer.

In 1893 the Aderet anonymously published Aharit ha-Shanim (on the law of Vidui Ma’aser). Here is the title page of the first printing (subsequent printings include the Aderet’s name).

This book is also mentioned in the Aderet’s autobiography.[6] Unlike in Zekher la-Mikdash, in Aharit ha-Shanim there is a hint in the Aderet’s introduction to his authorship (emphasis added):

עכ העלמתי שמי והליטותי פני באדרתי לבל ישאו פני

Furthermore, anyone who looks up the biblical verse which is the origin of the expression והליטותי פני באדרתי will find that it is in 1 Kings 19:13 and describes Elijah wrapping his face in his mantle. The Aderet’s first name is Elijah, so this is obviously also an allusion to the author’s identity.

Here is the Aderet’s haskamah to this book. As with Zekher la-Mikdash, the haskamah is followed by many pages of notes to the book, under the heading Devar Eliyahu.

I assume the Aderet must have felt somewhat awkward referring to himself as ha-ma’or ha-gadol (המאוהג), yet everyone understands that such honorifics are expected in haskamot. In fact, had he not used this kind of language, he might well have been accused of failing to show proper respect for the author—since people did not know that he himself was the author.

In 2005, Aharit ha-Shanim was reprinted by Ahavat Shalom, and they were fortunate to have access to the Aderet’s own copy, which contains many additional marginal notes. These were included in the new edition.

I found another case where the author wrote a haskamah to his own book, but as you can see, the haskamah is not a typical haskamah.

Here is the title page of R. Yaakov Goldman’s Peret ve-Olelot (Jerusalem, 1930).

Here is the haskamah.

Speaking of the Aderet and haskamot, here is a chance to deal with a report that has assumed legendary status in the Merkaz ha-Rav world. R. Zvi Yehudah Kook claimed that the lengthy haskamah of the Aderet for the Chafetz Chaim’s Likutei Halakhot was actually written by R. Kook.

Here is the haskamah:

 

The story told by R. Zvi Yehudah and recorded by R. Moshe Zvi Neriah in Sihot ha-Re’iyah, pp. 123-124, is as follows: R. Kook visited his former father-in-law, the Aderet, while the Aderet was serving as the rav of the city of Mir. During this visit, a letter arrived from the Chafetz Chaim requesting a haskamah for his new book, Likutei Halakhot. He wished to have the haskamah sent as soon as possible, even on the very day his letter arrived, and included some portions of the book. The Aderet was very impressed and showed R. Kook what the Chafetz Chaim had sent. Due to his busy schedule, the Aderet was unable to write the haskamah that day, so he asked R. Kook to write it. R. Kook wrote the impressive haskamah that was later printed.

After R. Kook wrote the haskamah, the Aderet read it over and was ready to sign it. However, he stated that he could not take credit for a Torah explanation suggested by R. Kook, so he altered the text of the haskamah, attributing the explanation to R. Kook, the rav of Bausk. This haskamah is the very first one in Haskamot ha-Re’iyah (Jerusalem, 2017).

It is a very nice story, but is it true? Let me present a source that seems to contradict what R. Zvi Yehudah reported. In the Aderet’s autobiography, Seder Eliyahu, p. 100, the Aderet recounts how, due to a dispute in his city, the Chafetz Chaim came there to try to make peace. The Aderet then writes that a couple of weeks later he wrote the haskamah for Likutei Halakhot.

אז נתתי הסכמתי על ס‘ לקוטי הלכות להגהצ בעל חח שליטא

Presumably, it was when the Chafetz Chaim visited the city that he gave the Aderet his work. If R. Kook had written the haskamah, wouldn’t the Aderet have mentioned it in his memoir? Furthermore, in R. Kook’s Eder ha-Yekar, p. 47, he says the following about his father-in-law:

כל הספרים הרבים שנתן עליהם הסכמתועבר עליהם מראשית עד אחרית וברוב העיר עליהם הערות

According to R. Kook, the Aderet would not give a haskamah unless he had read the entire book. However, the story as told by R. Zvi Yehudah suggests that the Aderet gave a haskamah without having gone through the book.

Based on the two points I have mentioned, I think it is legitimate to raise questions about the story told by R. Zvi Yehudah. It would make more sense to assume that the Aderet wrote the haskamah while R. Kook was in Mir and that the Aderet discussed the haskamah with R. Kook (which would explain the mention of R. Kook in the haskamah). But it is hard to reconcile R. Zvi Yehudah’s story with the Aderet’s own testimony in his memoir or with R. Kook’s description of how the Aderet would study a book before giving his haskamah.

A completely different version of the story involving the Aderet, R. Kook, and the haskamah was told by R. Kook’s nephew, R. Refael Kook. In his version, the haskamah was written by R. Kook for another book by the Chafetz Chaim, Nidhei Yisrael. Here is the story as found in Simcha Raz’s An Angel Among Men.[7]

When the Chafetz Chayim zt”l finished writing Nidchei Yisrael, he came to the Aderet (R. Eliyahu David Rabinowitz-Te’omim) to receive a letter of approbation for the book.

The Aderet kept the book’s proof sheets in order to look through them before writing his approbation. Unfortunately, however, he came down with pneumonia and was quite ill for several weeks. During that time, the Chafetz Chaim came back to receive the approbation he so anxiously waited for. The Aderet’s doctor, however, forbade him to exert himself in any way; so he was unable to write the letter.

The Chafetz Chayim was very disappointed, having made the trip just for the approbation. Don’t worry,” said the Aderet. “I just married off my daughter to R. Avraham Yitzchak HaKohen Kook, who is greater than me in many areas. He will write the letter, and I will sign it.”

And so it was: The Rav wrote an approbation for Nidchei Yisrael and the Aderet signed it, thus forging a strong bond of friendship between the Chafetz Chayim and Rav Kook.

In this version, the Aderet says that R. Kook had just married his daughter. This is obviously incorrect as the Aderet’s haskamah to Nidhei Yisrael is dated 1894. Yet R. Kook married his daughter in 1886 and she passed away in 1889. In 1894 R. Kook was married to the niece of the Aderet, the daughter of his twin brother, R. Zvi Yehudah Rabinowitz-Teomim.

Here is the haskamah to Nidhei Yisrael.

In the Torah journal Me-Avnei ha-Makom 15 (2003), pp. 15-17, a section from the Aderet’s still unpublished 1878 work Oznei David appears. The Aderet notes that the Chafetz Chaim spent Shabbat with him and records some of their Torah conversations. One of the points he mentions is that the Chafetz Chaim asked him how one could eat at various Jewish inns, which were places where Jews would stay while traveling. The issue for the Chafetz Chaim wasn’t kashrut. In those days, people trusted other religious Jews, and the notion that an outside hashgachah was required in such circumstances had not yet been introduced.

What concerned the Chafetz Chaim was that most of the owners of these inns did not tovel their utensils. How then could people eat there? The Aderet explained—and he sees this as a novel view—that it is only forbidden for the owner to use utensils that have not been toveled. Yet there is no problem for others to make use of these utensils. What is of particular historical interest here is that we see that laxity regarding the toveling of utensils is not a recent phenomenon, but was even seen among religious Jews in nineteenth-century Lithuania.

Regarding the Chafetz Chaim and the Aderet, the tradition is that when the Chafetz Chaim writes, והעירני א‘ מחכמי הזמן, in his discussion about Birkat Kohanim in the Diaspora[8], the unnamed scholar he refers to the Aderet.[9] With one exception, the Chafetz Chaim never mentions contemporary scholars by name in the Mishnah Berurah. In Orah Hayyim 585, in Beur Halakhah s.v ve-tov, he refers to R. Meir Simhah of Dvinsk. The story here is that they had a dispute at a rabbinic conference and the Chafetz Chaim thought that his language was perhaps too sharp.[10] As an apology of sorts, he broke with his convention and mentioned R. Meir Simhah by name.

It is widely reported how the Chafetz Chaim admired Rav Kook and refused to allow anyone to speak negatively about him.[11] Among the various sources cited in all the discussions I have seen, no one has referred to R. Yosef Zussman, Mi-Behirei Tzadikaya, pp. 168, 176, that when R. Zvi Yehudah Kook was together with the Chafetz Chaim he was afraid to mention who his father was, out of fear that the Chafetz Chaim would express some criticism of Rav Kook. In the end, his fear was unfounded, and the Chafetz Chaim, upon finding out who he was, told R. Zvi Yehudah that R. Kook was a good friend of his.[12] This anecdote was included in two separate letters from R. Zussman to R. Moshe Zvi Neriah. While R. Neriah used other information from these letters in his own writings, he did not include the detail of R. Zvi Yehudah being worried that the Chafetz Chaim would criticize his father.

I know that it is difficult for opponents of R. Kook to deal with the fact that the Chafetz Chaim had such positive feelings for him. I wonder if they would adopt the approach of the Brisker Rav, R. Isaac Zev Soloveitchik. When asked why the Chafetz Chaim showed respect for a certain Zionist rabbi (not R. Kook), the Brisker Rav replied with the following critical comment: “This is what happens when you don’t listen to lashon hara!”[13] In other words, sometimes it is important to be aware of negative reports about certain individuals so you know how to properly relate to them.[14]

2. I recently played around with ChatGPT and found some incredible things. First, its translation ability is at a very high level. I put in some sentences from nineteenth-century Haskalah literature and the translations that came back are excellent. There are times that ChatGPT gets it wrong, and you always need to carefully review its translations. Yet it seems that we have entered a new era when it comes to translations. Going forward, should translators just insert Hebrew texts into ChatGPT and then check for accuracy and edit the translation? Perhaps this is already being done, which would be a major development.

I also became aware that you can put an article, even a PDF, into ChatGPT and it will give you a summary. Look what happened when I put Haym Soloveitchik’s “Rupture and Reconstruction” in and asked for a summary.

Summary of “Rupture and Reconstruction” by Haym Soloveitchik

Thesis & Central Argument:

Soloveitchik examines the transformation of Orthodox Jewish life in the modern era, particularly the shift from a mimetic (lived, experiential) tradition to a text-based halakhic culture. This shift, he argues, resulted from the sociocultural disruptions caused by the Holocaust and modernization.

I. The Loss of Mimetic Tradition

Traditionally, Jewish practice was absorbed through daily life rather than studied in texts. Children learned religious conduct by watching their parents and community rather than through legalistic study. However, this mimetic tradition began to break down due to several historical forces:

Modernity and Migration:

Jews who emigrated from Eastern Europe to America and Israel found themselves in new environments where religious life was no longer reinforced by communal structures.

In America, the pressures of assimilation and middle-class life further eroded informal religious transmission.

The Holocaust’s Impact:

The Holocaust annihilated the communities and individuals who had embodied and passed down the mimetic tradition.

The post-Holocaust Orthodox world was largely composed of religious survivors and their children, who lacked an organic religious upbringing.

As a result, Jews turned increasingly to written texts to reconstruct religious life, rather than continuing a naturally transmitted tradition.

II. The Rise of Text-Based Religious Life

With the breakdown of mimetic tradition, Orthodox Jews sought religious guidance in texts rather than communal precedent. Several key shifts occurred:

Stringency (Chumra) and “Maximum Position Compliance”:

Halakhic observance became more rigid, as Orthodox Jews increasingly sought the “most correct” way to perform rituals based on written sources rather than communal norms.

Practices that had previously been instinctual or lenient were now analyzed and subject to stricter interpretations.

Proliferation of Halakhic Literature:

The 20th century saw an explosion of halakhic texts, guiding every aspect of Jewish observance in meticulous detail.

Religious practice became more standardized and universalized across communities, rather than based on local custom.

The “Ritualization” of Daily Life:

Previously intuitive religious behaviors, like eating matzah at the Passover seder, were now measured and standardized (e.g., precise “shiurim” for halakhic measurements).

This shift emphasized precision and rule-following over natural, community-based observance.

III. Broader Sociological Implications

Soloveitchik argues that this shift reflects a broader pattern in Jewish history:

A Response to Cultural Erosion:

The disappearance of traditional Jewish life and the rise of middle-class acculturation created a need for stricter religious boundaries.

As Jewish life became more indistinguishable from non-Jewish life, Orthodoxy sought to reinforce distinctiveness through increased textual rigor.

The Influence of the Holocaust on Jewish Memory:

The Holocaust left Orthodox Jews without direct cultural transmission from past generations.

In response, they “reconstructed” an idealized version of pre-Holocaust Jewish life, one that was more rigidly text-based and uniform than the reality of Eastern European Judaism.

The Decline of Jewish Asceticism:

Historically, Jewish tradition included a strong ascetic streak, which emphasized self-denial and wariness of physical pleasures.

However, as Orthodox Jews became more integrated into middle-class life, this asceticism waned, replaced by an emphasis on ritual precision rather than self-denial.

Conclusion:

Soloveitchik describes a fundamental transformation in contemporary Orthodox Judaism: the replacement of an organic, mimetic tradition with a text-driven, rule-oriented religious culture. This shift has led to increased religious stringency, a focus on halakhic literature, and a reconstruction of Jewish memory that aligns with contemporary Orthodox practice rather than historical reality.

* * * * * * *

[1] R. Zvi Yehudah Kook, Piskei Rabbenu, ed. Aviner, Orah Hayyim, p. 31. R. Shlomo Aviner recently published a book titled Pesikah ke-Halakhah. It consists of “strange pesakim” by unnamed rabbis, and R. Aviner’s response. On p. 169 the “strange pesak” he records is that someone who goes to movies should do so in another city, not where he lives, and replace his black kippah with a kippah serugah. This “pesak” is obviously based on Moed Katan 17a: “If a person sees that his evil inclination is gaining control over him, then he should go to a place where he is not known. He should wear black, wrap his head in black, and do as his heart desires [in private] and not desecrate the name of Heaven in public.”

There are those, such as R. Chaim Kanievsky, who have ruled that it is preferable to pray by oneself with a jacket and hat, than pray with a minyan without these items. (E.g., if you are in a situation where if you run home to get your jacket and hat you won’t be able to pray with a minyan.) See R. Yair Yanai, Nekiut ve-Kavod bi-Tefillah, p. 208. Yet see ibid., p. 98, that R. Shlomo Zalman Auerbach and R. Yosef Shalom Elyashiv ruled that prayer with a minyan is more important than wearing a jacket and hat. See similarly R. Meir Mazuz, Makor Ne’eman, vol. 3, no. 151 and R. Yitzhak Ratzaby, Olat Yitzhak, vol. 3, Orah Hayyim, no. 36. See also here at minute 18 where R. Reuven Feinstein strongly rejects the idea that it is better to pray by oneself with a hat than pray with a minyan without a hat. The entire video is noteworthy. Following the exchange about praying with a hat, R. Reuven is asked at what age should a boy be taught to wear his tzitzit out. He responds, “at no age”, and elaborates on why there is no reason to wear tzitzit out. See also at 34:55 where the questioner wants to know what to do about students who are brought up with an ideology that leads them to want to join the IDF. R. Reuven replies that if they want to join that is fine, and the army will probably turn them into a mensch.
[2] See R. Zvi Yehudah Kook, Piskei Rabbenu, ed. Aviner, Orah Hayyim, pp. 31-32.
[3] I remember how surprised I was when R. Zuriel published his Masoret Seyag la-Torah. My surprise was due to how R. Zuriel chose to deny that Jacob ben Hayyim Ibn Adonijah, the masoretic scholar and editor of the first Mikraot Gedolot, later apostatized. See my Limits of Orthodox Theology, p. 93 n. 14, where I write that it is remarkable that a book could be published in modern times referring to Jacob ben Hayyim as one of the great scholars of Israel. For R. Mordechai Breuer’s harsh review of the R. Zuriel’s book, see Megadim 20 (Tamuz 5753), pp. 91-96, available here.
[4] Seder Eliyahu (Jerusalem, 1983), p. 82. On p. 106 he mentions it among the books he wrote. Moshe Reines on his own figured out that the Aderet was the author. See his Mivhar Ketavim, ed. Eliezer Brodt (Ramat Beit Shemesh, 2018), pp. 31, 605. I thank R. Eliezer Brodt for calling this to my attention. He also pointed out that R. Yisrael Dandrovitz discusses the Aderet’s haskamot in his book Hayu Devarim Me-Olam, vol. 2, ch. 22. The chapter is titled: מחברי ספרים שהסתתרו כמסכימים
[5] Akivah ben Ezra, Minhagei Hagim (Tel Aviv, 1963), p. 314 n. 7, cited in R. Yehudah Zoldan, Malkhut Yehudah ve-Yisrael, p. 451 n. 17. I write “Akivah” because the author spelled his name עקיבה. The standard way of spelling the name is עקיבא, yet Maimonides always spelled it עקיבה.
[6] Seder Eliyahu, pp. 102, 106 (including it among the books he wrote).
[7] Trans. Moshe D. Lichtman (Jerusalem, 2003), pp. 368-369.
[8] Mishnah BerurahSha’ar ha-TziyunOrah Hayyim 128 (following no. 136).
[9] See e.g., here.
[10] One version of the story is found in R. Elazar Shakh, Shimushah shel Torah, p. 159. In a future post I will discuss this incident.
[11] See e.g., here. Here is a letter from the Chafetz Chaim’s son-in-law, R. Aaron Cohen, which appears in Iggerot la-Re’iyah, pp. 565-566.

[12] More than thirty years ago I spent Shabbat at the home of the late R. Zev Neuman, who was a very close student of R. Zvi Yehudah and involved in the publication of writings of R. Kook and R. Zvi Yehudah. (See here for various articles about Neuman.) At one of the Shabbat meals, Neuman took out a manuscript of one of R. Zvi Yehudah’s talks and read it to us. R. Zvi Yehudah described how he stayed at the Chafetz Chaim’s home and the Chafetz Chaim personally set up the bed for him. This passage, which made such an impression on me that I still remember it vividly so many years later, has unfortunately not yet appeared in print.
[13] Zvi Yavrov, Ma’aseh Ish, vol. 2, p. 85. See R. Michel Zalman Shurkin, Meged Givot Olam, vol. 2, p. 78, who quotes his father that near Radin lived a great talmid hakham who was a member of Mizrachi. The Chafetz Chaim stood up for this rabbi even though he also spoke very strongly against Mizrachi. The city of Radin is close to Lida, so I wonder if the unnamed Mizrachi rabbi was R. Isaac Jacob Reines, who actually founded Mizrachi.

It is of interest that the Chafetz Chaim’s son, R. Aryeh Leib, who assisted him in writing the Mishnah Berurah and later became the rav of Radin, publicly supported the Mizrachi. This fact is never mentioned by Haredi writers. Yet it is also noteworthy that although R. Aryeh Leib was a member of the secret Hovevei Tziyon society in Volozhin, his public identification with Mizrachi only occurred after the death of the Chafetz Chaim. It seems clear that, out of respect for his father, he refrained from publicly identifying with Mizrachi during his father’s lifetime. See Entzyklopedia shel ha-Tziyonut ha-Datit, vol. 4, cols. 273ff.

See R. Michel Zalman Shurkin,, Meged Givot Olam, vol. 1, pp. 48-49, that R. Mendel Zaks, the son-in-law of the Chafetz Chaim, preferred the biography of the Chafetz Chaim written by R. Meir Moshe Yosher over the volume written by R. Zaks brother-in-law, R. Aryeh Leib. He explained that Yosher’s volume just gives the facts, while R. Aryeh Leib also gives reasons for various actions and practices of the Chafetz Chaim, “and we do not have permission to give reasons for the actions of gedolei Yisrael.”
[14] See also Yavrov, Ma’aseh Ish, vol. 7, p. 94, that the Chafetz Chaim wrote that there is no enjoyment from telling lashon hara, and the Hazon Ish commented that apparently the Chafetz Chaim never told lashon hara, or he would have seen that one can indeed get pleasure from this.

Regarding lashon hara, see also Yavrov, Ma’aseh Ish, vol. 5, p. 31, where the Hazon Ish is quoted as saying that it is not lashon hara to say that someone does not know how to learn, as we need to know who is learned and who is not. Since there is a purpose in knowing who is a gadol be-Torah, therefore it is permitted to say that someone is not a gadol. This approach explains how it is not uncommon to hear people saying about various rabbis that they are “not so great in learning”. But I assume that the Hazon Ish was referring to rabbis making these judgments about other rabbis, not that laypeople would offer such comments. See also ibid, vol. 7, p. 94, where it records that on Kol Nidrei night the Hazon Ish told the students that we will now speak “kosher lashon hara.” He proceeded to speak about a rabbi who imagined that the Hebrew University was the Third Temple. He then turned to heaven and declared:

נורבונו של עולםמספיק בשבילו מה שכבר קלקל עד כאן!

This can only refer to R. Kook, but as is well known, the notion that R. Kook compared the Hebrew University to the Temple, or that he applied to it the biblical verse, כי מציון תצא תורה, are complete fabrications by the enemies of R. Kook which misled even many great Torah scholars. See Moshe Alharar, Likhvodah shel Torah (Jerusalem, 1988), which is devoted to the slander directed against R. Kook.




Join us for a Book Launch and Discussion Event at Mizrahi Bookstore

On March 2, 2025, at Mizrahi Bookstore, 3108 Quentin Road, Brooklyn, N. Y., at 12 pm, Dr. Marc Shapiro will be discussing his new book on Rav Kook, Renewing the Old, Sanctifying the New.
All are welcome.



Two Books by R. Bezalel Naor, R. Meir Simhah of Dvinsk, Michael Lerner, and More

Two Books by R. Bezalel Naor, R. Meir Simhah of Dvinsk, Michael Lerner, and More

by Marc B. Shapiro

1. R. Bezalel Naor is well known for his enormous contributions to what we can call “Rav Kook Studies”. His outstanding translations and analysis have cemented his reputation as one of the leading interpreters of Rav Kook, as well as the most prolific writer on Rav Kook in English. I personally owe a great debt to Naor, as can seen in my forthcoming book on Rav Kook (though I suspect he will reject some of my readings).

Yet many are unaware of Naor’s numerous writings that are not focused on Rav Kook and that go back decades. (Unfortunately, they are not all available on Otzar Hachochma.) In fact, my first exposure to Naor was as a graduate student when I came across his 1984 edition and commentary on Rabad’s hasagot to Mishneh TorahSefer Ha-Madda and Sefer Ahavah. As with all of Naor’s writings, he discusses a variety of matters that arise from the text he is commenting on. (In Naor’s Ma’amar al Yishmael, he published the letter sent to him by Prof. Isadore Twersky upon receiving Naor’s edition of Rabad’s hasagot.)

In this post, I would like to focus on two books from Naor that deal with Maimonides’ Mishneh Torah. The first is Shod Melakhim,[1] published in 2018, and the second is Ya’akov mi-le-Var Moshe mi-le-Gav,[2] published in 2024. These and other books written by Naor can be purchased here.

Shod Melakhim contains studies of Naor on aspects of the Mishneh Torah, such as the mitzvah of knowing God, Maimonides and Sefer Yetzirah (including Naor’s suggestion that a halakhah in the Mishneh Torah was influenced by Sefer Yetzirah[3]), and analysis of R. Hayyim Soloveitchik’s commentary on various halakhot of the Mishneh Torah. He also brings into his discussions works by R. Abraham Abulafia, R. Isaac Arama, R. Moses Hayyim Luzzatto, Solomon Maimon (including a work still in manuscript), Rav Kook, R. Joseph B. Soloveitchik, and so many others. The book also contains a piece by the late R. Joshua Hoffman, reworked by Naor, together with a short memorial to this scholar who unfortunately was taken too soon from us.

Shod Melakhim is so rich, and its learning so profound, that it would require a very lengthy review, if not an actual book, to satisfactorily treat all the important issues Naor raises. In the interests of space, let me offer a few points that came to mind as I went through the book.

Pp. 50ff. Naor cites examples where earlier authorities mention that Maimonides derives halakhot from the Torah,[4] and he notes the dispute about whether medieval Ashkenazic sages independently came up with derashot to derive halakhot. In a recent issue of Ha-Ma’yan, R. Yisrael Reisher published an interesting article in which he discusses when and why post-talmudic sages stopped using independent derashot to derive halakhot.[5] Let me give an example of what I originally thought was a derashah by R. David Abudarham. He lived in the fourteenth century, so it would be significant if someone this late was still independently coming up with derashot. Last summer I brought a group to Spain on my Torah in Motion tour, and one of the places we visited was Seville.[6] That gave me the opportunity to speak about Abudarham as he too was from Seville.

Abudarham, Seder Tefilot ha-Ta’aniyot, says that if the fast of the Tenth of Tevet falls out on Shabbat, that we fast. Now it is true that according to our calendar this can never happen, but if we were proclaiming the new moon with witnesses it could fall out on Shabbat, and Abudarham says that we would fast, something we do not do even with Tisha be-Av. In fact, there are times, like this year, when the Tenth of Tevet falls out on Friday. (With our calendar, Tisha be-Av cannot fall out on Friday.[7]) When we fast on Friday-Tenth of Tevet, the fast is only over at darkness on Friday night. In other words, the fast continues into Shabbat.

R. Meir Mazuz explains Abudarham’s position that we fast when the Tenth of Tevet falls out on Shabbat by saying that he derived it from a derashah.[8] Here is the passage from Abudarham:

ואפילו[9] היה חל בשבת לא היו יכולים לדחותו ליום אחר, מפני שנאמר בו (יחזקאל כד, ב) בעצם היום הזה, כמו ביום הכפורים

Regarding the Tenth of Tevet, Ezekiel 24:1-2 states: “And the word of the Lord came unto me in the ninth year, in the tenth month, in the tenth day of the month, saying: ‘Son of man, write thee the name of the day, even of this selfsame day; this selfsame (בעצם) day the king of Babylon hath invested Jerusalem.” When the Torah speaks of Yom Kippur in Lev. 23:28 it also uses the expression בעצם היום הזה. R. Mazuz thinks that Abudarham made his own derashah, that just as these words are used regarding Yom Kippur and we fast on Shabbat Yom Kippur, so too the same applies to the Tenth of Tevet. However, if you look at the new, heavily annotated, 2015 Kerem Re’em edition of Abudarham, vol. 2, p. 357, you find that there were others before Abudarham who had the same position. Thus, I think it is obvious that rather than coming up with his own derashah, from which the halakhah was derived, Abudarham is simply trying to offer an ex-post facto explanation for the practice of fasting on the Tenth of Tevet that falls on Shabbat. He presumably saw this as a long-standing tradition and was offering a possible explanation for why earlier generations, including perhaps the talmudic sages, adopted this viewpoint.

P. 73 n. 95. Naor points to two views of Nahmanides in his commentary on the Torah that Naor identifies as having their origin in Ibn Ezra. In the second example, dealing with how Jacob married two sisters and Amram married his aunt, Nahmanides does not mention Ibn Ezra, and in the first example, although he cites Ibn Ezra, one could equally well argue that the citation does not mean that this is his source, but rather an opinion he cites that agrees with him. In general, I would like Naor to elaborate on how one is to know in cases like this that we are dealing with real influence from one thinker on another. (See also pp. 97ff. where he identifies clearer evidence of geonic influence on Maimonides.)

P. 125 note, p. 129 note, Naor refers to R. Meir Simhah of Dvinsk’s Torah commentary asמש”ך חכמה. Yet this is a mistake. The first word does not have a double apostrophe and is simply written asמשך, as seen on the title page of the first edition of the work. The title is derived from Job 28:18: “the price of wisdom”, and the letters of the word משך obviously allude to the name Meir Simhah. Incidentally, R. Meir Simhah is known both as the “Meshekh Hokhmah” and the “Or Sameah”. Other than R. Israel Meir ha-Kohen, who is known as the “Mishnah Berurah” and the “Hafetz Hayyim”, are there any others who are also known by two separate book titles?

Pp. 129ff. Naor probes how the king has the power to kill people even if there is no halakhic testimony or they have not been warned. He refers to Maimonides, Mishneh Torah, Hilkhot Rotzeah u-Shmirat ha-Nefesh 2:4:

When a Jewish king desires to slay any of these murderers and the like – who are not liable for execution by the court – by virtue of his regal authority, in order to perfect society, he has the license. Similarly, if the court desires to execute them as a hora’at sha’ah, because this was required at the time, they have the license to do as they see fit.

We see from this that in order to improve society the king is not bound by normal halakhic restrictions when it comes to punishing evildoers. Naor also refers to Mishneh Torah, Hilkhot Melakhim 3:10, which has the same message:

A murderer against whom the evidence is not totally conclusive, or who was not warned before he slew his victim, or even one who was observed by only one witness, and similarly, an enemy who inadvertently killed one of his foes – the king is granted license to execute them and to improve society according to the needs of the time. He may execute many on one day, hang them, and leave them hanging for many days in order to cast fear into the hearts and destroy the power of the wicked of the earth.

Finally, Naor refers to Guide of the Perplexed 3:40, where Maimonides writes: “Even if a court does not execute him [the murderer], the ruler can, since he can execute on circumstantial evidence.”[10]

Following this, Naor cites R. Meir Simhah of Dvinsk who compares the Law of the King with Noahide laws, as both of them have the same goal, namely, establishing a functioning society. As such, when it comes to judicial matters, the Law of the King is equal to that of the power given to non-Jewish courts. Since non-Jewish courts can kill a criminal based on a single witness, so too the king can do so.

Naor then expands on this and makes a fascinating suggestion, that the law of ben sorer u-moreh is an example of an emergency measure where the beit din functions by using the Noahide laws. As with Noahide law, the ben sorer u-moreh does not need to be warned about his action. Naor connects this to Yerushalmi Peah 1:1 that with non-Jews: מחשבה רעה הקב”ה מצרפה למעשה. This would explain why a ben sorer u-moreh is punished for something that will happen in the future, as punishment in the Noahide code can be decreed even for just having an intention.

Pp. 157ff. Naor deals with this passage of Maimonides in the Guide 3:45:

He [Abraham] specified due west as the direction to face in prayer, the Holy of Holies lying to the west. That is what the Sages mean by saying, “God’s Shekhinah is to the west” [Bava Batra 25a]. They explain in tractate Yoma that in prayer, we face the Holy of Holies, the direction that Father Abraham[11] set.

The problem is where in Yoma do we find that Abraham set the direction of prayer? This is an old problem and Naor offers a new solution which strikes me as far-fetched, and he himself refers to it as a חידוש נורא. He suggests that Maimonides is referring to Yoma 28b which in our text states: קיים אברהם אבינו אפילו עירובי תבשילין. Naor suggests that Maimonides’ text had עירוב תפילה (or maybe the abbreviation ע”ת) instead of עירובי תבשלין, and elaborates on how that could be understood to mean “west”. Even with all of Naor’s great learning, his solution is still not satisfying to me.

Let me now turn to Ya’akov mi-le-Var. The first part of it contains newly published comments on Maimonides’ Mishneh Torah by the 17th-18th century Jerusalem sage, R. Jacob Molho. Naor adds his own explanations and elaborations to these comments. The second part of the book is Naor’s Torah insights on a range of matters with his typical originality and breadth.

Pp. 69ff., Naor discusses R. Nissim of Gerona’s famous idea of Torah law and Law of the King. R. Nissim acknowledges that other systems of law work more efficiently in society than certain aspects of Torah law (e.g., how difficult it is to convict criminals according to Torah law). R. Nissim does not see this as a problem as the king will legislate in these areas. For R. Nissim, this is not an ad hoc approach to make the system run smoothly, but this is part of the Torah system given at Sinai, that there is both Torah law and also the Law of the King that work in tandem. Naor suggests that R. Nissim might have been influenced by Nahmanides’ famous notion of a scoundrel with the permission of the Torah, which is how he interprets the verse Kedoshim Tihyu (Lev. 19:1). Just like there is an individual who can be a scoundrel and the general laws of the Torah do not protect against him, thus we need a special law of Kedoshim Tihyu, so too when the written laws of the Torah do not suffice, according to R. Nissim we need the Law of the King.

Naor goes even further and connects R. Nissim’s idea with R. Mordechai Joseph Leiner of Izhbitz[12] and other Polish hasidic figures who have a conception not of Torah law and Law of the King, but of the law of God and the will of God, which are not always in tandem. In this section, Naor shows his great learning in hasidic literature.

P. 141. Naor cites R. Jacob Emden in his note toNiddah22b that not everyone assumes that one needs to receive a gezerah shavah by tradition, meaning that one can create his own gezerah shavah. Naor notes that this is a שיטה יחידאה. Does the notion that one need to receive a gezerah shavah by tradition mean that it must go back to the beit din ha-gadol, as Naor quotes one source as saying? I think not, and to give one example, R. Gedaliah Nadel writes that it is enough for a gezerah shavah to have come to us by tradition, and if previous generations of great scholars, who understood the nuances of Hebrew, accepted a gezerah shavah, we can rely on them.[13] In terms of scholarly studies on the gezerah shavah, to the sources cited by Naor I would also add Michael Chernick, Midat “Gezerah Shaṿah”: Tzuroteha ba-Midrashim u-va-Talmudim (Lod, 1994) and Yitzhak Gilat, Perakim be-Hishtalshelut ha-Halakhah (Ramat Gan, 1992), pp. 365ff.

2. As I mentioned R. Meir Simhah of Dvinsk earlier in this post, let me add a few more points relevant to him.

I find it of interest that in 1925 R. Jehiel Jacob Weinberg stated that R. Meir Simhah was “truly the gadol ha-dor”.[14]

As to why the kiruv yeshiva was named Or Somayach,[15] Yonoson Rosenbloom writes:

The immediate impetus for the change in name was a powerful shmuess given in the beis midrash by Rabbi Shlomo Freifeld. Rabbi Freifeld quoted the hesped given for Rabbi Meir Simcha by the Rogachover Gaon, his contemporary Torah giant in Dvinsk. The Rogatchover said of Rav Meir Simcha that he learned with the intensity of one who felt flames raging all around and that only his learning could extinguish them.[16]

In 1919 there was a false report that R. Meir Simhah had been murdered in a pogrom. This event was covered by newspapers around the world.[17] Here is a poster that was hung up after the false information arrived in Eretz Yisrael. (The information that appears at the bottom indicating that this poster is from 1926 is incorrect. 1926 was the year of his actual death.)[18]

In response to the false report, there were a number of eulogies given. R. Yisrael Abba Citron, rav of Petah Tikvah, delivered a hesped which was later published.[19]

Are there any other examples of giving a hesped for a great rabbi who was not actually dead?

Speaking of the death of R. Meir Simhah, we are fortunate that he was not killed on another occasion. Yoel Hirsch called my attention to something that is not mentioned in all the discussions of R. Meir Simhah. As is well known, R. Meir Simhah only had one daughter, and she was mentally ill. According to R. Israel Dusowitz in Ha-Mesilah 1:5-6 (Sivan-Tamuz 5696), p. 6, R. Meir Simhah’s daughter tried to kill her father, stabbing him in the neck. Miraculously, he survived.

3. Earlier in this post I mentioned how Naor cites R. Meir Simhah’s notion that a king can execute certain people even though this would not be permitted under Torah law, since his power functions in accord with Noahide law which has a much wider range of possibility to punish than Torah law. R. Meir Simhah was referring to executing people based on lesser standards of evidence, not killing innocent people. Yet I would like to make a few comments about the latter point, as it is precisely with regard to the power of a king to kill innocent people that we see a change in how the generations have regarded certain moral issues.

Contemporary moral judgments are sometimes far removed from those of previous generations, even when dealing with great sages. For instance, R. Levi Ben Gershom recommends that if you are holding a prisoner who has been a constant enemy of the Jewish people, he should be executed.[20] R. Zvi Hirsch Chajes claims that a king has the right to kill the innocent children of someone who rebels, because of tikun olam,[21] and the Hatam Sofer, in a letter to Chajes, find this a reasonable position.[22] The purpose of this killing would be to put fear into others, who while they may be willing to risk their own lives in rebellion, would be deterred if their children were to be wiped out. This is certainly not what pretty much anyone today would regard as “Jewish values.” But I find it fascinating that in previous years, among some great Torah scholars, this was regarded as acceptable, even if only in a theoretical discussion. Naor, p. 136, provides additional sources for this matter, and I would add that R. Kook was also inclined to think that in extreme circumstances it would be permissible to execute innocent people such as children of an evil doer.[23] Let me stress again that all the discussions mentioned in this paragraph were theoretical, no different than so many other theoretical discussions found in rabbinic literature, and I wonder if they could have ever decided this way in a real-life case.

Regarding the power of the king, R. Jacob Kamenetsky has an unusual passage in his Emet le-Yaakov, 1 Kings 3:28. He says that in the story of Solomon and the two harlots, where Solomon said to cut the baby in half, if the real mother had not spoken up, they would have actually cut the baby in half, as the king has the authority to order this.[24]

ונראה לומר, דהנה מה היה קורה אם האמא האמיתית היתה מסכימה שיחתכו את הולד לשנים, בבחינת “תמות נפשי עם פלשתים”. הרי בפשטות מבינים ששלמה המלך היה חוזר בו מיד ואומר, “לא התכוונתי ברצינות שיהרגו את הילד”. אבל זה אינו, כי ביד המלך סמכות מסויימת על חיי נתיניו, כמו שיכול לשלוח אותם למלחמה אף על פי שנהרגים שם, אף כאן מאחר שציוה לחתוך, כאילו שיש כאן דין של ממון המוטל בספק חולקים, היו חותכים משום כבוד המלכות, שהרי אצל מלך אין חרטה

I don’t know why R. Kamenetsky finds the common understanding, that Solomon never really intended his words to be implemented in practice, to be mistaken. Certainly, killing an innocent child does not bring any honor to the king. Even if R. Kamenetsky is correct with regard to Solomon, speaking from our 21st-century perspective, the Jewish people, with their current moral sense, would never accept something like this, and I feel confident that a future Sanhedrin would never countenance it.

It must also be noted that Sforno, Netziv, and Meshekh Hokhmah, in their commentaries to Deut. 24:16 (“Children shall not be put to death for the fathers”), specifically reject the possibility that the king could kill the children of one who rebels, with Sforno noting how this was a typical Gentile practice that the Torah is legislating against.[25] In areas of controversy such as this, I think we should follow the guidance of R. Jehiel Jacob Weinberg who believed that if there is a dispute among halakhic authorities, the poskim must reject the view that will bring the Torah into disrepute in people’s eyes:[26]

ואגלה להדר”ג [הגרא”י אונטרמן] מה שבלבי: שמקום שיש מחלוקת הראשונים צריכים הרבנים להכריע נגד אותה הדעה, שהיא רחוקה מדעת הבריות וגורמת לזלזול וללעג נגד תוה”ק

R. Shlomo Aviner has the same approach. He notes that conceptions of morality change over time and not every decision of a posek is an eternal decision. Today, when we have different standards of morality than in previous years, if there is a dispute among the authorities, we should adopt the position that we regard as more moral.[27]

וברור שבהלכה פנים לכאן ולכאן. לכן כיוון שנתיבים אלה הם נתיבים מוסריים יותר, עלינו להכריע על פיהם. לפעמים ההלכה מוכרעת, בגלל שעת הדחק, ולפעמים ההלכה מוכרעת כי כך המנהג. אם כן, בימינו ‘המנהג’ הוא להיות מוסרי . . . יש גם מושגים מוסריים המשתנים על פי המציאות. אב הסוטר לבנו הקטן, אינו דומה לאב הסוטר לבנו בן השמונה עשרה. האם סטירת לחי לבנו היא מעשה מוסרי או לא מוסרי? תלוי בנסיבות. לא כל הכרעות הפוסקים הן הכרעות נצחיות . . . במצבנו כיום ישנם שיקולים מוסריים שמצטרפים להכרעותינו ההלכתיות

R. Yuval Sherlo acknowledges moral advancement and concludes: “Despite all the hypocrisy and cynicism there is moral progress in the area of human rights. True religious people believe that this is the will of God.”[28]

3. Michael Lerner recently passed away. I mention this because I recently found a letter from Lerner’s mother, Bea Lerner, who served as chairwoman of the New Jersey Democratic Party.[29] The letter is undated, but was obviously written in 1970 at the time that Lerner was on trial as part of the “Seattle Seven”, charged with having incited a riot. I found the letter in the Heschel archives[30] which I assume means that Mrs. Lerner had sent it to Heschel—who knew Michael Lerner from the Jewish Theological Seminary—and others as part of a request that they submit letters to the court testifying to Lerner’s non-violent nature. I had intended to send the letter to Lerner, but alas, this was not to be. I think the letter, which will be valuable to Lerner’s future biographer, is a wonderful example of parents’ unconditional love for their son, even if he chooses a path that they do not understand or agree with.

Since I just mentioned Heschel, and in honor of Rabbi Dr. Yechiel Leiter, Scranton native and new ambassador from Israel to the United States, let me also include this letter from Leiter’s grandfather, R. Moshe Leiter, to Heschel.[31]

R. Moshe Leiter authored a number of seforim, and in the letter above he is offering condolences about the passing of Heschel’s brother in London, R. Jacob Heshel. Interestingly enough, he is not entirely sure if people had informed Heschel of his brother’s passing, and we know that in the past people did withhold such news. R. Jacob Heshel was the rabbi of the Edgeware Adath Yisroel Congregation, and this is a picture of him with his family that I found here.

4. In my post here I presented some liberal views of euthanasia, views that for some reason are not part of the discourse in Orthodox circles. I forgot to include the following letter from R. Joseph Elijah Henkin which is found in the memorial volume Ner Shaul, p. 502.

See nos. 2, 3, 5, 8. While R. Henkin does not offer any firm rulings, you can see that he does not reject the liberal perspective and might even be inclined to it. No. 4 is also fascinating, for if we accept his suggestion it would mean that even if we assume that brain death is not halakhic death, it would still be permitted to remove a heart from a brain-dead person to save another’s life (as it appears reasonable to assume that a brain-dead person is a goses).

5. In my last post here I raised the question of whether Neturei Karta allies of Hamas can be counted in a minyan, whether their businesses should be boycotted, etc. Someone commented to me that however evil their actions, the Neturei Karta are still Jewish and Torah observant and thus they need to be treated as part of kelal Yisrael. This is a specious argument. Even a cursory familiarity with Jewish history shows that by means of the herem religiously observant people were removed from the community for all sorts of reasons. Because the herem was so successful, these removals only needed to be temporary as the excommunicated people inevitably felt compelled to ask the community leaders for forgiveness.

Yet I want to focus on the point that the Neturei Karta are still Jewish with the implication that since this is their birthright, it cannot be removed from them. (Despite what some people have claimed, from everything I have seen they are indeed halakhically observant and have not violated Shabbat by speaking on microphones, carrying signs where there is no eruv, etc.)

R. Moses Sofer, in his comment to Shulhan Arukh, Orah Hayyim no. 39, has a fascinating idea that has been discussed by many.

ועיין בתוספות יום טוב משנה ד’ פרק ז’ דנדה דתמה על כותים אי גירי אמת הן איך עשאום כנכרים לטהר נדות ואהלות שלהם. ונראה לפענ”ד שיש כח בכלל ישראל להוציא המורדים מכלל האומה ויחזרו לגוים גמורים אף להקל . . . והם נמנו וגמרו להוציאם מברית ישראל לגמרי

According to the Hatam Sofer, “Kelal Yisrael”, which I assume is represented by the rabbinic leaders, has the ability to remove someone from the Jewish people and turn him into a complete non-Jew. This would mean that you can lend money to him on interest, if he marries a woman it does not take effect, and even if he is already married the woman would not need a get. So we can leave it to the gedolim if they wish to go this route with the Neturei Karta.

As mentioned, the Hatam Sofer’s novel position—R. Asher Weiss[32] terms it a חידוש עצום—is discussed by many. However, while everyone tries to understand the basis of the Hatam Sofer’s view and its implications, there is one exception, namely, R. Moshe Feinstein.[33] R. Feinstein comes at the matter from a completely different perspective. Finding the Hatam Sofer’s words incomprehensible, he writes:

וברור ופשוט שא”א דבר כזה בעולם . . . וברור שאין זה מדברי החת”ס

R. Feinstein denies that the Hatam Sofer could have written what is found in his commentary. In a number of previous posts I have discussed this tendency of R. Feinstein to reject the authenticity of texts that he sees as completely mistaken. At certain times I think R. Feinstein really means what he says, that the text is not authentic. Yet on other occasions, and the example of the Hatam Sofer’s commentary would be such a case, I agree with R. Betzalel Deblitsky[34] that when R. Feinstein said that the text is not authentic, he did not mean it literally. Rather, this was his way of respectfully registering his strong disagreement. R. Deblitsky compares this to the rabbinic expressionכי ניים ושכיב אמרה, “When he was sleepy and lying down [to rest] he said this halakhah.” Everyone knows that this is just a figure of speech, and it would make no sense for one to reply that on the contrary, when the rabbi issued the ruling he had just finished his coffee and was completely sharp. In fact, R. Samuel Ibn Tibbon even uses this expression about the man he idolized most, Maimonides.[35]

6. My forthcoming book on Rav Kook is now available for purchase on Amazon (although it won’t appear for another couple of months). Once the book reaches America, I will be doing an event at Mizrahi Book Store so stay tuned for that.

* * * * * * * * *

[1] The title is taken from Isaiah 60:16.
[2] For the meaning of this kabbalistic expression, see Yosef Kalner, Milon ha-Re’iyah, vol. 2, p. 199.
[3] See also p. 21 n. 22 where Naor mentions his discussion in this regard with Prof. Abraham Joshua Heschel.
[4] In Kol Torah, Av-Elul 5728, p. 20, R. Nahum Drazin mentions what he heard from R. Moshe Soloveitchik, how R. Hayyim explained a position of Maimonides as arising directly from the verses in the Torah. As this appears to be completely unknown, here is the page.

[5] “Al Perek ‘Ein Dorshin’”, Ha-Ma’yan, Nisan 5784, pp. 93-104. Regarding derashot to establish, or at least support, minhagim, see e.g., Tur, Orah Hayyim 493, regarding women not working after sunset during the period of the Omer:

ונהגו הנשים שלא לעשות מלאכה משתשקע החמה . . . וכתיב שבע שבתות תמימות תהיינה, מלשון שבות ולשון שמיטה שבע שבתות . . . מה שנת השמיטה אסור במלאכה אף זמן ספירת העומר דהיינו לאחר שקיעת החמה אסור במלאכה

R. Eliyahu Zini, Etz Erez, vol. 2, p. 224,  is troubled by this derashah:

ויש לשאול: ממתי רבותינו הראשונים דורשים פסוקי תורה להוציא מהן הלכות, יהיו אלה אפילו מנהגים בלבד

[6] For my 2025 summer Torah in Motion tours, see here.
[7] Mishnah, Ta’anit 4:7 deals with a case where Tisha be-Av falls out on Friday.
[8] Bayit Ne’eman, 16 Tevet 5777, p. 1.
[9] The word אפילו is supposed to be recited with the accent on the final syllable. But does anyone, even Sephardim, pronounce it this way?
[10] The English is taken from the brand-new translation of the Guide by Lenn E. Goodman and Phillip I. Lieberman. This work is a wonderful achievement. It should give Goodman and Lieberman great pride to know that, from this point on, anyone who studies Maimonides will have to turn to their translation, which by the way also contains valuable notes. As a companion volume to the translation of the Guide, Goodman has also just published A Guide to the Guide to the Perplexed.
[11] The translation is from the Goodman and Lieberman edition. Pines has “Abraham our Father” which I think people will be more comfortable with, as “Father Abraham” sounds Catholic.
[12] Again, I do not know why Naor records the name of R. Leiner’s book as מ”י השילוח. The title is מי השלוח without any apostrophes.
[13] Mi-Torato shel R. Gedalyah, p. 25. Regarding gezerah shavah, see the brand new book by Moshe Sokolow, Pursuing Peshat: Takakh, Parshanut, and Talmud Torah, pp. 85-86, where he calls attention to R. Meir Simhah of Dvinsk, Meshekh Hokhmah, Num. 30:10, where he creates his own gezerah shavah. In justification of this step, R. Meir Simhah cites the Jerusalem Talmud, Pesahim 6:1: “A man may initiate his own gezerah shavah in order to sustain his study.” R. Yehudah Copperman, in his edition of the Meshekh Hokhmah, notes the originality of R. Meir Simhah in this example:

הפירוש המקובל לאמרה זו (וכך אמנם משתמע מסוגית הירושלמי) היא לפי בעל קרבן העדה: לקיים תלמודו שקיבל מרבו, דאין הפסד בדבר, שהרי בלאו הכי הדין כן, ואין גזירה שוה זו אלא לסמוך בעלמא (עכ”ל). לעומת זאת מושך רבינו את הכלל אף להלכה שלא קיבל מרבו אלא שחידש הוא בבית מדרשו! ועיין בהרחבה בפרקי מבוא פרק יד, כי זה חידוש גדול בבית מדרשו

[14] Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 2, p. 235.
[15] Regarding the word שמח, I transliterated Sameah, but the official name of the yeshiva is Ohr Somayach. So which pronunciation is correct? It turns out that both are correct, as some grammarians claim that before the furtive patah in שמח there is an aleph sound, and others think that there is a yod sound. The same thing would be with the word ריח, which can be pronounced either as רֵיאַח or רֵייַח, or the word פענח which can be pronounced פענֵאַח or פענֵיַח. See R. Benzion Cohen, Sefat Emet, pp. 59-60; R. Adir Amrutzi, Dikdukei Abiah, p. 19.
[16] Rosenbloom, Rav Noach Weinberg: Torah Revolutionary (Jerusalem, 2020), p. 72 n. 1.
[17] See details here.
[18] The poster is taken from here.
[19] See Zev Aryeh Rabiner, Maran Rabbenu Meir Simhah Kohen (Tel Aviv, 1967), pp. 232-233. For another published eulogy, by R. Ben Zion Cuenca, see Mekabtze’el 39 (2013), pp. 739ff.
[20] Commentary to 1 Kings, ch. 22, Toelet 34.
[21] Torat ha-Nevi’im, ch. 7.
[22] She’elot u-Teshuvot Hatam Sofer, Orah Hayyim no. 108 (end).
[23] See Da’at Kohen, no. 193.
[24] Regarding the Solomon story, a real-life version of this is reported to have occurred in the early twentieth century. A woman who was nursing the baby boy of the rabbi mistakenly slept on the boy, killing him. Fearful of what would happen, she gave her own son to the rabbi’s wife, and this boy was then raised as the child of the rabbi. The matter was only discovered years later. When the woman’s husband died, the dead husband appeared a number of times in the rabbi’s son’s dreams asking why he was not saying kaddish for him. Here is R. Eliezer Deutsch’s description of the case in Va-Yelaket Yosef, vol. 10:20 (1908), no. 194.

The story is also told in R. Zvi Hirsch Friedling, Hayyim ha-Nitzhiyim, p. 54, as an illustration of the importance of kaddish.
[25] See Encyclopedia Talmudit, vol. 33, s.v. לא יומתו אבות על בנים, col. 947; R. Shimon Krasner, “Ishiyuto u-Feulotav shel Shaul ha-Melekh,” Yeshurun 11 (2002), pp. 779-780.
[26] Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 1, p. 60.
[27] Am ve-Artzo, vol. 2, pp. 436-437.
[28] Reshut ha-Rabim, p. 102.
[29] See David Horowitz, Radical Son (New York, 1997), p. 175.
[30] Heschel Archives, Duke University, Box 8, Folder 1.
[31] Heschel Archives, Duke University, Box 17, Correspondence 1970-1971.
[32] See R. Asher Weiss’ weekly shiur, Toldot 5785, p. 11, called to my attention by Baruch from Monsey.
[33] Iggerot Moshe, vol. 9, p. 162 (Yoreh Deah 5:41)
[34] Beit Aharon ve-Yisrael 122 (Kislev-Tevet 5766), p. 170.
[35] See Carlos Frankel, Min ha-Rambam li-Shmuel Ibn Tibbon (Jerusalem, 2008), p. 300:

כי ניים ושכיב רבינו ז”ל אמר זה הדבר




Neturei Karta; ArtScroll, Arius, and Orangutans; Suicide and the Law of Rodef

 Neturei Karta; ArtScroll, Arius, and Orangutans; Suicide and the Law of Rodef

Marc B. Shapiro

1. We have recently seen behavior by so-called religious Jews that is vile. I refer to the actions of Neturei Karta. Of course, we have all seen their antics in the past, but I think most of us looked at them as clowns and sick people that maybe we should feel sorry for. This is no longer the case. Now they are marching in support of the murderers of Jews, aligning themselves with the enemy, and attempting to destroy the State of Israel. They are doing this at the very time that Jews are being killed at war. It is true that in the past as well they openly aligned themselves with the PLO,[1] and R. Moshe Feinstein already in the late 1970s referred to Neturei Karta as reshaim.[2] But to be allied during wartime with Iran and Hamas is I think beyond what we have seen before.

Here you can see a video of a Neturei Karta delegation that went to Iran to pay respects after the death of President Raisi. Here a different delegation visits the Iranian ambassador to the U.N. to pay respects. Here they are in Qatar at the funeral of Ismail Haniyeh whose death they mourned in a public statement here. It is hard to imagine anything more obscene than this. What we have seen from Neturei Karta since October 7 goes way beyond making a hillul ha-shem.[3]

Until his death, the spiritual leader of this group was Rabbi Moshe Beck (1934-2021). Here you can see him showing his affection for the Iranian leader Ahmadenijad. In the ultimate obscenity, in his book Derekh ha-Hatzalah (Monsey, 2002), pp. 40ff., Beck actually explains why it is halakhically appropriate to congratulate terrorists on a “successful” operation, namely, when they murder Jews. Thus, it is entirely in line with Neturei Karta ideology for them to praise the October 7 “resistance.” Here is his outrageous conclusion (p. 44):

מותר לומר להפאלעסטינים יפה עשיתם שהרגתםכיון שעי דיבורים אלו יצמח הצלה להרבה מישראל המתנגדים לציונות

And what about the fact that even pious Jews will be hurt if Neturei Karta’s propaganda is successful and U.S. government aid to Israel is cut? Beck explains that this is not a problem, as the Zionists cannot be helped, even if the pious also would benefit (p. 41):

ועל אחת כמה וכמה לענין מורדים בה‘ וכופרים ומחטיאים כמו הציונים וכל כתותיהםשבודאי נאסר הסיוע להם בכל אופןאפילו שלא בענין העבירהואפילו יוצא תועלת מסיוע זה לצדיקים ועובדי ה

Over thirty years ago I was naive and thought that I might be able to have a productive correspondence with Beck. Here are three letters I received from him.

    

Regarding the third letter, I am not sure why he wrote that I “disguised” myself in my first two letters. I simply wrote to him with questions and never said or implied that I agreed with him in any way. In my second letter I actually strongly protested how he referred to Rav Kook. In his response to this letter he also answers my question how he could cite from R. Reuven Margaliyot’s commentary on Sefer Hasidim when R. Margaliyot was a religious Zionist whose book was published by Mossad ha-Rav Kook. (I never said that he was a maskil). In my third letter I attacked him for degrading great Torah scholars and I mentioned that R. Aharon Kotler supported the State of Israel. I never said he was a Zionist. My point was that once the State of Israel was declared, with the lives of millions of Jews depending on it, anti-Zionism in the sense of opposing the creation of a Jewish state was now no longer relevant. Once the State of Israel was created, anti-Zionism came to mean working to destroy the Jewish state, and thus putting millions of Jewish lives at risk. Satmar anti-Zionism is religiously based but remains entirely theoretical, even eschatological, and Satmar has always been absolutely opposed to allying with anti-Semites and terrorists and their supporters.)

See also here where a number of years ago I wrote the next few paragraphs (now updated slightly).

Readers should examine the following document, which is found in the Central Zionist Archives S25/4752

It is a copy of a letter sent to the Supreme Muslim Council in Jerusalem from Aryeh Leib Weissfish. Weissfish was later to become famous as one of the leaders of the Neturei Karta, and strangely enough he was also a great fan of Nietzsche. You can read about his colorful career here, where it mentions how he illegally entered Jordan in 1951 to bring a message from the Neturei Karta that Jordan should invade Jerusalem and the Neturei Karta would be its ally in this. When he was deported to Israel he was put on trial and sentenced to six months in prison.

In view of the fact that during World War II there was a fear that Germany would invade the Land of Israel and that this would also lead to the Arabs persecuting Jews, Weissfish wrote to the local Muslim leaders to let them know that the Old Yishuv type of Jews that he is speaking about are not involved in politics and that they oppose the Zionists. They have always treated the Arabs with respect and he therefore requests that these Jews be protected. He also offers to provide the names of the families who should be given this special treatment. As you can see from Yitzhak Ben-Zvi’s handwritten note at the bottom of the letter, Ben-Zvi copied it from the original letter which he found in the Supreme Muslim Council’s archives.

R. Shlomo Brody has recently published a fabulous book, with a great title, which is unfortunately very timely: Ethics of Our Fighters: A Jewish View on War and Morality. While I am sure I will have more to say about this book at a future time, I would for now just wish to add that when it comes to Neturei Karta and those of a similar mindset, I was wondering about some halakhic and ethical issues that Brody does not discuss. (In general, he does not discuss the home front.) For example, can such people be counted to a minyan? Are you allowed to give charity to them, and if not, how about the children who will suffer through no fault of their own? Can the children of such a family be kicked out of a yeshiva? If these people have businesses, should we boycott them, again, causing the children to suffer for the sins of their fathers? Or should we just ignore these people entirely? These questions are not only relevant when it comes to Neturei Karta, for as we have seen since October 7 there are many other enemies of Israel and the Jewish people. Some of them who support Hamas are themselves Jewish. As far as I know, there has not yet appeared an analysis of how such traitors are to be regarded in Jewish law.

2. A couple of people sent me something that was going around the internet asking what I thought, so I figured I would elaborate on the blog. Rashi, Deut. 1:12, quotes the Sifrei, Devarim, no. 13, that אריוס asked Rabbi Yose a question. In the ArtScroll translation of Rashi by R. Yisrael Isser Zvi Herczeg there is the following note on this passage: “Nothing other than what is mentioned here is known about this person. His name appears nowhere else in Torah literature.”

This is not exactly correct. As Louis Finkelstein points out in his edition of the Sifrei (p. 22), Tosefta Bava Metzia 3:11, records a question Arius asked the Sages. This is what appears in the important Erfurt manuscript of the Tosefta used by Zuckermandel in his edition, but Arius’ name does not appear in the Tosefta published in the back of the Talmud.[4]

In the updated version of the ArtScroll Rashi translation, they explain who Arius was (R. Herczeg had nothing to do with this update): “A 4th century C.E. Christian theologian whose views on religion clashed with standard church teachings; his followers are called Arians. (An analysis of his question to R’ Yose appears in Likkutei Sichos, Vol. 34, p. 15.)

 

I do not know why someone working at ArtScroll decided it was important to add this information. I also do not know why the person who added the information did not see the immediate problem. Arius, who at most was only in the Land of Israel for a short time, was a fourth-century theologian in the period of the amoraim. How then could he be asking questions of the tanna R. Yose or any of the other tannaitic sages? This alone should have been enough to show that the Arius mentioned by the Sifrei is not the Christian theologian Arius. When the ArtScroll Rashi is next reprinted, the updated note should be deleted as it is clearly in error, and the original note should be reinserted. I have to say that I find it of interest that the updated note has a reference to the Likutei Sihot of the Lubavitcher Rebbe, a figure who does not appear often in ArtScroll publications. This reference should definitely remain.

Where did ArtScroll get the information in the new note? Perhaps from the entry on Arius in the Otzar Yisrael encyclopedia (vol. 2, pp. 192-193). The Otzar Yisrael entry states, without any evidence, that the R. Yose mentioned in the Sifrei is one of the amoraim named R. Yose, not the tanna. But there is no reason to assume this to be the case, and lots of reasons to assume it is not so. We are fortunate that the Otzar Yisrael entry has a bibliography and we are thus able to see where they got their information from: R. Elijah Benamozegh’s Em la-Mikra to Deut. 1:13, which goes on for many pages.

I have great respect for R. Benamozegh and have given a number of classes on him.[5] Yet as mentioned already, there is no reason to think that the R. Yose mentioned in the Sifrei is an amora as R. Benamozegh claims. We should assume that he is the second-century R. Yose ben Halafta for this is how the tanna R. Yose is mentioned in rabinic literature, namely, without his father’s name. I would also note that the Talmud records a number of R. Yose ben Halafta’s conversations with non-Jews. Therefore, his interaction with Arius makes perfect sense

As for Arius, Moshe David Herr believes that he must have been a convert to Judaism. Referring to his mention in Tosefta, Bava Metzia 3:11, Herr writes “This question, which manifests expert knowledge of the halakhah on the part of the inquirer, proves that he was a Jew.”[6]

Returning to R. Benamozegh, it needs to be mentioned that his commentary on the Torah suffers from the same problem as many others, in that as one who was up to date in modern historical scholarship and science, he tries to explain the Torah in the light of this knowledge. Yet mid-19th century understandings in these areas has usually been rejected and thus cannot speak to 21st century readers. On occasion, what he says will be found offensive by modern readers, such as his discussion of the curse of Canaan in his Em la-Mikra to Genesis 9:25. Here it is from R. Eliyahu Zini’s wonderful new edition.

Although it could be that R. Benamozegh himself held the liberal view of Tiedemann, the even-handed way he discusses the matter does not make for comfortable reading today.

R. Israel Lifshitz, the author of Tiferet Yisrael on the Mishnah, also liked to connect modern scientific discoveries with Torah and rabbinic texts. Unfortunately, not all of his information  was correct. Since R. Benamozegh mentions orangutans, let me tell you what R. Lifshitz has to say about them, which he must have read in some book or newspaper. In his commentary to Kil’ayim[7] 8:5, he states that in Africa orangutans are taught to chop trees and draw water, to wear human clothes and to sit at a table and eat with silverward. (In truth, orangatuns are not found in Africa but are native to parts of Asia.) And in case people were wondering, he also adds that despite the orangutan’s near-human characteristics, when it dies it is regarded like every other animal and does not create ritual impurity as do dead humans.[8]

Although, as mentioned, R. Lifshitz must have acquired his incorrect information about orangutans from some book or newspaper, I should note that the Talmud discusses how monkeys are capable of performing various tasks for humans and this might have influenced R. Lifshitz in assuming the same to be true of orangutans. The expression מעשה קוף is well known, and this page gives a number of talmudic references to actions of monkeys. However, the list is not complete and it omits Bava Kamma 101a which mentions a monkey dying wool with a particular dye. It also omits Yadayim 1:8 which refers to a monkey pouring water over a person’s hands. For those interested in the topic, R. Baruch Plotchek wrote an article on monkeys in the Bible and Talmud.[9] One of the interesting things he points out is that Kohelet Rabbah comments on Eccl. 6:11: כִּי יֵשׁדְּבָרִים הַרְבֵּהמַרְבִּים הָבֶל, that included in the “vanity” is the raising of monkeys. This shows that when this Midrash was written, people, presumably including Jews, kept monkeys as pets. Also of interest is that Plotchek identifies what we can term proto-Darwinian ideas in some rabbinic statements. As far as I know, he was the first to make this point, which was later picked up by others trying to reconcile Torah and evolution.

3. In the last post I pointed to an interesting explanation of R. Chaim Heller that solved a textual problem. Here is another one he offered: Piskei Tosafot (at the back of the Vilna Shas), Shabbat, no. 130, states that in a city that has pigs, the buildings in it are exempt from the law of mezuzah: עיר שיש בה חזירים פטורה מן המזוזה

There is no talmudic source for this passage and on its face it is astounding, as why should the presence of pigs mean that Jews don’t need a mezuzah? If followed in practice, this text would mean that no city in the Christian world needs mezuzot. (In fact, from statements of Ashkenazic rishonim we know that in medieval Ashkenaz many people did not affix mezuzot, and perhaps this laxity arose from the view recorded in Piskei Tosafot.[10])


R. Heller suggested that there was a scribal error and that instead of עיר שיש בה חזירים the text should read דיר שיש בה חזירים, that is, a pigsty does not need a mezuzah.[11] I don’t think this emendation is found in any of R. Heller’s writings, but it is mentioned in his name by Dr. Tibor Juda, the late son-in-law of R. Pinchas Hirschprung,[12] in this video about R. Abraham Price, beginning at 36:38. R. Price was a student of R. Heller in Berlin before he came to Toronto. Not surprising, Abraham Rosenberg, whom I discussed in previous posts here and here, also mentions this emendation which he must have heard from R. Heller.[13]

This emendation is actually mentioned previously by R. Meir Soloveitchik in his Ha-Meir la-Aretz, p. 64a.[14] Here is the title page of the book.

R. Soloveitchik, after mentioning the emendation, offers his own alternative emendation:

ועוד נל יותר טוב להגיהעיר שאין בה חזירים כו‘, דטנופת הרבה מצוי בה והול כמקום שהתינוקות מצוין בה

Before people start trying to figure out how this R. Soloveitchik is related to R. Chaim, let me note that there was at least one other Soloveitchik family in Europe, and this family was not levi’im like the more famous Soloveitchik family. R. Meir Soloveitchik came from the less distinguished Soloveitchiks.[15]

4. In my last post I dealt with euthanasia and suicide, and in response to that Ariel Fuss sent me something that I found truly astounding. If you had described it to me without me seeing it “inside”, I would have thought it was Purim Torah, or perhaps a halakhic paradox of the sort I have written about.[16] But no, we are talking about a real piece of rabbinic learning. Here is R. Mordechai Shlomo Carlebach, Havatzelet ha-Sharon, Vayikra (2), pp. 476-477.

R. Carlebach assumes that suicide falls under the prohibition of murder. While there are those who disagree (see Encyclopedia Talmudit, s. v. me’abed atzmo le-da’at), the majority opinion is that suicide is a form of murder, and this seems to be Maimonides’ opinion as well. R. Carlebach raises the issue of what to do if you see someone about to commit suicide. When someone is about to murder another, there is an obligation to kill the rodef. If suicide is a form of murder, R. Carlebach reasons that one who is going to kill himself is to be regarded as a rodef (of himself) and according to the halakhah you would be obligated to kill the man before he killed himself.

At first glance this seems crazy, since what sense does it make to kill a man because he is going to kill himself? But as R. Carlebach points out, by killing the man before he kills himself, you prevent him from violating the prohibition against murder, which will be a great benefit to him in the World to Come. R. Carlebach notes that when he presented this idea to R. Shlomo Zalman Auerbach, R. Auerbach liked what he said. Of course, it is impossible for us to know whether R. Auerbach really took the argument seriously or just smiled because it is such an interesting and counterintuitive approach.

When I shared this text with R. Moshe Maimon, and wondered whether R. Carlebach meant what he wrote seriously, he replied:

I think he means it seriously, though in a Talmudic sense, not in a practical sense. RSZA similarly approved it from a pilpulistic standpoint, knowing that R. Carlebach was in no way insinuating that this should dictate practical Halachah. To the halachic mind it is a form of mercy killing, since you are saving him from the sin of murder. Of course, practically, it could never be implemented since the modern sensibilities (at least from the Besamim Rosh and on!) dictate that one committing suicide be viewed as a victim rather than a perpetrator.

Speaking of the laws of rodef, there is another astounding passage in R. Shimon Sofer, Hitorerut Teshuvah, vol. 2, no. 157:2. R. Sofer states that if you see a cat chasing after a chicken to kill it, if the only way you can save the chicken is by killing the cat, then there is a mitzvah to kill the cat. He actually compares this to the law of rodef with a human. (At the end of the responsum he also mentions hashavat avedah and tza’ar baalei hayyim.)

See, however, R. Netanel Meoded of Hong Kong, Mizrah Shemesh, vol. 2, p. 287 n. 195, that R. Shlomo Zalman Auerbach rejected the notion that there is a concept of rodef with regard to animals.

Regarding R. Sofer’s Hitorerut Teshuvah, the volumes are unusual as right at the top of each page it tell the reader not to rely on the halakhic conclusions in practice. I don’t know of any other responsa volume that does such a thing. In a future post I will cite sources that say that one does not need to pay attention when an author tells us not to rely on his rulings in practice.

5. Continuing with the new pictures of R. Jehiel Jacob Weinberg, here is one of him and Chief Rabbi Isaac Herzog.[17] It is from R. Herzog’s visit to Montreux in the summer of 1950.

Here is R. Weinberg in conversation with R. Bezalel Rakow, at the time a rebbe in the Montreux yeshiva and later the rav of Gateshead.

Here is R. Weinberg with Robert and Francisca Goldschmidt at the wedding of their daughter Reine to Schmuel Höchster. The Goldschmidts owned a kosher pension in Montreux and their grandson is the famous R. Pinchas Goldschmidt.

Here is R. Weinberg with Mr. Yechezkel Rand and his wife. Rand was a leader of the Montreux Jewish community.

Here is R. Weinberg with his student R. Yaakov Fink. R. Fink was able to leave Germany and make his way to Argentina in 1939. He would later serve as chief rabbi of Brazil and later of Argentina before becoming av beit din in Haifa.

The story of his aliyah is of interest. Already in 1950 he discussed moving to Israel with the Hazon Ish. He was concerned about whether this was proper since he felt a responsibility to his community in Argentina. The Hazon Ish told him without hesitation that he should come to Israel. He thought that the education of R. Fink’s children, which was problematic in the Diaspora, came before all other concerns, and therefore he – and anyone else – who could come on aliyah should do so.

Interestingly, on returning home he first traveled to the United States where he also discussed the matter of his aliyah with R. Aharon Kotler. R. Kotler had the opposite approach, telling him that he must not abandon his community. Perhaps to let him know that he should not give up all hope of aliyah, R. Kotler added that when he himself goes to Israel, then R. Fink can also come.

Years later R. Fink decided to move to Israel, after being chosen as av beit din of Haifa. He had obviously decided not to follow R. Kotler’s opinion in this matter. Yet an amazing thing was to happen. R. Fink flew to Europe with his family and spent a few weeks in Montreux with R. Weinberg, whom he had not seen since before World War II. The pictures above and below are from that visit. He then went to Paris from where he was to fly to Israel. When he boarded the plane, and saw more religious travelers than usual, he inquired what the occasion was. It was then that he learned of the passing of R. Aharon Kotler and that his coffin was being brought to Israel on that very plane. So in the end it happened just as R. Kotler told him years before, that when he would go to Israel then R. Fink could also go![18]

Here is a picture of R. Weinberg with R. Fink on the left. On the right is R. Joseph Blumenfeld who held the position of av beit din in Tel Aviv. He also lived in the United States during the 1950s and while there he printed his edition and commentary of the medieval work Kaftor va-Ferah by R. Ishtori ha-Parhi.

Here is the title page as it appears on Otzar ha-Chochmah.

Notice how the original place and date is missing and ניו יורק תשיח has been added to the title page. That should raise everyone’s suspicions. If you look at the version on hebrewbooks.org you can see why the original place and date were removed.

On the title page R. Blumenfeld wrote שנה עשירית למדינת ישראל. This can still be read on the copy found on hebrewbooks.org, although someone crossed this out, not liking R. Blumenfeld’s Zionist sentiments. 

Here is another example of the title page that I copied many years ago in the library of the Jewish Theological Seminary.

While in the United States, R. Blumenfeld obviously got to know Louis Finkelstein. When his work appeared he sent him a copy with a nice inscription and Finkelstein donated it to the library. The inscription might imply that Finkelstein assisted him financially in publishing the work.

Regarding R. Fink, although R. Weinberg thought very highly of him,[19] there was one time when R. Fink disappointed him. In 1952 when he was appointed chief rabbi in Brazil there was an article on this in Ha-Pardes.[20] Although the article is signed by someone else, R. Weinberg believed that the biographical information in it was provided by R. Fink. In describing R. Fink’s background it states:

תלמיד מובהק של הרב הגאון ה‘ אברהם שטיינברג מברודישאצלו למד בשעה שישב בעיר הבירה וינהבשנות המלחמה הראשונה ואז שמש גם את הגאון העצום ר‘ יוסף אנגל וגדולי ישראל אחריםמשומעי שעוריו של הרב יחיאל וינברגהעילוי מסלובודקה בסמינר הרבנים בברלין

R. Weinberg wrote to R. Joseph Apfel, R. Fink’s classmate at the Berlin Rabbinical Seminary, with his annoyance at the above formulation. He assumed that R. Fink, having moved into more haredi circles, was embarrassed to acknowledge that he had been an actual registered student at the Berlin Rabbinical Seminary, and therefore wrote that he just attended R. Weinberg’s shiurim at the Seminary.[21] In an earlier post on the Seforim Blog here, Menachem Butler notes that when R. Yosef Zvi Dunner passed away, the obituary in Ha-Modia wrote:

At 19 he wanted to study in the yeshivos of Lithuania, but his father felt that due to the shortage of Rabbanim in Germany, it would be better for him to remain in the country and study in the beis medrash of Harav Yechiel Yaakov Weinberg, zt”l, author of Seridei Eish. For four years, the young Rav Yosef Tzvi studied in this beis medrash, where he was awarded semichah at a young age after astounding those testing him with his penetrating understanding of all four sections of the Shulchan Aruch. He was granted the title yoreh, yadin.

Instead of writing that R. Dunner studied at the Berlin Rabbinical Seminary, Ha-Modia invented a new institution, the beis medrash of R. Weinberg.

This is a phenomenon we have sometimes seen with people who studied at Yeshiva University and/or RIETS but in later years did not want to acknowledge this. At most they would say that they heard shiurim from the Rav, without noting that they were actually registered students in YU or RIETS.

Returning to the pictures, here is a one of R. Weinberg’s father.

Here is his mother.

Here is R. Weinberg’s mother and other members of his family at his father’s grave in Ciechanowiec, Poland.

6. In the latest Hakirah (vol. 35, Summer 2024), R. Shmuel Lesher mentions Chaim Bloch’s Passover Haggadah forgery. Bloch claimed to have had a 1521 manuscript where instead of “Pour out your wrath on the nations that do not know you”, the mansucript had, “Pour out your love on the nations that know you”. This is such an obvious forgery, from a person whose forgeries have become legendary (see my post here, R. Jonathan Sacks included this forged text in his own Haggadah.

On p. 286 n. 12 Lesher states that assuming Bloch’s Haggadah passage is a forgery, the motivation for the forgery remains unclear. Let me first state that there is no reason for “assuming” it is a forgery, as there is no doubt whatsoever. As for the motivation, this too is clear. Bloch was very interested in apologetics and softening anti-Gentile passages that appear in the Talmud and later rabbinic literature. He even devoted an entire (very dishonest) book to this topic, Ve-Da Mah She-Tashiv (New York, 1962). In my post here I include a page from Bloch’s Heikhal le-Divrei Hazal u-Fitgameihem (New York, 1948), p. 9. Here Bloch invents an entire story about how before the war there was a collection of letters in Vienna dealing with the sections of the Talmud that were removed by non-Jewish censors. He tells us that R. Elazar Horowitz wrote a letter to R. Judah Aszod stating that R. Moses Sofer did not wish to print a Talmud with the censored sections. The reason R. Sofer supposedly gave was that it was divine providence that these passages were removed, and once they have been removed they should not be put back. Based on additional imaginary letters, Bloch tells us more fairy tales about other nineteenth-century rabbinic leaders who agreed that the censored passages should remain out, because of the antisemitism that could be generated by them.

Bloch’s forgery of the Gentile-friendly “Pour out your love” passage is no different than his other forgeries dealing with rabbinic texts that present a negative view of non-Jews and that were often cited in non-Jewish attacks on the Talmud and rabbinic literature.

* * * * * *

[1] See Menachem Keren-Kratz, “Satmar and Neturei Karta: Jews Against Zionism,” Modern Judaism 43 (Feb., 2023), pp. 66ff.
[2] Mesorat Moshe, vol. 2, p. 432.
[3] It could be that my language, implying that their current behavior is worse than a hillul ha-shem, is inappropriate, as in some respects hillul ha-shem is the worst imaginable sin. See Yoma 86a that unlike other sins, only death can atone for hillul ha-shem. The Hazon Ish pointed out that the three great sins for which one must martyr oneself rather than violate could indeed be pushed aside (i.e., violated) in order to prevent a hillul ha-shem. (Obviously, this type of decision is only something that the greatest rabbinic leaders could rule on.) See Shlomo Cohen, Pe’er ha-Dor, vol. 3, p. 185.

R. Samuel Mohilever writes:

חלול ה‘ היותר גדול המאריך גלותנו והמעכב גאולתנו ופדות נפשנו הוא אשר על ידי רוע מעשינו יחולל כבוד אומתנו בגוים לאמרראו מעשה העם הזהאשר לפי דעתו הוא הנבחר מכל גויי הארצות להיות לעם סגולה עליון על כלומעשיו גרועים ואבדה חכמת חכמיו ודעתו שפלה וגם באמונתו ערב אמונות שוא וטפל ועוד הגדיל כי עשה את הטפל לעיקר

Mohilever, Berit ha-Ahavah ve-ha-Shalom, ed. Munitz (Jerusalem, 2023), p. 210.

Here is one way hillul ha-shem was dealt with in years past: R. Hayyim Joseph David Azulai, Ma’agal Tov ha-Shalem, ed. Freimann (Jerusalem, 1934) p. 88, mentions how the leaders of the Jewish community in Modena, Italy cut off the beard of a rabbi who created a hillul ha-shem. See the explanation of the passage in R. Meir Mazuz, Mi-Gedolei Yisrael, vol 1, p. 218. As R. Mazuz notes, punishing someone by cutting off his hair is mentioned in Beit Yosef, Even ha-Ezer 16, s.v. כתוב and Shulhan Arukh, Even ha-Ezer 16:4. I do not know if this only means hair of the head or if it also includes the beard. Aaron Chorin, who would later become a leading advocate of religious reform, was also threatened with having his beard cut off. See R. Nosson Dovid Rabinowich, Safra ve-Sayfa (Jerusalem, 2013), pp. 139 n. 37, 171.

Hillul ha-shem is sometimes written as hillul ha-Shem or hillul Hashem. Yet this is a mistake. It is not Hashem (with a capital “H”, implying “God, or ha-Shem), but hashem, (or ha-shem). That is, it is not a desecration of God but of His name. Thus, one should not write ‘חילול ה but rather חילול השם. See Lev. 22:32: ולא תחללו את שם קדשי. Nissim Dana titled his 1989 translation of one of R. Abraham Maimonides’ works ספר המספיק לעובדי השם. Yet the last two words should be לעובדי ה.

Regarding the use of “Hashem”, I found something very confusing in the ArtScroll Stone Chumash. In place of the Tetragrammaton, ArtScroll does not use the word “Lord” but “HASHEM”, as this is how people pronounce the Tetragrammaton. While ArtScroll is the first translation to adopt this approach, it does have a certain logic. However, this logic breaks down a few times on p. 319 when the ArtScroll commentary attempts to explain what occurs at the beginning of parashat Va-Era. For example, “Or Ha-Chaim comments that God’s essence is represented by the name HASHEM.” This makes no sense, as there is no name HASHEM. The commentary should have written that “God’s essence is represented by the four letter name of God.”

Here is what Maimonides says about one who separates himself from the community, and it certainly applies to Neturei Karta (Mishneh Torah, Hilkhot Teshuvah 3:11):

A person who separates himself from the community even though he has not transgressed any sins, but has separated himself from the congregation of Israel and does not fulfill mitzvot together with them, does not take part in their hardships or join in their [communal] fasts, but rather goes on his own individual path as if he is from another nation and not one of them [the Jewish people], does not have a portion in the world to come

[4] The version that appears in Midrash Tannaim, Devarim, ed. Hoffmann, p. 7, has the name as ארווס. However, as R. David Zvi Hoffmann points out, this is an error for אריוס. See ibid., pp. 250, 253. The version that appears in the medieval Bereshit Rabbati of R. Moses ha-Darshan, ed. Albeck, p. 201, has the name אריסטו. I think it is obvious that not recognizing the name Arius, someone changed it to Aristotle, without realizing that Aristotle (fourth century BCE) lived hundreds of years before R. Yose (second century CE). See also here.

Regarding Aristotle, while some traditional Jewish sources speak highly of his learning, others refer to him in all sorts of negative ways. R. Joseph Solomon Delmedigo, in his praise of R. Elijah Mizrahi, actually compares his intellect to that of Aristotle. I do not know of any other such passage in rabbinic literature in which a rabbi is praised by comparing him to Aristotle. See Delmedigo, Novelot ha-Hokhmah, p. 32b:

ששכל הראם רם ונשא . . . כשכל ארסטוט בדקות ועומק ויושר

See also R. Meir Mazuz’s comment on this passage, Mi-Gedolei Yisrael, vol. 1, p. 359 n. 27.

[5]  See here and here (the first of three parts).
[6] “The Historical Significance of the Dialogues between Jewish Sages and Roman Dignitaries,” Scripta Hierosolymitana 22 (1971), p. 149.
[7] The word is pronounced kil’ayim and not kilayim, as there is a sheva under the ל. People sometimes mispronounce it as kilaim, as if there is a patah under the ל and a hirik under the א of כלאים. This reminds me of another common mistake. If you google you will find that many refer to the concept of “shomer pesaim (petaim).” Yet this is a mistake. The verse in Psalms 116:6 reads: שֹׁמֵר פְּתָאיִם. The second word is pronounced pesayim (petayim), as the א is silent. Another example where the א is silent and many people make a mistake is with the name דניאל. Even people who have this name often pronounce it in Hebrew as Doniel (or Doniellah for women). Yet the name is properly pronounced Doniyel: דָּנִיֵּאל. This is unlike the name אֲרִיאֵל where the tzere is under the א and the word is pronounced Ariel. Another common mistake is that people often refer to sidelocks at peyot, but it should be pe’ot, as there is no yud in the word.
[8] In 1876 R. Abraham Bick published Yesod Ohel Moed. I cannot tell you where the book appeared, as there are two title pages, one for Pressburg and one for Lemberg.

The language on the title page is very unusual in its detail of what the book contains. On p. 53b he rejects R. Lifshitz’s identification of the orangutan with a creature mentioned in the Jerusalem Talmud, stating that he has seen an orangutan at the Hamburg zoo and it does not match the talmudic description. He then makes the following statement, affirming the truth of the Sages’ scientific statements even if modern man has trouble accepting them:

וקבלת חזל נאמנה מאוד ולא ראינו אינה ראי‘ ונודע שחוקרי הארץ לא יכלו לתור תיכונית אפריקא וגם במציאות בני אדם באמעריקא נוכח כפות רגלינו הכחישו כולם עד שנודע שידיעתם הבל וגם פה חזל ידעו הכל בסוד ה‘ ליראיו

[9] Ha-Mitzpeh, Oct. 25, 1912, pp. 4-5, Nov. 1, 1912, pp. 4-5, Nov. 15, 1912, p. 5, Nov. 22, 1912, p. 5.
[10]
See R. Mordechai Menahem Honig’s learned note in Yerushatenu 1 (2007), p. 213 n. 43, which provides all the relevant information about the Piskei Tosafot passage and how this idea is also cited from the ירושלמי. See also Saul Lieberman, Ha-Yerushalmi ki-Feshuto, Introduction, pp. 26-27; Daniel Sperber, Minhagei Yisrael, vol. 8, pp. 97-98, n. 6.

Regarding laxity with mezuzot and the notion that a city with pigs is exempt, see R. Aaron ha-Kohen of Lunel, Orhot Hayyim, ed. Schlesinger (Berlin, 1902), vol. 2, p. 195:

השתא שאין העולם נזהרין משום האי טעמא דסמכינן אהא דאמרינן עיר שיש בה חזירים פטורה מן המזוזהוכתב הרי מקורבל שאין זה נמצא בשום מקום לא בתלמוד ולא בירושלמי

[11] R. Eliezer Waldenberg, Tzitz Eliezer, vol. 5, no. 18, suggests another emendation: שער instead of עיר. See also R. Ovadiah Yosef, Yabia Omer, vol. 3, Yoreh Deah, no. 16.
[12] 
I treasure the conversations I had with Dr. Juda when I visited Toronto and he honored me by attending various talks I delivered. In one conversation he told me of the high esteem R. Hirschprung had for Rav Kook, and how R. Hirschprung noted that while R. Joseph Hayyim Sonnenfeld was certainly a great talmid chacham, in no way is he to be regarded as on the same level as R. Kook. Regarding R. Hirschprung, let me also record what I heard from R. Shlomo Goren in 1985, when he spoke at Beit Midrash le-Torah (BMT) in Jerusalem, that R. Hirschprung was the only one alive who knew the entire Talmud by heart.
[13] Tikunei Nushaot bi-Yerushalmi, last page of the book (unnumbered; called to my attention by Moshe Dembitzer).
[14] Moshe Dembitzer informed me that R. Moses Shimon Sivitz, Ha-Mashbiah, vol. 3, p. 53b, also suggests this emendation. R. Baruch Epstein, Barukh She-Amar, p. 75, likewise suggests this.
[15] See here. There was another famous Soloveitchik, Max Soloveitchik from Kovno, who wrote perhaps the earliest Hebrew book on biblical criticism and was a government minister in Lithuania. See here. I don’t know which Soloveitchik family he was from.
[16] See here.
[17] The pictures in this post are found in Ganzach Kiddush ha-Shem in Bnei Brak. I thank R. Abraham Abba Weingort for his help with identifying some of the people in the pictures from Montreux.
[18] Fink, Tiferet Yaakov, pp. 49, 56 (first pagination).
[19] See for instance R. Weinberg’s letter in Fink, Tiferet Yaakov, p. 348.
[20] November 1952, pp. 28-29.
[21] See R. Weinberg’s letter in Ha-Ma’yan 32 (Tamuz 5752), pp. 16-17. For a picture of R. Fink’s Berlin Rabbinical Seminary semikhah, see Fink, Tiferet Yaakov, p. 339. The semikhah is signed by R. Weinberg, R. Samuel Gruenberg, and R. Alexander (Shimon Zvi) Altmann.