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Some Assorted Comments and a Selection from my Memoir, part 2

Some Assorted Comments and a Selection from my Memoir, part 2
by Marc B. Shapiro
1. In a recent Jewish Action (Summer 2009), p. 21, Elli Fischer writes:
Brandeis University has been enclosed by an eruv for thirty years, longer than any other campus not adjacent to an established Jewish community. Since Brandeis is a Jewish institution, the eruv is funded by the university (as opposed to the students). . . . Rabbi David Fine, who graduated from Brandeis in the mid-1980’s, recalls checking the eruv as a student. . . . The first two JLIC rabbis to serve at Brandeis, Todd Berman and Aharon Frazer, each implemented minor upgrades to the eruv.

 

This gives me the opportunity to correct some errors and tell part of the story of the Brandeis Orthodox community. The eruv was first established in the 1982-1983 school year, when R. Meir Sendor was the Orthodox advisor. (Sendor is currently the rabbi of Young Israel of Sharon and is unusual in that he is both an academic scholar of Kabbalah, with a PhD from Harvard,[1] and also involved in Kabbalah from the spiritual side.) Rabbi Sendor informs me that Rabbi Yehudah Kelemer was the initial halakhic advisor, and Rabbi Shimon Eider was later brought in to be the official rav ha-machshir. (R. Eider later helped in putting up the eruv in Sharon, which was the first eruv in New England.)
When I arrived in Brandeis in the fall of 1985 we did not carry on Shabbat. (Contrary to the Jewish Action article, David Fine didn’t arrive at Brandeis until two years later.) I assume that due to some structural changes on campus, the eruv was no longer functional. During that academic year, Rabbi Eider returned, did what needed to be done, and the eruv was once again kosher. At this time, R. Yaakov Lazaros, a Chabad rabbi in Framingham (with semichah from R. Moshe Feinstein), was the Orthodox advisor.
The university paid (and I assume still pays) for the eruv’s upkeep, but this has nothing to do with Brandeis supposedly being a Jewish institution. In fact, it is not a Jewish institution. Brandeis paid because it saw this as an important service to the Orthodox community. The university has expanded since the 1980’s so that is probably why changes to the eruv had to be made. I don’t like the word “upgrade” that Fischer used, because “upgrade” means to improve the quality of something, and I don’t think that Rabbi Eider’s eruv needed to be improved.
When one speaks of Orthodox life at Brandeis, a lot of credit must go to Rabbi Albert Axelrad, who was the Reform Hillel rabbi at Brandeis. He is someone who over time I came to admire greatly, even though our religious outlooks were so very different. What Weinberg jokingly said about another Reform rabbi applies equally to Axelrad: He is a “hillul ha-shem,” (hillul ha-shem in quotation marks!) because he shows that “one can be an upstanding and noble man, full of the spirit of love for Israel, its Torah, and its language,” even if one is not a halakhic Jew.[2]
In ways that people don’t realize, Axelrad greatly assisted Orthodox growth on campus, and today Brandeis has a very large Orthodox contingent.[3] It was Axelrad who made sure that there would be an Orthodox advisor on campus, paid for from the Hillel budget. Yet despite his leaning over backwards to help the Orthodox, there were always those in the Orthodox community who had negative feelings towards him, not only ideologically, but also personally. These were people who came from yeshivot and had never had any contact with a Reform rabbi, and here was one who performed intermarriages. Axelrad had also been involved in some leftist causes and has the dubious distinction of having been officially put into herem, ceremony and all, by Rabbi Marvin Antelman. He shared this honor with the entire membership of the New Jewish Agenda, whom Antelman also placed under herem. (I mentioned Antelman in a previous installment and hope to return to him as his books are deserving of their own post.)
Rabbi Lazaros was only at Brandeis for one year and he was followed by Rabbi Marc Gopin. Those who saw the video on the Rav will probably remember Gopin as he has a few appearances in it. At the time he was working on his dissertation, which focuses on Samuel David Luzzatto.[4] He has also published a nice article on Elijah Benamozegh.[5] Since then he has made an international reputation for himself in the area of conflict resolution, travelling widely and publishing a number of books.[6]
Gopin was followed by another rabbi, a RIETS graduate, who would have been very good for the community in another ten years. But at this time he was too much to the right for them. The community had always been a somewhat liberal place. I recall the outrage among many when R. Moshe Dovid Tendler came to campus and expressed his feelings about homosexuality. There was the same outrage when the new campus rabbi said similar things. (Shmuley Boteach or R. Chaim Rapoport would have been more in line with the students’ feelings.) The following should give a further sense of the liberal nature of the community: The practice on Shabbat morning when taking the Torah out of the ark was for the hazan to carry it through the women’s section. This struck everyone as a very nice thing to do, and although it is not done at the typical synagogue, college is a very different place. Another example of how college differs from the “real world” is that during Shabbat morning services women routinely give divrei Torah, yet this is not something that most “regular” shuls are willing to allow.
When Rabbi Lazaros was the Orthodox advisor he ruled that the practice of carrying the Torah on the women’s side was forbidden. From the way he explained his decision I understood that the major issue wasn’t carrying the Torah on the woman’s side per se, but rather women kissing the Torah. As he was the rav, we had to listen to him, even on the Shabbatot that he was not there. However, in an act of rebellion the community made a decision that when the Torah was taken out of the ark the hazan, who now could not walk around the women’s side, would also not walk around the men’s side. He would bring the Torah right to the bimah. When the Torah was returned to the ark the hazan walked to the front of the synagogue and sang Mizmor le-David, once again without walking around the men’s side. The following year, with the arrival of a new Orthodox advisor, the community revived the old practice of carrying the Torah on the women’s side.
When I was the Orthodox advisor in the early 1990’s the Orthodox culture on campus had changed, and the situation with carrying the Torah was exactly reversed from what it had been in the 1980’s. In the 1990’s it was the students, or rather some students, who wanted to stop carrying the Torah on the women’s side. They didn’t think that an Orthodox shul could have such a practice. My position was that the minhag had to remain the way it was. At that time there was a very dynamic Ramah-type minyan and if the Orthodox were seen as too close-minded we would lose people to the Conservative minyan. In fact, it was precisely because of the liberal nature of our minyan that many non-Orthodox were attracted to it, and a number of students adopted an observant lifestyle while at Brandeis. While some students, coming to Brandeis after a year in Israel, wanted the minyan to be just like their shul in Teaneck and the Five Towns, the truth was that the minyan, to be successful, had to be run like an out of town shul.
This was not the only time I felt that for the sake of the wider appeal of the Orthodox community I had to make decisions that got some people upset. On Friday night there was a communal meal for all the different denominations. Often a woman would say kiddush. After that everyone could, of course, make their own kiddush. But there were some people who wanted to make a big deal about the women saying kiddush, and were also saying that men are not yotze with this, no matter which woman is reciting the kiddush. At the same time that this was happening, there were also those in the non-Orthodox groups who wanted to start having women lead the communal birkat ha-mazon. Until then, out of deference to the Orthodox, only a man led it.
We have a talmudic principle that if you try to grab too much you will end up with nothing, so I had to make a choice. The real halakhic issue here was birkat ha-mazon, as a woman cannot be motzi a man.[7] Therefore, I told the students that it was OK for the women to make kiddush but not birkat ha-mazon, and anyone who wanted to should make his own kiddush. This compromise was accepted. A year prior to this, before I was working at Brandeis, I had been wondering about this issue and asked R. Yehudah Herzl Henkin if it was permitted for a woman to say kiddush for a man. He replied in the affirmative. Shortly after receiving his answer, the same issue became pressing at Harvard Hillel. I told the Orthodox rabbi at Harvard, Harry Sinoff, what the practice at Brandeis was and that he might want to consult with R. Henkin. This is the responsum R. Henkin wrote, published here for the first time. (See also Bnei Vanim, vol. 2, pp. 40-41.)

I myself wrote a short Hebrew “mini-responsum” dealing with women, kiddush, and birkat ha-mazon. It was taped to the wall of the campus beit midrash, but with the move to the right, I am sure that not too long after my departure the responsum came down.
I just mentioned the Brandeis beit midrash, which it itself significant. Other than Brandeis, I don’t know if there is another secular university in the world that has a beit midrash in a university building. When the beit midrash was established in the early 1990’s it was a great achievement. It was an entirely student led project, but again, Rabbi Axelrad’s involvement, behind the scenes, was crucial. He spoke at the beit midrash dedication, as did the Boston Rosh Kollel.
There were also some minor conflicts related to the beit midrash. Although it was the Orthodox students who arranged for it, it was obviously something that all students could be part of. The question came up of what type of books should be stocked there. My feeling was that since the library had all the scholarly and academic books, there was no reason for these sorts of texts to be in the beit midrash.
Another issue arose with the Boston kollel. They had recently become involved with Brandeis students as part of their outreach. One of the kollel guys, who was having a great influence on the students, wanted to start a gemara shiur on campus. This was fabulous. He wanted to give the shiur in the beit midrash, which was the natural place. However, he said that he could only do it if no women were allowed into the beit midrash during this time (even if they were not participating in the shiur). One of the women students complained to me, and I agreed that this was improper. The beit midrash was established for all students and must be open 24 hours a day for everyone. We could not have a situation where, like a pool, the beit midrash is closed to women for certain hours. It also went against the ethos of the community to declare that women are barred from attending certain classes. I told the male students who were organizing the shiur that it would have to take place somewhere else, and that is what happened.
Right when we were having the discussions one of the students drove to Brookline to attend Prof. Isadore (R. Yitzhak) Twersky’s gemara shiur, and he came back reporting that there was a woman in attendance. If the Talner Rebbe welcomed women to his shiur, were the Brandeis students supposed to be more “frum”? For those who have never seen a picture of my late teacher, who was also the son-in-law of R. Joseph B. Soloveitchik, here he is:

 

There was another time when the Boston Rosh Kollel gave a decision to some of the students that I felt could drive away the less religious if it was adopted by the community as a whole. Since there were students who thought that the Rosh Kollel should be regarded as the halakhic authority for the community, I was in a difficult situation. This was especially so as I myself had asked him questions in the past, so it would not be an easy thing to reject his ruling in this case. I consulted a well-known haredi posek with whom I had discussed other matters, including an issue of possible mamzerut that came up on campus. He agreed with my position but said that he could not put his decision in writing.
I know that some people will find this objectionable, but it never bothered me. Why should I care if he put it in writing? He knew that if he did he might be attacked. Given the choice between no pesak (if it has to be in writing) or an oral pesak, obviously the latter is preferable. Although at the time I told people who gave the pesak (and anyone who wanted to could call him up to confirm it), revealing it on this blog would, I think, fall into the category of “putting it in writing.” This posek is still functioning, and if he was afraid of being attacked fifteen years ago, all the more so today. (There are reasons why I am being vague about the particulars of the pesak.)
Returning to the Brandeis beit midrash, Prof. Marvin Fox also spoke at its dedication. This was significant as it was the first time, in my memory, that the students took advantage of this great scholar and talmid hakham.[8] There was such a disconnect at Brandeis between the academic life and the religious life that regarding the latter we all overlooked the people in our midst, those who were teaching us in the classroom. I too regret not speaking to Fox in greater detail. For example, having lived in Columbus, Ohio he knew R. Leopold Greenwald very well, and yet other than hearing one or two stories about him from Fox, I never took the time to find out more. Fox also knew Chaim Bloch, the great rabbinic forger. (Greenwald and Bloch were themselves good friends.) He told me once that there was a lot he could say about Bloch, and yet I was foolish and never took advantage of this.
After Fox’s death I discovered a letter from him to Bloch in which he explains how it happened that Greenwald’s great library ended up at the Hebrew Union College. He also tells us the tragic fate of Greenwald’s huge collection of letters, letters that he received from gedolim and scholars over the course of many decades. This must have been one of the largest and most interesting collections in the world, full of priceless material which should have been given to a library so a Greenwald archive could be established. Among these papers were also to be found manuscripts from Greenwald’s own pen that had not yet been published. It was perhaps with this in mind that Fox told me very firmly, at the Brandeis beit midrash dedication, not to let the letters of Weinberg out of my hands. He was convinced that some people would want to destroy them, or at the very least make sure they were not made public.
Here is Fox’s letter to Bloch, courtesy of the Leo Baeck Institute, New York[9]:

Returning to the RIETS graduate who was the Orthodox advisor following Gopin, there were a few issues that created problems. Yet the straw that broke the camel’s back was that, in accordance with R. Moshe Feinstein’s pesak, he would not give an aliyah to Rabbi Axelrad. Axelrad’s practice was to come to the Orthodox minyan once a year. Not giving him an aliyah was something that simply wouldn’t fly at Brandeis. It was not a question of Axelrad being concerned about his kavod. I am certain that he did not take personal offense. But he was very concerned about what appeared to be a growing split in the community, a community that had always gotten along so well. To publicly refuse to give the Hillel rabbi an aliyah would give the Orthodox community a sectarian flavor very much removed from both the Hillel ethos, as well from the majority of Orthodox students as well. It was not surprising, therefore, that this rabbi was let go in the middle of the year. After he was let go he tried to create a separate Orthodox community independent of Hillel. It was to be a real Austrittsgemeinde, and he told us that money would be forthcoming from New York to help us form the new community. Yet none of the students were interested.
R. Yehudah Herzl Henkin’s responsum, Bnei Vanim, vol. 2, no. 9, on whether one can give a Reform rabbi an aliyah, is dealing with the Brandeis situation (and was sent to me). Rabbi Henkin’s responsa have an unfortunate characteristic in that they don’t mention to whom he is writing, or give other identifying details. Without this blog post, future historians would have had no way of knowing which of the many American campuses he was referring to. Think of how much we learn about the history of Orthodoxy in America from R. Moshe Feinstein’s responsa. We see him answering questions to Canton, Berkeley and all sorts of other places. Knowing to where he is writing is vital for getting a sense not only of Orthodoxy of the time, but of the responsum itself, since his ruling for an out-of-the way place cannot always be applied when dealing with a center of Jewish life. More leniencies are obviously found in the former. With regard to Bnei Vanim, since R. Henkin doesn’t tell us to whom he is writing, when he is offering comments on another’s work we have no way of identifying this text if we want to get a better sense of the opposing position. (Other poskim have also published responsa that deal with Brandeis, and I will discuss them in a future post.)
I think readers might also find the following story interesting, from my tenure as Orthodox advisor at Brandeis. Every Friday night all the different groups on campus would get together for an oneg, at which there would be a speaker. Out of respect for the Orthodox a microphone was never used, which wasn’t really an issue since the onegs were not that big. However, it so happened that Hillel had an opportunity to bring in Dr. Ruth Westheimer[10] to speak on Friday night. She wasn’t going to speak about any sexual matters, but about her early years in Germany and her family that was killed.
This was at the height of Dr. Ruth’s fame, and there was going to be a huge crowd to come hear her. Hillel had decided to break with tradition and use a microphone at the event, which was to be held in a hall much larger than was usually used. I was told that Dr. Ruth actually insisted on the microphone, and the Hillel leadership didn’t feel like they could refuse. Before continuing with the story, let me go back a few years and tell how I, and my classmates, first heard of Dr. Ruth, because I think it says something about how yeshiva administrators are sometimes very foolish. I still remember how one day on the bus all the talk was about how the administration of Bruriah High School – the girl’s school of the Jewish Educational Center in Elizabeth, where I was a student – had sent out a letter to all parents telling them about a very dangerous radio show called “Sexually Speaking” that was on very late on Sunday night. The parents were told to make sure that their daughters didn’t listen to it—as if a parent can control what a teenager does with her radio in the privacy of her room. It was an era before computers, when we all listened to radio. (I am sure many readers remember the days when 770 WABC played music.)
Now anyone should realize that the perfect way to bring teenagers to do something is to tell them that they can’t do it. Although perhaps none of the Bruriah students had ever even heard of the show, upon receipt of this letter they all were determined to find out what the administration wanted to keep them away from. Not only that, but on the bus, the day after the letter was received, they told all the boys about this strange letter. None of us had ever heard of Dr. Ruth, and our school never sent out a warning letter to parents. Yet you can be sure that after hearing the news we too were curious. It happens that some students found Dr. Ruth so funny and interesting that they listened to her while they were on the phone together. The whole novelty was about an older Jewish woman, with a strong accent, speaking so openly about the things people don’t usually speak about.
Returning to the story, I was now put in a difficult situation, since the Orthodox community could not support an event that involved Sabbath violation. I told this to the Hillel administration and I told the students that I would not be going and it was not something that the Orthodox community could be part of. I remained in the dining room with those students who chose to stay, and those who wanted to hear Dr. Ruth went upstairs, where the event was taking place. Imagine my surprise when someone sits down next to me, and lo and behold, it is Dr. Ruth. She had obviously been told that there was some controversy about her speaking on the microphone, and she wanted to come speak to me. She was extremely apologetic, and said that unfortunately she needs the microphone, otherwise no one would be able to hear her. She also told me that she was sorry that this created problems for the Orthodox community. Dr. Ruth stayed with us for about ten minutes or so, and even bentched together with us (though though she hadn’t eaten anything!). She told me that she remembered singing the standard tune to the first paragraph of birkat hamazon when she was a child in Germany. I don’t know if she had sung it since.
One other event is worth recalling, and this took place when I was an undergraduate. It involved a dispute between me and my friend David Bernstein, and I would be curious to hear what readers have to say.[11] We decided to create an organization so we could invite in speakers. In order to get money from the university, we had to be officially chartered, so in our senior year we created the Brandeis chapter of Young Americans for Freedom. It had exactly two members (we had no interest in having any others join), and lasted for only one year (i.e., until we graduated). I was a little surprised when the Brandeis student senate agreed to charter us and give us money, but hey, you don’t look a gift horse in the mouth. (Had Matthew Brooks not already graduated, we probably would have let him join our little club. Brooks is now the executive director of the Republican Jewish Coalition. See here)
One of our events was sponsoring a debate between my father, Edward S. Shapiro, and Stephen S. Whitfield on what political ideology was more in line with Jewish interests. This had a very large turn-out and the problem was that Whitfield, although a Democrat, is more of a Truman or Kennedy Democrat. Every time my father cited some nonsensical statement by a Democratic figure, Whitlfield agreed that it was nonsense, so they ended up agreeing about as much as they disagreed. A debate isn’t much fun unless one of the speakers is prepared to defend what others regard as indefensible (e.g., anyone looking to defend ACORN?).
For those who don’t know, Whitfield is one of the leading experts on American Jewish culture, having written an enormous amount on the topic. My father started off as a general historian, but has also written a great deal on American Jewish history. I can’t help thinking that the reason the New York Times never reviewed his book on the Crown Heights Riots[12] – which was a National Jewish Book Award Finalist – was that they didn’t want to revisit the issue. It was, after all, the great embarrassment of the Dinkins administration, and the symbol of Democratic failure in New York City, ushering in the Giuliani era. Yet it was, precisely for these reasons, one of the most important events in recent New York City history, and one would think that the New York Times would have thought it worthwhile to review such a book. But no, they let it pass without comment.
We also brought in Dinesh D’Souza to speak. This was before he had published any of his books. In fact, I had never even heard of him when Bernstein suggested we bring him. His talk, though sparsely attended, was quite good. My dispute with Bernstein happened regarding our next speaker. I wanted to bring Lew Lehrman to speak. He was a prominent conservative who almost became governor of New York. He also had some honorary role in Young Americans for Freedom. Bernstein strongly disagreed. He argued that since Lehrman had converted to Catholicism a few years prior, he was not the sort of person we should be asking to speak. Although Bernstein was not Orthodox, that was a big issue for him and I agreed to drop the idea. But from my perspective, the fact that Lehrman had left the fold had no relevance for me in terms of having him speak. I wasn’t giving him an honor or asking him to speak on his theology. I wanted to hear him talk about economic matters and the situation in Nicaragua, and didn’t think that his personal life was of any relevance.
Although the cases are obviously not identical, there was a time when many people would have reacted the same way to inviting an intermarried speaker, and my response would have been the same. Since there is such a high intermarriage rate, one day most of us will have someone running for Congress in our district who is intermarried (some already have such representatives), just like most of us already know people, or have family members, who are intermarried. I don’t think this should have any relevance on my vote. In fact, I don’t think it should have any relevance on anything. Two generations ago, anyone who intermarried realized that he was doing something very much at odds with Jewish life and upbringing. Today, hardly anyone who grows up in the non-Orthodox world thinks that it is an issue at all, and it is only a matter of time before the Conservative movement accepts intermarriage. They have no choice, as their congregations are full of people whose children intermarry, and they can’t go on forever taking a hard line on this issue. Not only do they lose the intermarried children, they often lose the parents when the rabbi tells his long-time congregants that he is sorry but he can’t perform the wedding of their children or even announce it in the synagogue newsletter. I predict that within ten years we will see Conservative rabbis doing intermarriages.
The massive intermarriage rate has also impacted the Orthodox world. A number of years ago R. Jehiel Jacob Weinberg stated that he thought that it might be a good idea for a father whose son was going to intermarry to attend the wedding, thus not completely cutting off all ties.[13] Weinberg had known the problems of intermarriage very well, as the son of his good friend R. Shlomo Aronson, Chief Rabbi of Tel Aviv, had married a non-Jewish Russian woman. He also knew Jacob Klatzkin, the brilliant philosopher and Zionist thinker, who was the son of the even more brilliant R. Elijah Klatzkin. How many people know that Jacob Klatzkin intermarried?
According to Gotthard Deutsch, R. Esriel Hildesheimer’s son Levi intermarried.[14] It is hard to imagine that Deutsch, who was Levi’s contemporary, was mistaken with the facts, especially since he was never corrected in succeeding issues of the newspaper in which he published this information. Yet Dr. Meir Hildesheimer has told me that Levi Hildesheimer married the daughter of Abraham Brodsky of Odessa, the well known philanthropist. Levi’s son, Arnold Hildesheimer, was an active Zionist who made his living as a chemist and eventually moved to the Land of Israel. Arnold’s mother was definitely Jewish. Therefore, I don’t know if Deutsch erred or if Levi married twice.. Arnold Hildesheimer’s son was Wolfgang Hildesheimer, an important figure in pre-World War II German literature.
Unfortunately, we have a number of examples of not merely intermarriage of children of great rabbis, but even conversion. The story of the son of R. Shneur Zalman of Lyady is well known, and I don’t need to repeat it here. Let me just mention, however, that the man was clearly mentally unbalanced. Michael Bernays, a son of Hakham Isaac Bernays, is probably the most famous apostate from a rabbinic family in modern times, converting seven years after his father’s death. Another son of Hakham Bernays, Jacob, actually sat shiva when this occurred.[15] If we want to look at descendants of great rabbis who converted, then the family tree of R. Akiva Eger has plenty of non-Jews. In fact, a predecessor to R. Akiva Eger as rav of Posen, the Beit Shmuel Aharon, R. Samuel ben Moses Falkenfeld,[16] had a most significant great-grandson, yet he was not Jewish. I refer to none other than Leon von Bilinski.[17] He was Austrian minister of finance and also military governor of Bosnia when Archduke Ferdinand was assassinated.
I assume the famous Posen family got its name from the city of Posen. R. Gershon Posen, the dayan of Frankfurt’s separatist community, had a grandson who was on the verge of converting to Christianity. Nahum Glatzer describes this young man’s disillusionment with Orthodoxy, and how he tried to talk him out of conversion.[18] (The conversion never took place, and another grandson, R. Raphael Posen, tells me that the more than seventy grandchildren of R. Gershon all remained Orthodox.)
How are Orthodox Jews supposed to relate to those who intermarry, and who typically don’t know any better? Many of us have even been invited to intermarriages. R Yuval Sherlow has stated that while it is not permitted to attend an intermarriage wedding ceremony, there are times (especially when family is involved) that it would be permitted to attend the party.[19] R. Ovadiah Yosef has ruled that it is permitted to give an intermarried man an aliyah,[20] and this opinion is also shared by R. Baruch Avraham Toledano and R. Pinchas Toledano (former Sephardic Av Beit Din of London).[21] I am also told that this is the practice at the Lakewood kiruv minyanim all over the country. This is so despite the fact that the most that R. Moshe Feinstein would permit in such a case is to allow the intermarried man to open and close the Ark.[22] It is actually Aish Hatorah that has done more to “normalize” intermarriage than any other organization in the Orthodox world. Not only does Aish Hatorah do outreach to the intermarried (something we can all appreciate), but they use various intermarried Jewish celebrities in their publicity, and have even honored these people at their events. I am not saying that they are wrong in what they do. After all, the old approach to intermarriage doesn’t work today, and although I find something distasteful about using an intermarried celebrity as the poster-boy to invite people to a Torah class, I see how people can disagree. But about one thing there can be no doubt, and that is that R. Aaron Kotler would be turning over in his grave if he saw what this supposedly haredi organization has done when it comes to tacit acceptance of intermarriage.

Yet we shouldn’t assume that it is only in modern times that intermarried people have been honored by Orthodox Jews. While it would have been unimaginable in previous years to put them on a pedestal the way Aish Hatorah does, there were times that the intermarried man did such great service for the Jewish community that it was only proper to express feelings of gratitude. Adolphe Cremieux is one such example. Although being intermarried, he helped the Jewish community in many ways. One can even say that he is a model for our time, in showing that one can love the Jewish people and sacrifice for them, even after having intermarried. Here is a song written in honor of Cremieux by the noted R. Aaron Fuld of Frankfurt, author of Beit Aharon. It is taken from Judaica Jerusalem auction cataloge of Summer 1997, p. 6.

 

Worse than intermarriage is apostasy, but the same issue came up there also. The apostate Daniel Chwolson staunchly defended his former religion and people. How were the Jews to relate to him? Let me quote Louis Jacobs, The Jewish Religion (Oxford, 1995) pp. 99-100:
When Chwolson celebrated his seventieth birthday, a number of Russian rabbis, in gratitude for his efforts on behalf of the Jewish community, sent him a telegram to wish him many happy returns. Rabbi Hayyim Soloveitchik was more typical of the standard Jewish abhorrence of apostasy when he refused to participate, saying: ‘I do not send congratulatory telegrams to a meshumad.” The wry remark attributed to Chwolson himself in the following story is probably apocryphal. Chwolson is reported to have said that he became a Christian out of conviction. “Who are you kidding?” said a Jewish friend. “How can you of all people, a learned Jew, be convinced that Christianity is true and Judaism false?” To which Chwolson is supposed to have replied: “I was convinced that it is better to be a professor at the university than to be a Hebrew teacher [melamed] in a small town.”
2. I have seen ads for the soon to be published new RCA Artscroll siddur. It will be interesting to see how the battle shapes up between the Sacks siddur and the new RCA Artscroll. I can’t see how the Sacks siddur is going to make any real headway, as I don’t think many shuls are going to get rid of the Artscroll siddur they have been using for so long, and which does just about everything you need a siddur to do. While the new RCA siddur was in the production stages, R. Asher Lopatin of Chicago sent the following letter to the Siddur Committee. I think it is interesting in that it shows some of the concerns of those on the Orthodox left. Although I haven’t seen the new siddur yet, I don’t think I am going out on too much of a limb to predict that the RCA will not be adopting Lopatin’s proposal. (I thank R. Lopatin for allowing me to publish his letter.[23])

 

The Practice of Saying She’asani Yisrael for the Birchot HaShachar instead of the three “Shelo Asani”s
In Masechet Menachot, 43b (Bavli), Rabbi Meir says that a person, “Adam”, has to (chayav) say three blessings every day: She’asani Yisrael, Shelo Asani Isha and Shelo Asani Bur. There is a note there that it should be Rabbi Yehuda saying this instead of Rabbi Meir, and also on the next line Rav Acha Bar Ya’akov replaces “Shelo Asani Bur” with “Shelo Asani Aved”.
The G’mara questions why we need to say both Shelo Asani Aved and Shelo Asani Isha, but it gives an answer to this question. Rashi, in his second explanation of that answer, on Menachot 44a, says that we need to say both in order to come up with 100 b’rachot. The Bach (O.C 46) argues that the main reason for saying all three is to increase the number of b’rachot we say to 100. He argues that that is the main reason for saying three b’rachot in the negative (shelo asani) instead of one b’racha in the positive (she’asani Yisrael) – basically, if you would say “She’asani Yisrael” then you couldn’t say “Shelo asani aved, isha”. The Aruch HaShulchan (46, yud) paskins as well that if you say She’asani Yisrael, you cannot say the other two negative b’rachot. The Mishna B’rura (46,16) leaves it as a dispute.
Most Rishonim, notably the Rif and the Rambam (according to the G’ra), disagree with our existing girsa of the words of Rabbi Meir/Rabbi Yehuda, and they have the first b’racha in the negative as “Shelo Asani Goy”. This is the standard version in siddurim, nusach Ashkenaz and Sepharad and Edot Hamizrach, with the occasional nusach of “Shelo Asani Nochri” instead of “goy”. The Magen Avraham (O.C. 46, tet) mentions, that there were siddurim – perhaps many of them – that had the b’racha of she’asani Yehudi , but that that is a mistake of the printers, and the Mishna B’rura (46, 15) says that there are several siddurim with “She’asani Yisrael” but that one should not say that as it is also a mistake that of the printers (shibush had’fus).
The Magen Avraham (O.C. 46, yud) and the Haghot Ha’Gra (O.C. 46) interpret the Rama (46, 4) as suggesting that converts should say “She’asani Ger” and the Bach (46) interprets the Rama as suggesting that converts say “She’asani Yehudi” – instead of the negative.
Moreover, the Rosh is in the back of Masechet B’rachot, paragraph #24 (daf 39 in our versions, referring to B’rachot 60a) – upholds the Girsa that we have in Menachot. It’s in rounded brackets in the Rosh, and the Divrei Chamudot on the Rosh doesn’t like it, but it is there. Importantly, the G’ra affirms it is the girsa of the Rosh (and the Tur, which doesn’t appear in our versions) in his Biur HaGra on OH 46:4.
Therefore:
Since many of the Nosei Keilim and the Aruch HaShulchan feel compelled to ask: Why are these b’rachot in the negative (see Taz 46:4 “Rabim makshim…”)?
And since the girsa that we have in our G’marras is She’asani Yisrael, supported by the Rosh and the G’ra
And since even though the Shulchan Aruch rejects our positive girsa of the b’racha, the Rama does support it (in some version) as a legitimate b’racha in certain circumstances – for a convert
And since even those who reject “She’asani Yisrael/Yehudi/Ger” for a convert, (Sh’lah and Bach, see Taz 46, 10), do not reject it because it is not a legitimate nusach, but, rather, because it does not apply to a convert who has made himself a Jew, rather than being created by God as a Jew.
And since the negativity of the three b’rachot causes lots of misunderstandings in shul where many people come from Reform, Conservative or unaffiliated backgrounds – or even from Orthodox backgrounds without perhaps truly understanding the love that Chazal had for all human beings, male, female, Jewish or Gentile
I have asked my shul, Anshe Sholom B’nai Israel Congregation, a shul that does a lot of kiruv, to follow the girsa of the b’racha according to the G’ra and the Rosh, and say, “She’asani Yisrael” and that a woman say “She’asani Yisraelit” instead of “Shelo Asani Goy.”
Once the first b’racha is said in this way, the way it appears in the G’marra Menachot, then we have no choice, based on the rule of ‘safek b’rachot lekula’ and based on the p’sak of the Aruch HaShulchan (from the Bach) , to avoid saying the final two, negative b’rachot of “Shelo Asani Aved” and “Shelo Asani Isha”.
Clearly this helps avoid many of the questions that people ask about the negativity toward “goyim” or “women” that someone who does not understand Chazal do ask. The answers given help, but for a shul dedicated to kiruv, these b’rachot are a big turn off.
On the other hand, the b’racha of “she’asani Yisrael/Yisraelit” is a beautiful b’racha, thanking God for making me Jewish – proud to be Jewish, excited to begin the day as a Yisrael.
In addition, from a philosophical point of view, rather than beginning the day with negative b’rachot, which accentuate the G’mara of “noach lo la’adam shelo nivra” (see Bach 46, then Taz 46, 4), let us begin the day with a positive b’racha “k’mo sha’ar b’rachot shemevarchim al hatova” (Magen Avraham, 46, 9). Not negating the p’sak of “noach lo…”, but just respecting the positive aspects which G’mara Menachot the way we have it preferred.
Homiletically, “She’asani Yisrael” matches very well with B’reishit 32:27: “Vayomer, Shalcheni ki alah hashacher” – see Rashi ad loc where that is referring to Birchot HaShachar of the angels! And then two p’sukim later, what b’racha (“ki im beirachtani”) does Ya’akov get? “Lo Ya’akov ye’ameir shimcha, ki im Yisrael”! There is no better way to bringing these p’sukim to life than by saying birchot hashachar every day the way our G’marra has it: “She’asani Yisrael” – proud as Ya’akov was to receive the name, “Yisrael.”
Finally, Rav Benny Lau, an important Talmid Chacham and leader of Beit Morasha, has told me that he, too, follows this practice of saying “She’asani Yisrael” – and he tells his daughters to say “Yisraelit” – in the morning and having it replace the three negative b’rachot.
At the same time, it is important to emphasize the need to reach 100 b’rachot a day, and to push people to be careful about saying Asher Yatzar when leaving the bathroom, and b’rachot before and after eating, and being in shul as frequently as possible in order to hear chazarat haShatz to more easily reach 100 b’rachot.
I would humbly ask the Committee responsible for the new RCA Artscroll siddur to consider either putting this practice in the siddur itself, as a possible “hanhaga”, or allowing this way of saying birchot Hashachar to appear on the RCA Artscroll siddur web site, to that I can download it and print it up for my shul, and any other shuls interested in this hanhaga can do the same.
Sincerely yours and with wishes of hatzlacha rabba,
Rabbi Asher Lopatin

 

3. Virtually every one of our sages, together with all their brilliance, offer at least one an unusual, sometimes even incomprehensible, idea. Since I am writing this right before Sukkot, here is something to think about when you take the Arba’ah Minim. R. Jacob Ettlinger, the greatest of nineteenth-century German gedolim, writes as follows in his Bikurei Yaakov 651:13. (If you raised this safek in shiur today, the rebbe would think you were joking, but as with even the strangest suggestions, one can often find a true gadol who discusses the issue.)
נסתפקתי אם אנו יושבי אירופא יוצאין בד’ מינין שגדלו באיי אמעריקא ואויסטראליען שיושבין לצדינו ותחתינו, וכן איפכא. שידוע מה שכתבו הטבעים שרגליהם נגד רגלינו, ומה שאין נופלין נגד השמים הוא מפני ששם הבורא כח מושך בארץ. וא”כ המינים שגדלו שם אם נוטלין אצלנו הוא הפוך מדרך גדולתן, שאצלנו גדלו ראשי הלולב וההדס ההם יותר למטה מזנבם. או אי נימא, כיון שנוטל הגדל סמוך לארץ למטה זה מקרי דרך גדילתו, והכי מסתברא.
4. In the latest Hakirah (Summer 2009), p. 134 n. 189, Chaim Landerer quotes my translation of a comment by R. Solomon Judah Rapoport. I didn’t know that Landerer was going to publish my translation, and I answered his e-mail quickly and carelessly. The correct translation is not that Rapoport is “as Catholic as the Pope,” but something even stronger. Frankel says that Shir is “more Catholic than the Pope.” (Thanks to R. Ysoscher Katz who caught the error and alerted me. Also thanks to Rabbi Jonah Sievers who is always helpful in matters concerning German translation. Not being a native speaker, and obviously not familiar with all idioms of the language, every translation I have published has been carefully reviewed by expert translators.)
Speaking of errors, let me also correct something that appears in Between the Yeshiva World and Modern Orthodoxy. This correction has already been taken care of in the more recent editions of the book, but those who have the first or second printing can insert the correction into the volume. How this error came about, I have no idea. I must have been in a daze, and it was only when the book was published that I saw it. On p. 180, beginning line 3 from the top, it states “Might one then be able to say that our great divine Torah cannot endure the conjunction of Torah with so-called secular studies . . .” It should be corrected to say, “Might one then be able to say that our great divine Torah cannot compete with so called secular studies . . .”
There is a popular expression
כשם שאין תבן בלא בר כך אין ספר ללא טעויות.
The internet is so amazing as it allows all of us to correct errors that have appeared in our works, and publicize them, something that was not possible in earlier years. R. Judah Ibn Tibbon wrote to his son, R. Samuel (Iggeret ha-Musar, ed. Korah [Kiryat Sefer, 2007], p. 45):
והטעות שתצא מיד האדם הוא הנתפש עליה ונזכר בה כל ימיו.
In other words, unlike a verbal error which is forgotten, something in print is there forever. Yet today, we can minimize this problem by means of the internet. Rather than be embarrassed by errors we have made, and try to ensure that no one learns of them, we should all welcome the opportunity to point out our errors, so that our works are as perfect as we can make them. This is quite apart from the unseemliness of pointing out the errors of others, but not being prepared to call attention to our own mistakes.
Incidentally, Ibn Tibbon’s work is full of important lessons, but he says one thing that is very problematic. On p. 42 he writes:
.
.ואל תתעקש אתה להחזיק בדעתך אפילו אם תדע שהאמת אתך
What sense does this make? Doesn’t the Torah tell us לא תגורו? Didn’t the Rambam speak his mind no matter who disagreed? In our own day, isn’t R. Ovadiah Yosef fearless in expressing his opinion, no matter how much he is attacked? I posed this question to R. Meir Mazuz and he replied:
זו הערה נכונה. כנראה ר’ שמואל היה עוד רך בשנים וחשש האב שיגרום לו קנאה ושנאה כמו שקרה לר”ש בן גבירול, וגם להגר”ע יוסף שליט”א בבחרותו כשחלק על הבא”ח כידוע. אבל כשאדם כותב ספר חייב לגלות את דעתו (בעדינות ובזהירות) ולא יכוף על האמת פסכתר. ובמשך הזמן תתגלה האמת, כי היא לעולם עומדת.
5. I want to call everyone’s attention to a fascinating new book. Dirshuni, edited by Tamar Biala and Nechamah Weingarten-Mintz, is a book of modern midrashim, written by women. It has been selling very well in Israel and is an exciting genre that deserves its own discussion. Those who want to see some small excerpts can go here.
To order the book you can go here
6. In my last post I mentioned R. Meir Amsel and the memorial volume that recently appeared. I should have also mentioned that his son, R. Eli Amsel, runs the site Virtual Judaica.
7. Finally, I thank everyone who commented and e-mailed me about R. Yerucham Gorelik. There is no question that he was a fascinating man, and an entire post could be devoted to the great stories told about him. It is also true that his relationship with YU was complicated. Let me quote what Dr. Norman Lamm wrote about Gorelik, shortly after his death.
Rabbi Yerucham Gorelick appeared at times to be engaged in some kind of titanic inner struggle. He was a cauldron of activity and movement, of perpetual motion. He was a man of striking, sometimes startling contradictions. He appeared to be moving in different directions simultaneously. He was a man of changing moods, of profound dialectical tensions, although he was at all times an ish ha-emet, a man of unshakeable integrity.
For Dr. Lamm’s article, see here

Notes

[1] “The Emergence of the Provencal Kabbalah : Rabbi Isaac the Blind’s Commentary on Sefer Yezirah” (1994).
[2] Letter to Samuel Atlas, dated Oct. 16, 1959, published in “Scholars and Friends: Rabbi Jehiel Jacob Weinberg and Professor Samuel Atlas,” Torah u-Madda Journal 7 (1997), p. 113.
[3] See R. Jehiel Jacob Weinberg’s letter to R. Kook, Iggerot la-Reiyah (Jerusalem, 1990), p. 128
כבר הונח לי בהשתדלותו של רב אחד מרבני העדה הליברלית (דווקא ע”י רב ליברלי של העדה הליברלית, כאלו רוצה הקב”ה לזכות את כל ישראל במעלות שונות שיש בזה מה שאין וכו’).
[4] “The Religious Ethics of Samuel David Luzzatto” (Brandeis University, 1993).
[5] “An Orthodox Embrace of Gentiles? Interfaith Tolerance in the Thought of S. D. Luzzatto and E. Benamozegh,” Modern Judaism 18 (May 1998), pp. 173-195.
[6] See here A few days before his death, Rabbi Meir Kahane spoke at Brandeis. I think it was actually his last public talk before the night he was killed. For a video of Gopin confronting Kahane see here at 24:20, 31:50, and 43:05, and 56. Gopin starts to speak extensively at 1:02:45. The man standing next to Gopin is Dr. Aryeh Cohen, who also briefly served as Orthodox advisor at Brandeis. He now teaches at the American Jewish University. See here.
[7] See Shulhan Arukh, Orah Hayyim 199:6-7.
[8] He also had a nice sense of humor. On the first day of class he would come in and write his name on the board as “F-x.”
[9] The letter is found in the Chaim Bloch Collection, AR 7155.
[10] See here.
[11] Bernstein is now a nationally known professor of law. See here.
[12] Crown Heights: Blacks, Jews, and the 1991 Brooklyn Riot (Waltham, 2006).
[13] I have given the information on this to Rabbi Mark Dratch for his paper at the Orthodox Forum on the topic.
[14] See his article in the Jewish Chronicle, June 26, 1914.
[15] See Moshe Gresser, Dual Allegiance: Freud as a Modern Jew (Albany, 1994), p. 73. Hakham Bernays’ grandaughter, Martha (daughter of Berman Bernays) married Sigmund Freud. After they were married, Freud refused to allow her to light Shabbat candles. See ibid., p. 67.
[16] For details on the controversy surrounding Falkenfeld’s selection as rabbi, and how his opponents regarded as an “uncouth Polack” see Heinrich Graetz, History of the Jews (Philadelphia, 1898), pp. 2-3. When he was rav in Tarnopol, he also had to contend with troublemakers. See R. Solomon Judah Rapoport’s letter in Leopold Greenwald, Toldot Mishpahat Rosenthal (Budapest, 1920), p. 76. For a picture of his tombstone, see here.
I can’t explain why on the tombstone he is referred to as “Moses Samuel,” when it should be Samuel ben Moses. For his biography, see Beit Shmuel Aharon al ha-Torah (Jerusalem, 1994), introduction.
[17] See here. My information on Bilinski’s family background comes from Gotthard Deutsch’s article in the Jewish Chronicle, June 26, 1914.
[18] The Memoirs of Nahum N. Glatzer (New York, 1997), pp. 126-128. Although Glatzer left Orthodoxy, in his younger years he studied in R. Salomon Breuer’s yeshiva in Frankfurt, and also with R. Nehemiah Nobel. As such, he understood Orthodoxy very well. Glatzer, who died in 1990, was retired when I came to Brandeis in 1985. To my great regret, I never took the trouble to interview him as I did with Prof. Alexander Altmann, who retired from Brandeis in 1976. On pp. 129-130 of Glatzer’s memoir we find the following, which I am sure will interest many readers of the Seforim blog.
In 1944 Rabbi Joseph Soloveitchik (called “the Rov” by his followers and admirers) published in Talpiot a major article, “Ish ha-Halakhah” (the Halakhic Personality). The essay, written in a most beautiful Hebrew style, not only claimed for the observance of Jewish law the central place in Jewish life, but denied the—however circumscribed—validity of any other approach. The Halakhah demands a complete control of the Jew, to the exclusion of an emotional state of mind to accompany the halakhc function. There is no rightful place for, or justification of, a state of excitement or religious agitation, say, in the ceremony of blowing the shofar on New Year’s Day; what matters, and matters exclusively, is the proper execution of the ritual.
This exclusion of the emotional side of religion bothered me when I read the essay. I planned a polemic reply but was dissuaded by my colleagues. I happened to visit New York and voiced my feelings to Professor Louis Ginzberg, the great Talmudist. I expected him to agree with me and object to the rigid stand of the Rov. The cautious Ginzberg did not wish to commit himself, or to say something that could be quoted as a criticism of his Talmudic colleague. He, therefore, did not go beyond saying: “I like my whiskey straight,” which was a mild complaint against the Rov’s combination of Halakhah and philosophy. The only reference that could be interepreted as an admission of esthetics into the realm of religion was Ginzberg’s telling of the Gaon of Vilna (brother of Rabbi Abraham, Ginzberg’s forebear in the seventh generation), who near death admired the beauty of the etrog that was brought to him, since the day was one of the Sukkot festival days.
(The Rov, apparently, would have felt: Never mind the etrog’s beauty. What matters is that the citron is without blemish and the benediction is properly pronounced.).
I was disappointed that Ginzberg did not wish to take seriously the younger man’s question. In the meantime, the Rov changed his position and realized the wider dimension of faith. If you wait long enough . . . [ellipsis in original]. Yet, even with the changed position on the part of the Rov, Ginzberg, were he alive, would insist on having his whiskey straight.
Glatzer sees “The Lonely Man of Faith” as expressing a change in the Rav’s earlier “halakho-centrism.” I wonder if Prof. Lawrence Kaplan will agree.
[19] Reshut ha-Yahid (Petah Tivah, 2003), p. 186.
[20] Ma’ayan Omer (Jerusalem, 2007), vol. 1, pp. 186, 194, 205. R. Hillel Posek, Divrei Hillel, Orah Hayyim, no. 8, strongly supports giving an intermarried man an aliyah, but not as one of the first seven. To deny such an aliyah woould be to embarrass the man, and Posek explains why even sinners cannot be treated with disrespect. See also his comments in Ha-Posek, Sivan 5747, p. 1336. In Amsterdam the practice was also not to give an intermarried man one of the first seven aliyot. See R. Jacob Zvi Katz, Leket ha-Kemah he-Hadash (London, n.d.), vol. 3, p. 63.
[21] Sha’alu le-Varukh, vol. 1, no. 40.
[22] Of course, there are many other poskim who forbid giving an intermarried man an aliyah. Even as liberal a posek as R. Ben Zion Uziel was adamant that you cannot call an intermarried man up to the Torah. See Mishpetei Uziel, vol 8, no. 53.
[23] For those who don’t know, Lopatin was the first Rhodes Scholar to become an Orthodox rabbi. In fact, he might be the first Rhodes Scholar to become a rabbi in any denomination. R. Chaim Strauchler of Toronto is the second Rhodes Scholar-Orthodox rabbi.



Some Assorted Comments and a Selection from my Memoir. part 1

Some Assorted Comments and a Selection from my Memoir, part 1
By  Marc B. Shapiro
1. Fifty years ago R. Jehiel Jacob Weinberg spoke about the fraudulence that was found in the Orthodox world. Unfortunately, matters have gotten much worse since his time. I am not referring to the phony pesakim in the names of great rabbis that appear plastered all over Jerusalem, and from there to the internet. Often the damage has been done before the news comes out that the supposed pesak was not actually approved by the rav, but was instead put up by an “askan” or by a member of the rabbi’s “court”. I am also not referring to the fraudulent stories that routinely appear in the hagiographies published by Artscroll and the like, and were also a feature in the late Jewish Observer. These are pretty harmless, and it is hard to imagine anyone with sophistication being taken in. Finally, I am also not referring to the falsehoods that constantly appear in the Yated Neeman. I think everyone knows that this newspaper is full of lies and in its despicable fashion thinks nothing of attempting to destroy people’s reputations, all because their outlooks are not in accord with whatever Daas Torah Yated is pushing that week.[1]
I am referring to something much more pernicious, because the falsehoods are directed towards the intellectuals of the community, and are intended to mislead them. There was a time when in the haredi world a distinction was made between the masses, whom it was permitted to mislead with falsehoods, and the intellectuals who knew the truth and who were part of the “club” that didn’t have to bother with the censorship that is ubiquitous in haredi world.
Yet I have recently seen many examples that show that even in the world of the intellectuals, fraudulence has begun to surface. Let me note an example that was recently called to my attention by Rabbi Yitzchak Oratz, and it is most distressing precisely because it is a son who is responsible for the lie. In an issue of the popular journal Or Yisrael, R. Yehudah Heller from London mentioned that the late R. Yerucham Gorelik, a well-known student of R. Velvel of Brisk, had taught Talmud at Yeshiva University.[2] Heller used this example to show that one can teach Torah in an institution even if the students’ devotion to Torah study leaves something to be desired.
 In the latest issue of Or Yisrael (Tishrei, 5770), p. 255, Heller publishes a letter in which he corrects what he had earlier written. He was contacted by Gorelik’s son, R. Mordechai Leib Gorelik. The only thing I know about the younger Gorelik is that he appears to be quite extreme. He published an essay in Or Yisrael attacking the Artscroll Talmud and his reason was simply incredible. He claimed that anything that tries to make the study of Talmud easier is to be condemned. He also argued that Talmud study is not for the masses, but only for the elite. Obviously, the latter don’t need translations. According to Gorelik, if the masses want to study Torah, they can study halakhah or Aggadah and Mussar. If they want to study Talmud, then they must do it the way it used to be studied, with sweat, but they have no place in the beit midrash with their Artscroll crutches.[3]
Apparently it bothers Gorelik that his colleagues might think that his father actually taught Talmud at YU. So he told Heller the following, and this is what appears in Or Yisrael: R. Yerucham Gorelik never taught Talmud at YU, and on the contrary, he thought that there was a severe prohibition (issur hamur) in both studying and teaching Talmud at this institution, even on a temporary basis, and even in order “to save” the young people in attendance there. The only subject he ever taught at YU was “hashkafah”.
The Sages tell us that “people are not presumed to tell a lie which is likely to be found out” (Bekhorot 36b). I don’t think that they would have made this statement if they knew the era we currently live in.[4] Here you have a case where literally thousands of people can testify as to how R. Gorelik served as a Rosh Yeshiva at YU for forty years, where you can go back to the old issues of the YU newspapers, the yearbooks, Torah journals etc. and see the truth. Yet because of how this will look in certain extremist circles, especially with regard to people who are far removed from New York and are thus gullible in this matter, R. Gorelik’s son decides to create a fiction.
I understand that in his circle the younger Gorelik is embarrassed that his father taught Talmud at YU. I also assume that he found a good heter to lie in this case. After all, it is kavod ha-Torah and the honor of his father’s memory, because God forbid that it be known that R. Gorelik was a Rosh Yeshiva at YU. However, I would only ask, what happened to hakarat ha-tov? YU gave R. Gorelik the opportunity to teach Torah at a high level. It also offered him a parnasah. Without this he, like so many of his colleagues, would have been forced into the hashgachah business, and when this wasn’t enough, to schnorr for money, all in order to put food on the table.
This denial of any connection to YU is part of a larger pattern. In my last post I mentioned how R. Poleyeff’s association with the school was erased. Another example is how R. Soloveitchik appears on the title page of one sefer as “Av Beit Din of Boston.” And now R. Gorelik’s biography is outrageously distorted.[5] Yet in the end, it is distressing to realize that the rewriting of history might actually work. In fifty years, when there are no more eyewitnesses alive to testify to R. Gorelik’s shiurim, how many people will deny that he ever taught at YU? Any written record will be rejected as a YU-Haskalah forgery, or something that God miraculously created to test our faith, all in order to avoid the conclusion that an authentic Torah scholar taught at YU.[6] I have no doubt that the editor of Or Yisrael, coming from a world far removed from YU, is unaware of the facts and that is why he permitted this letter to appear. I am certain that he would not knowingly permit a blatant falsehood like this to sully his fine journal.
2. Since I spoke so much about R. Hayyim Soloveitchik in the last two posts, let me add the following: The anonymous Halikhot ha-Grah (Jerusalem, [1996]), p. 4, mentions the famous story recorded by R. Zevin, that in a difficult case of Agunah R. Hayyim asked R. Yitzhak Elhanan’s opinion, but all he wanted was a yes or no answer. As R. Zevin explained, quoting those who were close to R. Hayyim, if R. Yitzhak Elhanan gave his reasoning then R. Hayyim would certainly have found things with which he disagreed, but he knew that in terms of practical halakhah he could rely on R. Yitzhak Elhanan.[7] Halikhot ha-Grah rejects R. Zevin’s explanation. Yet the same story, and explanation, were repeated by R. Joseph B. Soloveitchik.[8] In addition, a similar story, this time involving R. Hayyim and R. Simcha Zelig, is found in Uvdot ve-Hangagot le-Veit Brisk, vol. 4, pp. 35-36. Thus, there is no reason to doubt what R. Zevin reports.[9] Mention of Halikhot ha-Grah would not be complete without noting that it takes a good deal of material, without acknowledgment and sometimes word for word, from R. Schachter’s Nefesh ha-Raf. Of course, this too is done in the name of kavod ha-Torah.
3. Many posts on this blog have discussed how we now have entire books on topics concerning which until recent years a few lines sufficed. Haym Soloveitchik also made this point in “Rupture and Reconstruction.” Here is another example, the book Birkat Eitan by R. Eitan Shoshan.

 

This is a 648 page (!) book devoted to the blessing Asher Yatzar, recited after going to the bathroom. Shoshan has an even larger book devoted to the Shema recited before going to sleep.
4. In a previous post[10] I mentioned that R. Moshe Bick’s brother was the Judaic scholar and communist Abraham Bick (Shauli). Before writing this I confirmed the information, but as we all know, oftentimes such “confirmations” are themselves incorrect. I thank R. Ezra Bick for providing me with the correct information, and the original post has been corrected.
R. Moshe and Abraham were actually somewhat distant cousins.[11] Abraham was the son of R. Shaul Bick (and hence the hebraicized last name, Shauli), who was the son of R. Yitzchak Bick, who was the chief rabbi of Providence, RI, in the early 1930’s. R. Yitzchak was the son of R. Simcha Bick, who was rav in Mohiliv, Podolia. R. Simcha Bick had a brother, R. Zvi Aryeh Bick, who was rav in Medzhibush. His son was R. Hayyim Yechiel Mikhel Bick, was also rav in Medzhibush (d. 1889). His son was also named Hayyim Yechiel Mikhel Bick (born a few months after his father’s premature death), and he was rav in Medzhibush from 1910 until 1925, when he came to America. His son was R. Moshe Bick.
R. Ezra Bick also reports that after the Second World War, when Abraham Bick was in the U.S. working as an organizer for communist front organizations, he was more or less cut off by his Orthodox cousins in Brooklyn.
R. Moshe Bick’s brother, Yeshayah (R. Ezra’s father), was a well-known Mizrachi figure. In his obituary for R. Hayyim Yechiel Mikhel Bick, R. Meir Amsel, the editor of Ha-Maor, mentioned how Yeshayah caused his father much heartache with his Zionist activities.[12] This article greatly hurt R. Moshe Bick and he insisted that Amsel never again mention him or his family in Ha-Maor. In fact, as R. Ezra Bick has pointed out to me, rather than causing his father heartache, R. Hayyim Yechiel actually encouraged Yeshayah in his Zionist activities.

 

R. Bick’s letter is actually quite fascinating and I give the Amsel family a lot of credit for including it in a recent volume dedicated to R. Meir Amsel. I have never seen this sort of letter included in a memorial volume, as all the material in such works is supposed to honor the subject of the volume. Yet here is a letter that blasts Amsel, and they still included it.[13] They also included a letter from R. Jehiel Jacob Weinberg in which he too criticizes Amsel for allowing personal attacks to be published in his journal. It takes a lot of strength for children to publish such letters and they have earned my admiration for doing so.
When I first mentioned R. Moshe Bick, I also noted that he was opposed to young people getting married too quickly. He therefore urged that boys and girls go out on a number of dates before deciding to get engaged. Needless to say, the haredi world was furious at this advice. R. Dovid Solomon reported to me the following anecdote: When the Klausenberger Rebbe told R. Bick how opposed he was to the latter’s advice, R. Bick responded: “That’s because you are mesader kidushin at all the marriages. But I am the one who is mesader all the gittin!”
5. In previous postings I gave three examples of errors in R. Charles B. Chavel’s notes to his edition of Nahmanides’ writings. For each of these examples my points were challenged and Chavel was defended. Here is one more example that I don’t think anyone will dispute. In Kitvei ha-Ramban, vol. 1, p. 148, Nahmanides writes:

 

 ובזה אין אנו מודים לספר המדע שאמר שהבורא מנבא בני אדם.
In his note Chavel explains ספר המדע to mean:
לדבר הידוע, יעללינעק מגיה פה שצ”ל: לרב הידוע.
Yet the meaning is obvious that Nahmanides is referring to Maimonides’ Sefer ha-Mada, where he explains the nature of prophecy.[14]
5. In 2008 a Torah commentary from R. Joshua Leib Diskin was published. Here is the title page.

The book even comes with a super-commentary of sorts. This is completely unnecessary but shows how greatly the editor/publisher values the work. Diskin is a legendary figure and was identified with the more extreme elements of the Jerusalem Ashkenazic community. For this reason he often did not see eye to eye with R. Samuel Salant.
Here is a page from this new commentary.

In his comment to Num. 23:22-23, Diskin quotes a book called Ha-Korem. This is a commentary on the Torah and some other books of the Bible by Naphtali Herz Homberg, a leading Maskil who worked for the Austrian government as superintendent of Jewish schools and censor of Jewish books. This is what the Encyclopedia Judaica says about him:

Homberg threatened the rabbis that if they did not adapt themselves to his principles the government would force them to do so. . . . Homberg was ruthless in denouncing to the authorities religious Jews who refused to comply with his requirements, and in applying pressure against them. In his official memoranda he blamed both the rabbis and the Talmud for preventing Jews from fulfilling their civic duties toward the Christian state. . . . Homberg recommended to the authorities that they disband most traditional educational institutions, prohibit use of the Hebrew language, and force the communal bodies to employ only modern teachers. . . In his book Homberg denied the belief in Israel as the chosen people, the Messiah, and the return to Zion, and tried to show the existence of an essential identity between Judaism and Christianity. . . . Homberg incurred the nearly universal hatred of his Jewish contemporaries.
Incredibly, it is from his commentary that Diskin quoted. The editor didn’t know what Ha-Korem was, but almost immediately after publication someone let him in on the secret. All copies in Israeli seforim stores were then recalled in order that the offending page be “corrected”. I am told that the first printing is now impossible to find in Israel. When I was informed of this story by R. Moshe Tsuriel, I contacted Biegeleisen who fortunately had just received a shipment from Israel, sent out before the books were embargoed. Presumably, my copy will one day be a collector’s item.
The one positive thing to be said about Homberg is that he wrote a very good Haskalah Hebrew. I was therefore surprised when I saw the following in David Nimmer’s otherwise fantastic article in Hakirah 8 (2009): “We begin with Herz Homberg, a minor functionary who wrote in German since his Hebrew skills were poor” (p. 73). Since German was the last language Homberg learnt, I was curious as to how Nimmer was misled. He references Wilma Abeles Iggers, The Jews of Bohemia and Moravia (Detroit, 1992), p. 14. Yet Nimmer misunderstood this source. Iggers writes as follows, in speaking of the mid-eighteenth century: “Use of Hebrew steadily decreased, even in learned discussions. Naftali Herz Homberg, for example, asked his friend Moses Mendelssohn to correspond with him in German rather than in Hebrew.” All that this means is that Homberg wanted to practice his German, and become a “cultured” member of Mendelssohn’s circle, and that is why he wanted to correspond in this language. In this he is little different than so many others like him who arrived in Berlin knowing only Hebrew and Yiddish. Each one of them had a different story as to how they learnt German. According to the Encyclopedia Judaica, in 1767, when he was nineteen years old, Homberg “began to learn German secretly.”
6. In a previous post I noted the yeshiva joke that R. Menasheh Klein’s books should be called Meshaneh Halakhot, instead of Mishneh Halakhot. Strangely enough, if you google “meshaneh halakhot” you will find that the books are actually referred to this way by a few different people, including, in what are apparently Freudian slips, B. Barry Levy and Daniel Sperber. In fact, Klein’s books are not the first to be referred to in this sort of way. In his polemic against Maimonides, R. Meir Abulafia writes (Kitab al Rasail [Paris, 1871), p. 13):
הוא הספר הנקרא משנה תורה, ואיני יודע אם יש אם למסורת ואם יש אם למקרא.

Abulafia is mocking Maimonides’ greatest work, and wondering if perhaps it should be called Meshaneh Torah! As for Klein, there is a good deal that can be said about his prolific writings, and they await a comprehensive analysis. When thinking about Meshaneh Halakhot, I often recall following responsum, which appears in Mishneh Halakhot, vol. 5, no. 141, and which I am too embarrassed to translate.

A well-known talmid hakham pointed out to me something very interesting. Normally we understand hillul ha-shem to mean that a non-Jew will see how Jews behave and draw the wrong conclusions of what Torah teachings are all about. However, in this responsum we see the exact opposite. The hillul ha-shem is that the non-Jew will draw the right conclusion! Yet the truth is that this understanding of hillul ha-shem is also very popular and is used by R. Moses Isserles, as we will soon see..
Here is another responsum that will blow you off your seats, from Mishneh Halakhot, New Series, vol. 12, Hoshen Mishpat no. 445.

 

 

If you want to understand why three hasidic kids are sitting in a Japanese jail, this responsum provides all you need to know. Can anyone deny that it is this mentality that explains so much of the illegal activity we have seen in recent year? Will Agudat Israel, which has publicly called for adherence to high ethical standards in such matters, condemn Klein? Will they declare a ban on R Yaakov Yeshayah Blau’s popular Pithei Hoshen, which explains all the halakhically permissible ways one can cheat non-Jews? You can’t have it both ways. You can’t declare that members of your community strive for the ethical high ground while at the same time regard Mishneh Halakhot, Pithei Hoshen, and similar books as valid texts, since these works offer justifications for all sorts of unethical monetary behavior. The average Orthodox Jew has no idea what is found in these works and how dangerous they are. Do I need to start quoting chapter and verse of contemporary halakhic texts that state explicitly that there is no prohibition to cheat on one’s taxes?[15] Pray tell, Agudah, are we supposed to regard these authors as legitimate halakhic authorities?
I have no doubt that there was a time that the approach found here was acceptable. In an era when Jews were being terribly persecuted and their money was being taken, the non-Jewish world was regarded as the enemy, and rightfully so. Yet the fact that pesakim reflecting this mindset are published today is simply incredible. Also incredible is that R. David Zvi Hoffmann’s Der Schulchan-Aruch und die Rabbinen über das Verhältniss der Juden zu Andersgläubigen, a classic text designed to show that Jewish law does not discriminate monetarily against contemporary Gentiles, has not yet been translated. Hoffmann’s approach was shared by all other poskim in Germany, who believed that any discriminatory laws were simply no longer applicable.[16] R. Jehiel Jacob Weinberg stated that we must formally declare that this is what we believe. Can Agudah in good conscience make such a declaration, and mean it?
The truth is that there is an interesting sociological divide on these matters between the Modern Orthodox and the haredi world. Here is an example that will illustrate this. If a Modern Orthodox rabbi would advocate the following halakhah, quoted by R. Moses Isserles, Hoshen Mishpat 348:2,[17] he would be fired.[18]
טעות עכו”ם כגון להטעותו בחשבון או להפקיע הלואתו מותר ובלבד שלא יודע לו דליכא חילול השם.
If I am wrong about this, please let me know, but I don’t believe that any Modern Orthodox synagogue in the country would keep a rabbi who publicly advocated this position.[19] Indeed, R. Moses Rivkes in his Be’er ha-Golah on this halakhah wants people to know that they shouldn’t follow this ruling.[20] See also Rivkes, Be’er ha-Golah, Hoshen Mishpat 266:1, 383:1, and his strong words in Hoshen Mishpat 388:12 where he states that the communal leaders would let the non-Jews know if any Jews were intent on cheating them. Today, people would call Rivkes a moser.
I believe that if people in the Modern Orthodox world were convinced that Rama’s ruling is what Jewish ethics is about, very few of them would remain in Orthodoxy. In line with what Rivkes states, this halakhah has been rejected by Modern Orthodoxy and its sages, as have similar halakhot. As mentioned, Hoffmann’s Der Schulchan-Aruch is the most important work in this area. Yet today, most people will simply cite the Meiri who takes care of all of these issues, by distinguishing between the wicked Gentiles of old and the good Gentiles among whom we live. Thus, whoever feels that he is living in a tolerant environment can adopt the Meiri’s position and confidently assert that Rama is not referring to the contemporary world.
Yet what is the position of the American haredi world? If they accept Rama’s ruling, and don’t temper it with Meiri, then in what sense can the Agudah claim that they are educating their people to behave ethically in money matters? Would they claim that Rama’s halakhah satisfies what we mean by “ethical” in the year 2009? Will they say, as they do in so many other cases, that halakhah cannot be compared to the man-made laws of society and cannot be judged by humans? If that is their position, I can understand it, but then let Aish Hatorah and Ohr Sameach try explaining this to the potential baalei teshuvah and see how many people join the fold. If this is their position, then all the gatherings and talks about how one needs to follow dina de-malchuta are meaningless, for reasons I need not elaborate on. Furthermore, isn’t all the stress on following dina de-malchuta revealing? Why can’t people simply be told to do the right thing because it is the right thing? Why does it have to be anchored in halakhah, and especially in dina de-malchuta? Once this sort of thing becomes a requirement because of halakhah, instead of arising from basic ethics, then there are 101 loopholes that people can find, and all sorts of heterim as we saw in Klein’s responsum. I would even argue that the fact that one needs to point to a halakhic text to show that it is wrong to steal is itself a sign of our society’s moral bankruptcy.[21]
7. In Studies in Maimonides and His Interpreters I stated that Maimonides nowhere explicitly denies the existence of demons, yet this denial is clearly implied throughout his writings. It was because Maimonides never explicitly denied them that so many great sages refused to accept this, and assumed that Maimonides really did believe in demons. (In my book I cited many who held this position.) I first asserted that Maimonides never explicitly denied demons in my 2000 article on Maimonides and superstition, of which the second chapter in my new book is an expanded treatment. While working on the original article I was convinced that Maimonides indeed denied demons in his Commentary to Avodah Zarah 4:7. However, I had a problem in that so many who knew this text did not see it as an explicit rejection. In fact, I was unaware of anyone actually citing this text to prove that Maimonides denied the existence of demons. (Only a couple of months ago did R. Chaim Rapoport call my attention to R. Eliezer Simhah Rabinowitz, She’elot u-Teshuvot ve-Hiddushei Rabbi Eliezer Simhah [Jerusalem, 1998], no. 11, who does cite this text as an explicit rejection of the existence of demons. I also recently found that R. Avraham Noah Klein, et. el., Daf al ha-Daf [Jerusalem, 2006), Pesahim 110a, quotes the work Nofet Tzufim as saying the same thing. Unfortunately, as far as I can tell, Klein doesn’t have a list of sources, so I don’t know who the author of this work is.)
Seeing that R. Zvi Yehudah Kook was quite adamant that Maimonides believed in demons,[22] I turned to R. Shlomo Aviner, who published R. Zvi Yehudah’s work, and asked him about Maimonides’ words in his Commentary to Avodah Zarah. Aviner convinced me that Maimonides should be understood as only denying that occult communication with demons is impossible, not the existence of demons per se. He wrote to me as follows:
הרמב”ם לא כתב שם בפירוש שאין שדים, אלא ששאלה בשדים היא הבל, וכך אנו רואים מן ההקשר שהוא מגנה שיטת שונות להשיג דברים או ידיעות, כגון “כשוף וההשבעות והמזלות הרוחניות, ודבר הכובכים והשדים והגדת עתידות ומעונן ומנחש על רוב מיניהם ושאלת המתים.”

 

I was still not 100 percent sure, but the fact that so many great scholars who knew the Commentary to Avodah Zarah assumed that Maimonides indeed believed in demons gave me confidence that Aviner was correct.[23] Even R. Kafih, in speaking of Maimonides denial of demons, does not cite the Commentary,[24] and this sealed the matter for me. I therefore assumed that all Maimonides was denying in his Commentary to Avodah Zarah 4:7 was the possibility of conversation with demons, and not demons per se. (R. Aviner doesn’t speak of simple conversation, but this was my assumption.)
Following publication of the article in 2000 no one contacted me to tell me that I was incorrect in my view of Maimonides and demons. So once again I was strengthened in my assumption, and repeated my assertion in Studies in Maimonides. Not too long ago I received an e-mail from Dr. Dror Fixler. Fixler is one of the people from Yeshivat Birkat Moshe in Maaleh Adumim who is working on new editions of Maimonides’ Commentary on the Mishnah. I will return to his work in a future post when I deal with the newly published translation of the Commentary. For now, suffice it to say that he knows Arabic very well, and he asserts that there is no doubt whatsoever that in the Commentary to Avodah Zarah 4:7 Maimonides is denying the existence of demons. So this brings me back to my original assumption many years ago, that Maimonides indeed is explicit in his denial. If there are any Arabists who choose to disagree, I would love to hear it.
8. I recently sent a copy of the reprint of Kitvei R. Yehiel Yaakov Weinberg (2 vols.) to a famous and outstanding Rosh Yeshiva. In my letter to him I mentioned that the books were a donation to the yeshiva library. He wrote back to me as follows:
מאשר בתודה קבלת כתבי הגאון רבי יחיאל יעקב וויינברג זצ”ל בשני כרכים. מלאים חכמה ודעת בקיאות וחריפות ישרה, ולפעמים “הליכה בין הטיפות” מתוך חכמת חיים רבה. אולם בכרך השני יש דברים שקשה לעכל אותם, כגון לימוד זכות על מתבוללים ממש (הרצל ואחה”ע [אחד העם] בגרון ועוד) למצוא בהם “ניצוצות קדושה”. ומי שיראה יחשוב כי מותר לומר לרשע צדיק אתה. לכן כרך ב’ נשאר אצלי וכרך א’ לעיון התלמידים הי”ו.

 

I don’t think that any Rosh Yeshiva in a Hesder yeshiva would say that we should shield the students from the words of a great Torah scholar, but maybe I am wrong. I would be curious to hear reactions. In response to his letter, I sent this Rosh Yeshiva R. Abraham Elijah Kaplan’s essay on Herzl, to show him that Weinberg’s views in this regard were not unique.
Interestingly, in his letter to me the Rosh Yeshiva also wrote:

 

מה מאד נפלא מ”ש בסוף עמוד ריט על שיטת הגר”ח מבריסק לעומת שיטת הגר”א. מבחינה זו אנו לומדים בישיבה בשיטת הגר”א.

 

He was referring to this amazing letter from Weinberg:
קראתי את מאמרו של הגרי”ד סולובייציק על דודו הגרי”ז זצ”ל. השפה היא נהדרה ונאדרה והסגנון הוא מקסים. אבל התוכן הוא מוגזם ומופרז מאד. כך כותבים אנשים בעלי כת, כמו אנשי חב”ד ובעלי המוסר. מתוך מאמרו מתקבל הרושם כאלו התורה לא נתנה ע”י מרע”ה חלילה כי אם ע”י ר’ חיים מבריסק זצ”ל. אמת הדברים כי ר’ חיים הזרים זרם חדש של פלפול ע”ד ההגיון לישיבות. בהגיון יש לכל אדם חלק, ולפיכך יכולים כל בני הישיבה לחדש חידושים בסגנון זה, משא”כ בדרך הש”ך ורעק”א צריך להיות בקי גדול בשביל להיות קצת חריף ולכן משכל אנשי הישיבות מתאוים להיות “מחדשים” הם מעדיפים את ר’ חיים על כל הגאונים שקדמו לו. שאלתי פעם אחת את הגרי”ד בהיותו בברלין: מי גדול ממי: הגר”א מווילנא או ר’ חיים מבריסק? והוא ענני: כי בנוגע להבנה ר’ חיים גדול אף מהגר”א. אבל לא כן הדבר. הגר”א מבקש את האמת הפשוטה לאמתתה, ולא כן ר’ חיים. הגיונו וסברותי’ אינם משתלבים לא בלשון הגמ’ ולא בלשון הרמב”ם. ר’ חיים הי’ לכשלעצמו רמב”ם חדש אבל לא מפרש הרמב”ם. כך אמרתי להגאון ר’ משה ז”ל אבי’ של הגר”יד שליט”א.

 

9. My last two posts focused on R. Hayyim Dov Ber Gulevsky. With that in mind, I want to call everyone’s attention to a lecture by R. Aharon Rakefet in which he tells a great story that he himself witnessed, of how students in the Lakewood yeshiva were so angry at Gulevsky that they actually planned to cut his beard off. It is found here  [25] beginning at 65 minutes. The clip has an added treat as we get to hear the Indefatigable One, who mentions travelling to Brooklyn together with a certain “Maylech” in order to visit Gulevsky.
10. And finally, apropos of nothing, here is a picture that I think everyone will get a kick out of. The bride is Gladys Reiss. It shows the Rav in his hasidic side. (Thanks to David Eisen and R. Aharon Rakefet for providing the picture.)

[1] Some of the lies of this paper have been dealt with by R. Moshe Alharar, Li-Khvodah shel Torah (Jerusalem, 1988). Here are two condemnations of Yated printed in Alharar’s book.

 

For examples of the paper’s most recent outrages, take a look at two articles from the issue that appeared during the Ten Days of Penitence (!). The articles are available here and here.

 

The first is a vicious attack on the Shas MK R. Hayyim Amsellem for his authorship of a halakhic study arguing that those non-Jews who serve in the Israeli army should be converted using a less strict approach than is currently in practice. Amsellem, who is a student of R. Meir Mazuz and an outstanding talmid hakham, wrote this piece and sent it to some leading poskim to get their opinions. Amselem also discussed his approach in an interview.

 

What did Yated do? It attacked the “nonsensical, heretical remarks” of Amsellem, knowing full well that his article was not a practical halakhic ruling, but a work of Torah scholarship sent out for comment. And why is what he wrote “nonsensical” and “heretical”? Because it contradicts the viewpoint of “Maranan ve-Rabbanan Gedolei Yisrael,” the papacy that Yated has created.  As with every papacy, no one is permitted to have a different viewpoint. We see that clearly in the next article I linked to. Here the paper deals with the great sages who have permitted brain death. Obviously, Yated has started to believe its own papal rhetoric, since rather than offer any substantive comments, all it can do is refer to R. Elyashiv and unnamed former and current gedolei Yisrael. From Yated’s papal perspective, this is supposed to silence all debate, as if Judaism is a religious dictatorship. Yet it is not, and although Yated will never admit it, there are also former and current gedolei Yisrael who do accept brain death.
[2] “Be-Inyan ha-Gemarot ha-Mevuarot ha-Hadashim,” Or Yisrael 50 (Tevet, 5768), p. 42.
[3] “Be-Inyan Hadpasat ha-Gemara im Targumim u-Ferushim Hadashim,” Or Yisrael 50 (Tevet, 5768), pp. 39-40. Gorelik even claims that the only reason the Hafetz Hayyim agreed to support the Daf Yomi program was as a defense against the Haskalah and Reform. R. Chaim Rapoport responded to Gorelik, ibid., pp. 57ff.
[4] For the Lubavitcher Rebbe’s take on this, see here beginning at 8 minutes (called to my attention by a friend who wishes to remain anonymous). The Rebbe’s words are very strong: Since we know that “people” do not tell a lie that is likely to be found out, it must be that the liars are not in the category of “people” i.e., human beings!
[5] The phenomenon of children distorting their father’s legacy is also something that deserves a post of its own. One thinks of the efforts of the children and grandchildren of R. Gedaliah Nadel and R. Eliezer Waldenberg in opposition to the publication of Be-Torato shel R. Gedaliah and the reprinting of Hilkhot ha-Medinah. R. Nadel’s children were even successful in having Be-Torato removed from Hebrewbooks.org. There are many other such examples, some of which relate to the Rabbinical Seminary of Berlin, which like Yeshiva University was sometimes a place to be forgotten after one left the world of German Orthodoxy. For example, see R. Shmuel Munk’s biographical introduction to the work of his father, R. Shaul Munk, Bigdei Shesh (Jerusalem, 1973). There is no mention that R. Shaul studied at the Rabbinical Seminary. If that wasn’t enough, R. Shmuel, in the introduction, p 19, even attacks the German Orthodox practice of reading German poetry, going so far as to say that no one [!] has permitted this. As with the Yated, “no one” means “no one we regard as significant.” For an earlier post that deals with a posthumous removal of the Rabbinical Seminary from one graduate’s biography, see here.

 

None of the obituaries of R. Shlomo Wolbe mentioned that he studied at the Rabbinical Seminary of Berlin for a short while, but in this case I assume that the writers were unaware of this. The entry on Wolbe in Wikipedia does mention it, and I was the source for this information. My source is Weinberg’s letter to Samuel Atlas, dated June 10, 1965:

 

 

כך סיפר בן אחיו של וולפסון, מר אביעזר וולפסון, תלמיד מונטרה לפנים, ואח”כ תלמיד ישיבת באר יעקב, שבה משמש המנהל רוחני מר וולבה, יליד ברלין, בנו של סופר חילוני וכופר גמור. למד בכתות הנמוכות של בית מדרשנו, ואח”כ הלך לישיבת מיר ונעשה לחניכו של ר’ ירוחם ז”ל, המשפיע המוסרי הגדול.

 

 

The point mentioned by Weinberg, that Wolbe was raised in a non-Orthodox home, was never a secret. Some additional details of his turn to Orthodoxy were related by Anne Ruth Cohn, Dayan Grunfeld’s daughter. See here

 

Yet, as we have come to expect, the Yated cannot be honest with its readers. Thus, in its obituary here. It writes: “Shlomo Wolbe was born in Berlin to R’ Moshe in Tammuz 5674,” making it seem that he was from an Orthodox home. The obituary continues with more falsehoods: “As a child he studied in his home city and at a young age was sent to Yeshivas Frankfurt.” Needless to say, there is also no mention of Wolbe’s university studies.

 

Another example worth mentioning is the following: Those who read Making of a Godol will recall the description of R. Aaron Kotler’s irreligious sister who tried to convince him to leave the world of the yeshiva. Yet in Yitzchok Dershowitz’ hagiography of R. Aaron, The Legacy of Maran Rav Aharon Kotler (Lakewood, 2005), p. 63, this communist sister is described as “religious, but ‘secular education’ oriented.” See Zev Lev, “Al ‘Gidulo shel Gadol,’” Ha-Ma’ayan 50 (Tishrei, 5770), p. 104.

 

The absolute best example of this phenomenon relates to the Lubavitcher Rebbe’s brother, Yisrael Aryeh Leib. He was completely irreligious. There are people alive today who can testify to his public Sabbath violation. He even kept his store open on Shabbat. See Shaul Shimon Deutsch, Larger than Life (New York, 1997), vol. 2, ch. 7. Deutsch was even able to speak to his widow. Yisrael Aryeh Leib also has a daughter who presumably would be willing to describe what her father’s attitude towards religion was, if anyone is really interested in knowing the truth. I think it is very nice that Chabad in England commemorates his yahrzeit, see here, and this is very much in line with Chabad’s ideology that every Jew is precious. Yet what is one to make of this “institute”?

 

Here Yisrael Aryeh Leib, “the youngest brother of the Rebbe, Melech HaMoshiach, who lives forever,” is turned into a rabbi and devoted chasid. I actually contacted the person who runs the “institute” and asked him how he can so blatantly distort the historical record. Communicating with him was one of the most depressing experiences I have had in a long time. It is one thing for a person to believe foolish things, but here was a guy who had drunk an extra dose of the Kool Aid, and with whom normal modes of conversation were impossible. This is actually a good limud zekhut for him: unlike many other cases where the people distorting the historical record are intentionally creating falsehoods, in this case the distorter really believes what he is saying.
[6] R. Mark Urkowitz, who was a student of R. Gorelik, told me that at the end of his life Gorelik commented to him that he was very happy he taught at YU, since this was the only yeshiva whose graduates were bringing Torah to all corners of the United States. When Urkowitz later told this story to another of Gorelik’s son, he denied that his father could ever have said this. Urkowitz and one other person recalled to me how at Gorelik’s funeral YU was never mentioned in any of the eulogies. It was as if the major part of Gorelik’s life for forty years had never existed.
[7] Ishim ve-Shitot (Tel Aviv, 1952), pp. 58-59.
[8] Aaron Rakeffet-Rothkoff, The Rav, vol. 1, p. 227.
[9] This is Zevin’s preface to the story (translation in Louis Jacobs, A Tree of Life [London, 2000], pp. 54-55, n. 49):

 

Why did R. Hayyim refuse to write responsa? Some think that his remoteness from the area of practical decisions stemmed from the fact that he belonged to the ranks of “those who fear to render decision,” being afraid of the responsibility that it entails. But this is not so. The real reason was a different one. R. Hayyim was aware that he was incapable of simply following convention and that he would be obliged, consequently, to render decisions contrary to the norm and the traditionally accepted whenever his clear intellect and fine mind would show him that the law was really otherwise than as formulated by the great codifiers. The pure conscience of a truthful man would not allow him to ignore his own opinions and submit, but he would have felt himself bound to override their decisions and this he could not bring himself to do.
[10] See here.
[11] For more on Abraham Bick the communist, and his relationship with R. Moshe Bick, see here for the following report:

 

אברהם ביק הכרתי בפעם הראשונה כהרה”ר של רוסי’ בא לבקר לארה”ב בשנת תשכ”ח ביזמת הרב טייץ מאליזאבעט נוא דזשערזי. וכבוד גדול עשו לו וכל גדולי ארצינו באו לבקר אותו ולחלוק לו כבוד — הוא למד בסלאבאדקא והי’ ממלא מקומו של הרב שלייפער, וניהל בחכמה ובתבונה את רבנתו ועמד על משמרתו הוא בא ביחד עם החזושל לענינגראד -השומר- בבארא-פארק עשו פאראד גדול וכל הישיבות והבית-יעקב יצאו לרחובה של עיר לחוק כבוד להעומד על משמרת היהדות ברוסי’ משם נסעו לישיבת תורה-ודעת שכל הגדולים דברו וחיזקו את הרב לעווין .משם נסעו לאליזאבעט מקום הרב טייץ — שחלקו רב בענייני יהדות רוסי’ —  וגם שם הי’ פאראד גדול. והרב לעווין הי’ מאוד מרוגש .ודמעות נזלו מעיניו. נחזור לביק-הוא הי’ קאמאניסט. והי’ מכונה הרב של הקאמאניסטים. הוא כתב מאמרים בשבועון שלהם ותמיד המליץ טוב על הקאמאניסטים שהם לא רודפים את הדת. וכשהרב לעווין הי’ כאן הוא הי’ מראשי המחותנים שם. ואז דברתי איתו בפעם הראשונה. אח”כ הוא עלה לארה”ק ועבד במוסד הרב קוק ומצאתיו שם אך לא רציתי להכאיבו ולא דברנו על העבר. אז נתן לי שני ספרים א] זהרי-חמה הגהות על הזוה”ק מהיעב”ץ. ועוד ספר למוסרו לש”ב הרה”ג רמצ”א זצ”ל ביק — הוא פשוט רצה להתפייס איתו כי הם לא היו שוה בשוה-וכשהבאתי את הספרים להרב ביק דברתי איתו על אברהם ביק ואביו הרה”ג שהי’ חתן המשמרת שלום מקאדינאוו, והי’ בעל הוראה מובהק. בקיצור לאחר זמן חזר לארה”ב בגין אישתו וביתו שלא היו בקו הבריאות — הוא הי’ דמות טראגית — אביו שלחו מארה”ב ללמוד לארה”ק. אך הי’ תמיד שומר תורה ומצוות הי’ אידאליסט ולא הי’ בן יחיד במחשבתו שהקאמאניזום יציל את האנושות והיהדות .הוא לא עשה זאת מטעם כסף .הוא לא הי’ מאטראליסט. והשם הטוב יכפר בעדו.

 

[12] Ha-Maor, Tamuz 5726, p. 18.
[13] Ha-Gaon ha-Rav Meir Amsel (Monsey, 2008), p. 262.
[14] See R. Yaakov Hayyim Sofer in Moriah, Nisan 5769, p. 150.
[15] R. Chaim Rapoport provides some of these sources in his article in Or Yisrael, Tishrei 5770.
[16] For R. Abraham Elijah Kaplan’s view, see his Mivhar Ketavim (Jerusalem, 2006), pp. 287-288.
[17] After quoting this halakhah, Rama cites an opposing view, but this is cited as יש אומרים, meaning that the first ruling is the one Rama accepts. Even this view is not something that would go over well in the Modern Orthodox world: וי”א דאסור להטעותו אלא אם טעה מעצמו שרי
[18] Although he might not be fired, any Modern Orthodox rabbi who stated as follows would also be in hot water, as the congregation would be outraged: “One is not allowed to admire gentiles or praise them.” The writer of these words goes on to say that collecting baseball cards is also forbidden. “While it may be that some people trade them only for financial gain, the reason for collecting the cards is more likely because of an appreciation and admiration for the personalities depicted on them. This is forbidden.” Quite apart from the terrible lack of judgment in putting the first sentence (“One is not allowed to admire gentiles or praise them”) into an English language book (for obvious reasons), should we be surprised that a halakhist who thinks baseball cards are forbidden is one of the poskim of the formerly Modern Orthodox OU? See R. Yisrael Belsky, Shulchan Halevi (Kiryat Sefer, 2008), pp. 132, 133. (For another ruling against baseball cards, see R. Yitzhak Abadi, Or Yitzhak, Yoreh Deah no. 26.) In discussing the issue of praising Gentiles and the prohibition of le tehanem, Meiri writes as follows, in words that have become basic to the Modern Orthodox ethos (Beit ha-Behirah: Avodah Zarah 20a):

 

כל שהוא מן האומות הגדורות בדרכי הדתות ושמודות בא-להות אין ספק שאף בשאין מכירו מותר וראוי.

 

[19] Samuel Cohon discusses Rama’s ruling in Faithfully Yours (Jersey City, 2008), pp. 87-88.
[20] See similarly R. Shneur Zalman of Lyady, Shulhan Arukh, Hilkhot Ona’ah, no. 11.
[21] Along these lines, see here for a recent article by R Binyamin Lau dealing with a husband who wanted to know if he was halakhically permitted to hit his wife.
[22] Sihot ha-Rav Tzvi Yehudah: Bereishit, ed. Aviner (Jerusalem, 1993), pp. 295-297, 310-312.
[23] In Studies in Maimonides I cite numerous examples. Here is one more to add to the list. R. Tzefanyah Arusi, “’Lo ba-Shamayim Hi’ be-Mishnat ha-Rambam,” Mesorah le-Yosef 6 (2009), p. 396:

 

מה שהשיג הגר”א בעניין השדים והכשפים, יש להשיב על כל דבריו: וכי מניין לו שלדברי רבנו אין מציאות לשדים ולמכשפים וכיו”ב.

 

[24] See his Ketavim (Jerusalem, 1989),  vol. 2, pp. 600-601.
[25] “The Bracha for Kidush Ha-Shem,” Sep. 21, 2008.



The Writings of R. Hayyim Gulevsky, Part 2

The Writings of R. Hayyim Gulevsky, part 2
By Marc B. Shapiro

Many of the stories Gulevsky tells cannot be verified, and we have to take his word that he is faithfully recording that which he heard. Thus, he tells us about R. Abraham Eliezer Alperstein, who was an early rosh yeshiva at Yeshivat R Yitzhak Elhanan and the author of the first commentary on the Talmud published in the United States. It appeared in Chicago in 1887. Gulevsky tells the story of Alperstein’s move to Chicago, where, after arriving, he supposedly gave a speech in which he said the following (Du Yovlin, p. 30):
יהודי נוי יארק הם בעלי זדון ומשוגה ואינם שומעים לקול מורים, רק לקול מורדים. אבל את יהודים יקרים בשיקאגא כי לכל העם בשגגה, ואשר את המלה בשגגה חיריק תחת השין גימל הראשון פתח וגימל השני קמוצה, וזה נקרא שיגאגא.
(Alperstein’s pun, שגגה=Chicago, is also found in the introduction to the second edition of his commentary.)
Gulevsky claims that Alperstein left New York for Chicago because the people in charge of bringing a chief rabbi to N.Y. were not interested in a great scholar but in a fine speaker and that is why they chose R. Jacob Joseph, who was the leading preacher in Vilna. Although he was also served as a dayan, he was not esteemed as a halakhic authority. Gulevsky adds that when Yeshivat R. Yitzhak Elhanan was established, they didn’t consider R. Jacob Joseph worthy of being the head rosh yeshiva. According to Gulevsky, even though he was a great talmid hakham, he was not of the level that an important community in Europe would have picked him as its rav.
With regard to R. Jacob Joseph, let me point out an error I made in an earlier post.[1] I referred to the Aderet’s responsum attacking R. Jacob Joseph and I assumed that the publishers didn’t know who R. Jacob Joseph was or they wouldn’t have allowed this to appear. It was pointed out, however, that I was wrong as in the index at the back of the volume the editors indeed identify who R. Jacob Joseph was. This makes it even more unusual that the text wasn’t censored.
While Alperstein at first was very happy in Chicago, this did not last long, As Yosef Goldman points out, “Alperstein had only praise for his congregation in Chicago in the first edition [of his talmudic commentary]; in the second edition he referred to its members as ‘wild boars.’”[2]
Only a few years later R. Jacob David Wilovsky (Ridbaz) also came to Chicago and he too found a great deal of difficulty there. In particular, he was opposed by R. Zvi Simeon Album who saw Ridbaz as a threat to his own kashrut supervision. While today everyone knows the Ridbaz and no one has heard of Album, we shouldn’t let this prejudice us in this particular matter. After all, Album was also a fine talmid hakham, although obviously not at the Ridbaz’ level. He published two volumes detailing his terrible dispute with Ridbaz, in which aside from dealing with kashrut matters, he also accuses Ridbaz of plagiarism and of creating controversy where ever he goes. Here are the title pages.


While the history of kashrut supervision is a great interest of mine, I will leave that for another time. For now, let me just call attention to two interesting points he makes in his polemic against Ridbaz.
The Ridbaz’ attack on the Brisker method is well known. In the introduction to his responsa, Beit Ridbaz (Jerusalem, 1908), Ridbaz writes as follows:

A certain rabbi invented the “chemical” method of study. Those in the know now refer to it as “chemistry,” but many speak of it as “logic.” This proved to be of great harm to us for it is a foreign spirit from without that they have brought in to the Oral Torah. This is not the Torah delivered to us by Moses from the mouth of the Omnipresent. This method of study has spread among the yeshivah students who still hold a gemara in their hands. In no way does this type of Torah study bring men to purity. From the day this method spread abroad this kind of Torah has had no power to protect its students. . . . It is better to have no rosh yeshivah than to have one who studies with the “chemical” method.

In his ethical will, printed at the end of his responsa, Ridbaz returns to this criticism and directs his sons: “Be careful, and keep far away from the new method of study that has in recent years spread through Lithuania and Zamut. Those knowledgeable in Torah refer to it as ‘chemistry.'” [Just before this post appeared, R. Eliezer Katzman sent word that in his opinion, Ridbaz is not referring to R. Hayyim and the Brisker approach, but rather to Telz and its method of talmudic analysis. I don’t believe this is correct, and hope to return to this subject in a future post.]
In the first edition of Shaul Stampfer’s Ha-Yeshivah ha-Lita’it be-Hithavutah, p. 113 n. 29, he quotes Saul Lieberman’s opinion that Ridbaz’ words were directed against R. Isaac Jacob Reines. This is clearly incorrect. Reines’ method had no influence whatsoever, and Ridbaz is speaking about a method of study that was widespread in the yeshivot. It is obvious that he can only be referring to the method of R. Hayyim. Lieberman’s incorrect speculation was removed in the second edition of Stampfer’s book.
This new edition is of great importance for it contains the documents that reveal the true reason why Volozhin was closed. In fact, On the Main Line has recently printed a report from the Jewish Chronicle that shows that even in England they had heard that the reason for closing down the yeshiva had to do with the “nihilists.”[3] Incidentally, the report in the Jewish Chronicle’s second story (also cited by On the Main Line) that the Netziv went to Western Europe is incorrect. In fact, I found it quite strange, as it is well known that the Netziv never left Eastern Europe. I asked R. Nathan Kamenetsky about this, and he responded as follows:

They confused him with his son R’ Hayyim Berlin, who did travel to Western Europe to raise funds. In MOAG (p. 449) I quote part of a letter R’ Hayyim wrote FROM PARIS, four months after the closure of the yeshiva to the Rav of Tripoli, Libya . . . From the text of [R.] Berlin’s signature on that letter, I prove (among other proofs) that the Berlins expected the closure of the yeshiva to be temporary.[4]

He also wrote me that he finds the article on the closure significant as “this proves that even among Jews it was known that the yeshiva was closed for the actual reason that is set down in the government records that Stampfer discovered and publicized in his later edition of ‘Yeshivot Lita be’Hit’havutah’. . . . It is invaluable.”

Returning to the Ridbaz, it is not surprising that Album, Divrei Emet, vol. 2, p. 45, points to Ridbaz’ comments as proof that the latter had contempt for the Torah scholars of Eastern Europe. Ridbaz never responded to this volume, but in the introduction to Nimukei Ridbaz (Chicago, 1904), he had already given his view of Album (without mentioning him by name).[5] There was another attack on Album in the book Akhen Noda ha-Davar (n.p., n.d). This latter work is very rare and I have never seen a copy of it. Although its author is given as P. Gwirtzman, Album claims that it was really written by Ridbaz (Divrei Emet, vol. 2, pp. 3, 9, 31).
Needless to say, because of his attacks on R. Hayyim, Ridbaz did not endear himself to the Soloveitchik family. Once when a student referred to Ridbaz, R. Joseph B. Soloveitchik became very angry and told the student never to mention his name again. He also said that some gedolim are always right, some are sometimes right, and some are never right, and the Ridbaz falls into the latter category![6]
Album also points to something else in order to attack Ridbaz. Here is the title page of Ridbaz’ Nimukei Ridbaz.

Look at how Ridbaz is described with such grandiose titles. Album picks up on this and writes (Divrei Emet, vol. 1, p. 34b):

עשה עטרה לעצמו בראשו וכתב על עצמו על פתח השער, ספר נימוקי הרידב”ז, מאת רבינו מאור הגולה שר התורה צדיק נשגב המפורסם בכל קצות תבל כק”ש מה’ יעקב דוד נ”י המפורסם בחיבורו הגדול על הירושלמי. כן כתב הרידב”ז על עצמו – ועשה נגד הירושלמי מפורש בפ’ ז’ דפסחים וז”ל הירושלמי ושנא את הרבנות מלמד שלא יניח אדם עטרה לעצמו בראשו שנאמר יהללוך זרים ולא פיך
He continues by mocking Ridbaz’ learning. Here is one example, where he picks up on something Ridbaz writes in Nimukei Ridbaz (ibid., p. 35a):
וכמה דברים אשר נמצאים בתוכו הוא אפס ואין – ואין זה כי אם ראות עין. כמו למשל כתב בפ’ וירא דלכך לא הכניס אברהם המלאכים לתוך האוהל משום דהצדיקים אין הקב”ה מביא תקלה על ידם, ואם הכניסם לתוך האוהל היה שרה רואה אותם, וקיי”ל דאשה נדה אסורה להביט על הס”ת ע”כ באם היו באוהל היתה בע”כ שרה רואה אותם ע”כ. והנה כל דבריו בזה דברים בטלים המה, ראשית שאין שום איסור על האשה להביט על הס”ת רק מצד מנהג וכבוד, עיין במג”א וגם אין צדיקים הקב”ה מביא תקלה על ידן לא שייך אלא במידי דאכילת איסור.
He continues the assault on this point in vol. 2, p. 39:
ומלבד שדבריו דברי ליצנות המה, ומה ענין מלאכים לס”ת, והיכן מצינו שיהי’ מלאכים בגדר ס”ת.
It is very sad to read how Ridbaz and Album speak about each other, and as more than a few have quipped, “There is no hatred like the hatred between rabbis.” Another version of the comment is that “There is no hatred like the hatred between rabbis, especially when money is involved.” Yet in this case, at least, I don’t know how significant the financial angle was. Album claimed that he never received remuneration for giving his hashgachah, and this isn’t something he could have put in print if it was not true. However, Harold Gastwirt assumes that Album was upset that Ridbaz had been chosen as chief rabbi of Chicago, instead of him, and this position certainly did come with a salary.[7])
In seeking to explain the phenomenon or rabbinic hatred, R. Jacob Eskolsky gives the following insightful answer (Taryag Mitzvot [New York, 1926], vol. 1, p. 32a.
פעם אחת השבתי לבעל הבית אחד בעיר סקרענטאן, אשר הייתי שם רב איזה שנים, אשר שאלני השאלה הנושנה של העם, מדוע נשתנו הרבנים מכל בני מלאכה אחרת, אשר הם יושבים זה בצד זה ברחוב אחד או בבית חרושת אחד ואינם שונאים זה לזה, והרבנים מכיון שנמצאים שנים בעיר אינם נוחין זה לזה, אדרבה שונאים הם זה את זה ומחרפים אחד את חבירו, היש איזו סיבה לפליאה זו? והשבתי לו בפשיטות, הלא אם יבואו איש לביתו ויבשר בשורה נעימה לאשתו, כי עזרהו ה’ בפרנסתו ויוכל להוסיף לה שפחה על שפחתה שתהיה עזר כנגדה ותוכל לישב בקתדרא, תגיע להגברת שמחה מזה, וגם השפחה היושבת בבית הבישול בשמעה זאת אחורי הדלת נתמלאה רצון משמועה הזאת, כי תהיה לה חברה לעבודתה ולא יפול משא כל הבית עליה. לא כן אם יבוא איש הביתה בבשורה נעימה ומספר לאשתו כי עזרהו ה’ בריווח גדול יוכל לקחת עוד אשה אחת על אשתו, כי יוכל לפרנס שתי נשים, אז תמלא קנאת עזה כמוה ותשפוך כל חמתה עליו ובקול רעש גדול תחיל הזעק עליו, כי איננה שפחה בביתו להיות שמח בחברתה, כי בעלת הבית היא ואינה חפצה בשום אופן להניח שניה לצוות ולהנהיג עניני הבית ורק קולה ישמע בכל ענין הנהגת הבית, ואם לא ישמע לה ויקח אשה אחרת עליה תהיה צרה לה. כמו כן אם הרבנים מקיימים מה שנאמר בהוריות (דף י’) לא שררות אני נותן לכם, עבדות אני נותן לכם, כי אז היו שמחים אם הקהל מקבל עליו עוד רב, ובקבלת עוד עבד לצרכי הקהל הוקל מעליו עבודת העיר, אך אם הרב מחשיב את עצמו לשר ושופט ונוהג נשיאותו ברמה וכל מילי דמתא יהיו נמתחים אך על פיו ובלעדו לא ירים איש את ידו, אז מביט בעין קנאה על רב השני ואינו מניחו להרים ראש. ועל זה אמרו חכמנו (יומא עא) אלו תלמידי חכמים שדומים לנשים ועושים גבורה כאנשים, כי דרך נשים להם להיות מתקנאות בירך חברתה ולהיות צרה להשניה.
Before coming to New York, Eskolsky had served as a rav in Scranton[8] and was no stranger to rabbinic disputes himself.[9]
Exalted egos from both sides also helps to explain rabbinic feuds. As the Maharal commented, this is a particular problem of Torah scholars, because they are aware of their own great scholarship (Netivot Olam: Netivot ha-Anavah, ch. 6):
כי הגאוה הוא על בעל תורה בטבע וכל זה מצד הגדולה והמעלה שיש לתורה . . . ומפני כך בעל התורה יש בו קצת גאוה שרואה עצמו ג”כ גבוה ונבדל משאר הבריות.
Sometimes these rabbinic disputes even reach the level of what R. Jehiel Jacob Weinberg referred to as “murder.” Here is what he wrote in a letter to R. Joseph Apfel (Kitvei ha-Rav Weinberg, vol. 1 no. 3):
לפני שנתיים באו לכאן הרב גרוסנאס ביחד עם הפרופ’ דומב להתיעץ עם הגרי”א הרצוג ז”ל ששהה כאן והם הי’ גם אצלי ואני יעצתי להגריא”ה לבלי להורות הוראה בזה כי אם בהסכמת כל גדולי ירושלים כי . . . יש קנאים גדולים שאינם מודים על האמת אלא מחמירים עפ”י שיקול דעתם ורגשי לבם. ועמם אין להתוכח והם חשודים גם על שפיכת דם של המקילים וד”ל.
I published this volume as a sefer, to be used in the beit midrash, so I took out something which I didn’t think was proper to appear in such a work (as opposed to a scholarly book or blog where these considerations do not apply). In accordance with scholarly convention, I indicated this with an ellipses. Incidentally, when the late R. Joseph Apfel gave me the letters he received from R. Weinberg, there was only one place where he told me to omit a name. Other than that, he gave me permission to publish the letters in their entirety.
The complete sentence reads (and I have emphasized the deleted word):
כי אם בהסכמת כל גדולי ירושלים כי ביניהם יש קנאים גדולים שאינם מודים על האמת
In other words, R. Weinberg includes in his criticism even some people regarded as gedolim. This should not surprise us, and it doesn’t mean that these individuals are not, in fact, gedolim. Even well-meaning people can at times be led to extreme statements and “shefihut damim”. We have seen this in the last few years when rabbis, without any real knowledge of the facts, have declared that certain hashgachot are not reliable. We have seen gedolim declare that certain authors are dangerous without having even read their books (in the original or in translation) or spoken to them. I know from speaking to some of the mashgichim and the authors that they regard this as real “shefihut damim,” for they have been publicly condemned as either not reliable in matters of kashrut[10] or as destroyers of Torah society. If the accusations are true, then the rabbis have no choice but to speak out. But if the allegations are false, or even uncertain, is there any greater “shefihut damim” than this?
With regard to Weinberg’s comment, the late Yonah Emanuel wrote to me:
[תרשה] לי להתייחס לקטע הנ”ל, בו הרב ויינברג כתב שהקנאים חשודים על שפיכות דמים של המקילים. יש להביא אסמכתא מעדות אישה (!). רות בלוי בספרה “שומרי העיר” (י”ם תשל”ט) , פרק יז-יח, מתארת איך הקנאים רצו למנוע נישואי רבי עמרם בלוי איתה, בהיותה גיורת. אבל למה להביא ממרחק לחמנו? פעם הלכתי לשיעור אצל מו”ר הרב ש”ז אויערבך זצ”ל, ופתאום ראיתי במדרגות בית מו”ר זצ”ל קנאים רבים, חלק מהם דחפו עצמם לתוך הדירה, וחלק עמדו בחוץ. הם רצו ללחוץ בענין מסויים על מו”ר זצ”ל, והשיטה הבדוקה לבוא בהמונים, ללחוץ ולהפחיד. על זה התריע הרב ויינברג זצ”ל ממרחקים. על כגון זה נאמר “את בנציבין ומצודתך פרוסה בירושלים” (פסחים ג ע”ב).
Regarding rabbinic disputes, it is also worth recalling these memorable words, quoted by R. David Sperber (grandfather of Prof. Daniel Sperber)[11]:
מוטב להעמיד צלם בהיכל מלהחזיק במחלוקת
Returning to Ridbaz, all of the controversy in Chicago was too much for him and he left Chicago. Legend has it that he was locked in the freezer, in an attempt by his enemies to kill him, and upon being freed he immediately took his family and grabbed a train to New York. It was Friday night but he felt this was a case of was pikuach nefesh. I doubt that the story is true, although in a previous post I did mention a case where the mashgiach was locked in the freezer. We also have another recorded case where this happened. I refer to Rabbi Luntz of Paterson, N. J. who was locked in the icebox by one of the butchers he certified. This would have been bad enough, but Luntz also had to contend with R. Judah Leib Seltzer, who was later one of the leaders of Agudat ha-Rabbonim. He too was in Paterson and had a terrible feud with Luntz, which “climaxed by a public fight between the two rabbis in the synagogue.”[12]
Speaking of rabbis who were chased out of their communities, let me repeat what I heard from the late Rabbi Louis Jacobs.[13] This story is not documented anywhere, but is something that Jacobs no doubt heard growing up in Manchester. R. Abraham Aaron Yudelevitz was a rav in Manchester at the turn of the twentieth century. He would later come to the United States where he served as a rav in Boston and later in New York, and he was also a rosh yeshiva at Yeshivat R. Yitzhak Elhanan. As with a few others, while in N.Y. he even had the title “Rav ha-Kollel.”
Yudelevitz might have been the most brilliant Torah scholar in the United States. He was also prepared to stand up to anyone (including the Rogochover),[14] and is known for one incredible pesak that created enormous controversy: He permitted a woman to appoint another woman as her shaliah to carry out the halitzah ceremony. A short discussion of Yudelevitz’ life and the controversy is found in the second volume of Yeshurun,[15] the series which continues to publish massive volumes full of important and fascinating material. The typical haredi nonsense is, of course, to be found there, but since it is not so common it is no more than an unpleasant distraction.[16]
Here is a picture of Yudelevitz. He is on the right and the other rabbi is Gavriel Zev Margulies, whom I mentioned in my last post (see also note 12).[17]

Jacobs told me that when the machers had tired of Yudelevitz, they let him know it was time to leave in the following way. When his carriage pulled up one day, inside it were a couple of prostitutes waiting for him. This was the message to Yudelevitz to get out of town! Rather than stay and fight, he set his sights on the United States.

Returning to Gulevsky, in his book Du Yovlin (New York, 1988) he focuses on American Orthodoxy and its various rabbinic leaders. Since R. Emanuel Rackman recently passed away, let me quote a little of what he says (p. 45) about R. David Rackman, who was R. Emanuel’s father. He is the author of Kiryat Hanah David (New York, 1967), published by his son, and was a Rosh Yeshiva at RIETS for a couple of years beginning in 1907.

אחד מראשוני התלמידים שבאו ללמוד בישיבה ואחרי כן הרביצו תורה בישיבה, זה היה הרה”ג רבי דוד רקמאן. כפי ששמעתי מזקנים, הרה”ג מוהר”ר דוד רקמאן בא לארצות הברית עם סמיכת חכמים בידו. הרה”ג רבי נחום דן מסלוצק היה משגיח הראשון בישיבה, והוא לא היה קשור עם תנועת המוסר לגמרי. אבל היה אביהם של כל בני הישיבה, ויותר מזה אביהם ואמם. הוא יעץ להרה”ג דוד רקמאן שימשיך ללמוד ולא לרוץ אחרי הבלי עולם הזה . . . בשנת תרס”ז כבר נתן שיעורים בישיבה קרוב לשלש שנים. היה חכם מופלג ותמך בישיבה כל ימיו. כאשר באו לישיבה מאורי ישראל רבותינו העילוי ממיטשט ואחרי כן רבי משה הלוי סאלאווייציג עזב הרה”ג רבי דוד רקמאן כל עסקיו, וממש התאבק בעפר רגליהם. פעם ראיתי אותו בסביבת החכם השלם איש האשכולות מרן חיים העליר, ויבדל לחיים טובים “הרב” שליט”א. מעולם לא ראיתי פה במדינה הזאת רב שיעמוד ביראת הכבוד כלפי גדולי ישראל אמיתיים כרבי דוד רקמאן.
Gulevsky gives descriptions of other early students at RIETS. One of those he mentions is Moses Romm, who was later a rabbi in Minneapolis. I believe he is the grandfather of Rabbi Romm who taught at BMT for many years. He also mentions Henry Guterman, who was the rav of Scranton for half a century, and has recollections of Samuel K. Mirsky, Dov Baer Abramowitz, and many others. There is so much material here, for those interested in American Orthodoxy, that I can’t even begin to summarize it.
Regarding R. Benjamin Fleischer, many of whose books are now on HebrewBooks.org, Gulevsky says the following (p. 46):
טיפוס מיוחד במינו היה הרה”ג העצום רבי בנימין שלייפער [צ”ל פליישער] שהיה רב בבית מדרש הגדול במורד העיר. היה עילוי נפלא ובקיאותו בש”ס ופוסקים היה משהו מיוחד. ובגלל שהיה עילוי בכל המובנים לכן לא נעשה הפוסק במורד העיר. היה מחמיר גדול בשאלת נשים, אפילו בדרבנן. השיטה שלו היתה שבמדינה הזאת אין חשש מאכולת, הנשים נקיות ביותר וצריכים לבטל לגמרי כל הקולות של כתמים. התרעם הרבה על כמה פסקים של הרה”ג א. ה. בניו יראק, והרה”ג ח. מ. בשיקגא, לא רק בשאלת נשים.
The New York rabbi he alludes to is undoubtedly R. Joseph Elijah Henkin but I don’t know who the Chicago rabbi is. Maybe one of the readers can help out here. As mentioned before, Gulevsky uses this type of code throughout his works. With regard to his categorization of Fleischer as an “illui,” it is worth recalling R. Moshe Feinstein’s comment that: אין לנו הרבה נחת מהעילויים.[18
In the previous post I quoted the very harsh things Gulevsky had to say about YU. Yet Du Yovlin was written while he was still employed there, and from this book we get an entirely different picture. YU is referred to as “yeshivatenu ha-kedoshah”, and on p. 1 Dr. Norman Lamm is described as follows:
ידידי ורב חביבי וכו’, החכם השלם איש האשכולות כליל המדעים וכו’ וכו’ וכו’ הרה”ג נחום לאם שליט”א
At the beginning of this post I mentioned that Gulevsky is descended from both R. Hayyim of Volozhin and his brother R. Simcha. While everyone knows that R. Hayyim became the student of the Vilna Gaon, Gulevsky tells us the following about his forefather, R. Simcha, which is amazing in that it testifies to Lithuanian opposition to the Vilna Gaon (Du Yovlin, p. 2):
אאמו”ז רבינו שמחה התנגד לנסוע אל אדונינו הגר”א כפי שרמז מר זקני הגאון החסיד קדוש ישראל זצוק”ל הי”ד. זקנינו רבינו שמחה בתמימותו הכנה חשב שהגר”א הולך לשנות מנהגן של ישראל, והתנגד לזה הרבה. אדונינו בעל השאגת אריה לא שינה שום דבר מלבד שהכשיר מכה בדופן וכו’, אולם אדונינו הגר”א, שמעו עליו שאינו מניח תפילין בחול המועד וכדומה.
With regard to the Vilna Gaon, and why he never made it to the Land of Israel, Gulevsky writes as follows (Shabbat Shabbaton, p. 134):
ושמעתי מאאמו”ז הגאון החסיד קדוש ישראל עמוד ההוראה ואביר הרועים מרנא שמחה זעליג זצוק”ל הי”ד, ששמע ממרא דמתיבתא עלאה הגה”ח המובהק מרן רפאל מוואלאזשין ששמע מאביו רבינו אריה ליב שאפירא מקאוונא, היו הרבה טעמים שהגר”א חזר מדרכו לארץ ישראל. אבל רבינו אריה ליב סבר שאחד מהטעמים בנגלה היה שהגר”א סבר העיקר כהמבי”ט נגד הבית יוסף וכל חכמי הדור ההוא.
According to the Mabit all produce grown in the Land of Israel in the Sabbatical year, even on non-Jewish land, has sanctity and must be given special treatment. I assume that Gulevsky’s report means that the Gaon did not want to come to the land of Israel and create controversy by adopting a practice in opposition to R. Joseph Karo’s view, which was minhag Eretz Yisrael.[19] (In the twentieth century the Chazon Ish had no compunctions in advocating the Mabit’s opinion, especially as there are reports – hotly disputed, to be sure – that before his death R. Joseph Karo abandoned his position.[20])
An interesting comment which is not of a historical nature is found in Shabbat Shabbaton. p. 96. R. Moshe Feinstein states that anytime Rabad doesn’t express his disagreement with the Rambam, this shows that he agrees with him. R. Moshe is hardly the first to argue in this fashion,[21] yet Gulevsky points out that this is a methodological error and that there are numerous times that Rabad disagrees in his other works and doesn’t record this disagreement in his hassagot. R. Yaakov Hayyim Sofer, who has a bekiut unlike that of anyone alive today, has a very long list of such disagreements, and if all we had were the hassagot we would know nothing of this.[22] We can conclude, therefore, that Rabad’s hassagot were never intended to be a comprehensive list of all of his criticisms, but were written in an ad hoc fashion.
Quite apart from what appears in his books, there are some other interesting tidbits he told me which as far as I know do not appear in print.
1. The grandfather of the famous bibliographer, E. R. Malachi, was named Engleman, and he emigrated from Brisk to the Land of Israel in 1837.
2. R. Simcha Zelig Rieger was head of a kollel le-hora’ah in Volozhin. This kollel focused on practical halakhah.
3. R. Hayyim Soloveitchik and R. Velvel never preached to the community, not even on Shabbat ha-Gadol and Shabbat Shuvah.[23]
4. Although R. Velvel was officially rav of Brisk for twenty years, he only resided in the city for six and a half of these years. He was often ill and had to spend much of his time in places more congenial to his health. He was not living there during the 1937 pogrom, but after this event he returned to the city for two weeks.
5. In Kelm “they held of” Wessely’s Yein ha-Levanon.(I include this because I think Gulevsky meant the yeshiva as a whole, not simply R. Simcha Zissel. R. David Zvi Hillman has seen the manuscript essays of R. Simcha Zissel, and they contain references to Wessely. When these were published in Hokhmah u-Mussar [New York, 1957], Wessely’s name was deleted.[24])
6. Rabbi Rakefet has asserted on numerous occasions that as a young man R. Shneur Kotler attended R. Soloveitchik’s shiurim at YU. Gulevsky denies this. According to him, R. Shneur only went to hear the Rav at Moriah.[25]
7. R. Joseph Zekhariah Stern, Zekher Yehosef, Orah Hayyim no. 177, has a responsum addressed to ר’ מנחם שרגא רעוויל. This is Bernard Revel’s father (The first name was actually Nahum, not Menahem.)

I would be remiss in not mentioning that one has to question many of the stories Gulevsky tells, simply because they don’t agree with what we know from other sources. While he tries to be careful in his facts, some of his reports are no different than the typical “frum history” in which all sorts of stories get repeated as if they were facts. There are a number of examples of this but let me note one that doesn’t appear in his books, but which he told me. According to Gulevsky, the reason Yeshiva College did not offer a job to Saul Lieberman is because his father-in-law, Meir Bar-Ilan, almost bankrupted the institution when he served as temporary president during Bernard Revel’s leave of absence. Yet this is completely false. There are also times when Gulevsky writes things that are not merely incorrect, but downright foolish. See e.g., here.

The link just given refers to Gulevsky’s stringent view of eruvin. In this he is following not only the Brisker tradition but also that of his grandfather, who did not believe that an eruv could be established in the typical town. Yet Gulevsky has also noted that despite this opposition, there was an eruv in Brisk and his grandfather checked it every week.[26] (When the young Joseph Baer visited Brisk he checked it together with R. Simcha Zelig.[27] He also used to check the eruv in Chaslovitz, where his father was the rav.) Originally I thought that the presence of an eruv in Brisk was an example of R. Hayyim not wishing to force the community to adopt his stringent position. Yet from R. Moshe Sternbuch’s recently published Teshuvot ve-Hanhagot, vol. 5, no. 101, we see that this was not the case. He heard from R. Velvel that R. Hayyim wanted to forbid the eruv, and even publicized this, but the people refused to listen to him. (You see, it is not only Modern Orthodox Jews who ignore what the rabbis tell them!) The people must have thought that if other cities with great rabbis can have an eruv, then why should they suffer because of R. Hayyim’s humra. Faced with this rejection, R. Hayyim told R. Simcha Zelig that the kashrut of the eruv was to be his responsibility. R. Hayyim wanted nothing to do with it. R. Velvel himself would only check the eruv once a year, before Rosh Hashanah, and it bothered him greatly that his own city was relying on what he regarded to be unacceptable leniencies.[28]
In Boston, as long as R. Joseph B. Soloveitchik was active, there was no eruv. The Rav publicly declared:
I am opposed to the establishment of eruvin. An eruv in American means the abolishment of the prohibition of carrying on Shabbat. Aside from certain [meta-halakhic] reasons, I also have halakhic reasons why I can’t give my approval to the establishment of eruvin. [29]
As soon as the Rav was no longer able to protest, an eruv was established in Brookline. I was in the Bostoner Rebbe’s shul when he spoke about how important the eruv was and that everyone should rely on it. He insisted that there must be no distinction between the “frum,” who don’t carry, and everyone else. It is interesting that the Modern Orthodox world, which places the Rav on such a pedestal, has not accepted one of his few public halakhic pronouncements.

[1] See here
[2] Hebrew Printing in America, p. 501.
[3] See here.
[4] In his e-mail to me Kamenetsky mistakenly wrote R. Meir Berlin. I have corrected it.
[5] The introduction to this book and also his Beit Ridbaz (Jerusalem, 1908), are fascinating, because he describes in detail many of the communal problems he saw. One wonders if he was writing his book today, which problems he would identify. I don’t think English sermons would still be an issue for him, although I think it is fair to say that advertising a “Pretty Woman” sheitl would definitely outrage hiim. After all, the sheitl is supposed to represent modesty, and Julia Roberts’ profession in that particular movie was not exactly tzniusdik. See here (Unfortunately, some of the comments to this post are inappropriate.)
[6] I heard this from an eyewitness. The event took place in the 1950s.
[7] See Fraud, Corruption, and Holiness (Port Washington, 1974), p. 91.
[8] Quiz question: Which contemporary gadol be-Yisrael was born in Scranton?
[9] See Gastwirt, Fraud, p. 145, that Eskolsky was expelled from Agudat ha-Rabbanim for giving a hekhsher on a plant that produced both kosher and non-kosher meat. This was in violation of the Agudat ha-Rabbanim takkanah. Those rabbis who opposed Agudat ha-Rabbanim’s policy formed the competing Kenesset ha-Rabbonim, which was led by R. Gavriel Zev Margulies.
[10] Experience has shown that a rabbi who is financially corrupt can easily win back his reputation (and in some circles financial corruption doesn’t affect his reputation to begin with). Yet if a rabbi is accused of not being reliable in matters of kashrut, even if the accusation is false, it is almost impossible for him to turn this around. Unfortunately, when it comes to kashrut supervision, American Orthodoxy has distorted our tradition. People are constantly told that if they see a hashgachah on a product or restaurant, that they cannot rely on it without investigating who the rav ha-machshir is. This is completely mistaken. According to halakhah every rav is regarded as trustworthy unless you have been reliably informed otherwise. Without receiving negative information, one should always assume that a rav is reliable. This is no different than if you arrive in a new city and go to shul on Shabbat and you are invited to someone’s house for lunch. One should assume, unless he has reason to think otherwise, that the person inviting him keeps kosher, as religious Jews have a hezkat kashrut. Certainly, if the rabbi invites you to his house you must assume this. The notion that is currently rampant, that we don’t trust a rav until we investigate him, is the exact opposite of what the tradition has always held. Rather, we are supposed to trust the rav unless we are given reason to think otherwise. Every rav, even a rav ha-machshir, has a hezkat kashrut and is assumed to be doing his job reliably.
To show how far this idiocy has gone, let me share something that happened a couple of years ago when I was visiting a city that shall remain nameless. Someone was eating with us and mentioned that he was going to be travelling to Elizabeth, New Jersey. He asked me if I knew about kosher food in the area. I told him that Elizabeth has a very nice Jewish community, with plenty of kosher food. He then asked who gave the hashgachah, and I replied that it is Rabbi Teitz. The man wasn’t happy with my answer, which troubled me since I had never heard of anyone question R. Teitz. In fact, in speaking to him it was apparent that he had never even heard of R. Teitz. Yet he announced for everyone that his family would have to avoid visiting any of the kosher eateries when he was in Elizabeth. I was really shocked and I asked him, “Why? What is wrong with R. Teitz?” I further asked him where he thinks the people he will be visiting in Elizabeth get their food. Yet he would only reply: “We only eat at places under the supervision of a Vaad.” I told him that I didn’t think that there was a Vaad in Elizabeth, and why in any case does he need a Vaad? A Vaad might be a good idea from a practical standpoint, in order to create one communal standard, yet there is nothing in the Shulhan Arukh about a Vaad, and R. Teitz is as reliable as anyone. Yet all I got from him was the same nonsense about how without a Vaad a hashgachah cannot be trusted. (I never asked him what he would do in a one-rabbi town.)
[11] Afarkasta de-Anya, vol. 1, no. 165:3. While Sperber later became a mainstream haredi posek, in his youth he was also exposed to Haskalah. See Joseph Ibn Kaspi, Asarah Kelei Kesef ed. Last (Pressburg, 1903), vol. 2, pp. 190ff. (Hebrewbooks.org for some reason splits up Asarah Kelei Kesef into separate volumes. If you search hebrewbooks.org under נקדות כסף you will find the Sperber letters.) Sperber, p. 193, asks Last, when he publishes his letters, to describe him as a hasid. His reason is incredible:
נא לתארינו [צ”ל לתאריני] בשם “חסיד” והיה אם לא ייטבו דברי בעיניהם ידינני לכ”ז, ויאמרו כי חסיד הוא וחכמה מה לו, ואם אולי ימצאו דברי נכונים, אז ירומם שם חסיד תחת לשונם ויאמרו הגם חסיד יודע ומבין דבר.
[12] See Gastwirt, Fraud, p. 93. Cf. Jenna Weissman Joselit, New York’s Jewish Jews (Bloomington, 1990), p. 62, regarding R. Moses Z. Margolies and his kashrut battles: “Determined to teach the Ramaz a lesson, a band of disgruntled butchers alledgedly banded together to poison the meat at his daughter’s wedding supper, sickening some 2000 guests, including the bride.” During his great dispute with R. Shalom Elhanan Jaffe, R. Gavriel Zev Margulies was physically attacked by shohatim who supported Jaffe. See Gastwirt, Fraud, p. 121.
[13] Since I mention Jacobs, I must also note the following. In a recent AJS Review (vol. 32, 2008), pp. 450-452, I reviewed Miri Freud-Kandel’s history of Orthodox Judaism in Britain. I mentioned the “Jacob’s Affair” and there is a note explaining what this was.
“The term ‘Jacobs Affair’ refers to the controversy surrounding the potential appointment of Rabbi Louis Jacobs as chief rabbi of England. In 1961, Rabbi Louis Jacobs, z”l, was nominated as the principal of Jews’ College, a position considered a potential way station for the chief rabbinate of the British Commonwealth. That appointment, however, was blocked by the then-chief rabbi Israel Brodie because of his published views. Brodie then prohibited Louis from returning to his post at the New West End synagogue in London, upon which a new congregation was established for him.”
This was added by the editor. I never would have referred to Jacobs as “Louis.” I have, incidentally, many letters from Jacobs that I hope to publish. Although we only met three times, we corresponded for almost twenty years. Only now do I realize how lucky I was, that this world-renowned scholar took the time from his busy life to correspond with a young student, especially a student who had no compunctions telling Jacobs when he disagreed with him. Occasionally, I would send Jacob’s material that I thought would interest him. One time I sent him R. Joseph Messas’ Mayim Hayim, and was surprised to later see that he cited this work in Beyond Reasonable Doubt (London, 1999), pp. 216-217. He showed great insight in describing Messas as follows: “As is evident from his responsa, Mashash, for a rabbi of the old school, was something of a modernist. But his historical sense was sufficiently acute not to allow him to read modern ideas into the sayings of the ancient rabbis.” I also sent him Haym Soloveitchik’s famous article, “Religious Law and Change,” AJS Review 12 (1987), pp. 203-221, which surprisingly he had never seen. When A Tree of Life was reprinted in 2000, he added a new introduction and cited this article as further support for the thesis of his book.
Regarding editors adding material to an author’s work without asking, see the recent comment by Haym Soloveitchik in “Mishneh Torah: Polemic and Art,” in Jay M. Harris, ed., Maimonides After 800 Years (Cambridge, 2007), p. 333 n. 25. (This is a truly wonderful article.) In referring to an entry he wrote for the Oxford Dictionary of the Jewish Religion, Soloveitchik notes: “The editors, wishing to improve upon my scant bibliography, added Shemuel Argaman, The Captivity of the Maharam: A Narrative of the Events Surrounding the Arrest and Captivity of the Maharam of Rothenburg (New York, 1990)—a children’s storybook published by the Lakewood Heder.”
[14] See here. This source does not give the book and page no. that is excerpted: It is Av be-Hokhmah (New York, 1927), pp. 85-86.
[15] R. Moshe Zvi Berger, “Av le-Hakhamim: Ha-Gaon R. Avraham Aharon Yudelevitz,” Yeshurun 2 (1997)), pp. 686-691.
[16] For an example from the most recent volume, see Yeshurun 21 (Nisan 5769) p. 417, where in discussing “Ha-Gaon R. Moses Aaron Poleyeff” we are told that he שימש אז כראש ישיבה באחד מהישיבות שבאמריקה. If this was someone who taught at RIETS for a short period of time, I might understand it, but Poleyeff spent his entire adult life teaching there. (He began teaching at RIETS in 1920.) He was also widely regarded as Yeshiva’s most beloved teacher. Poleyeff, more than anyone else, would be offended at this attempt to “kasher” him by hiding the fact that he taught at RIETS. (An outstanding talmid hakham recently commented to me that in his opinion Poleyeff was a greater lamdan than R. Moshe Feinstein!)
[17] I found the picture here.
[18] R. Michel Shurkin, Meged Giv’ot Olam ( Jerusalem, 2005), vol. 2, p. 23. He also quotes R. Leib Malin as saying that it is not good to be an illui.
[19] Eliezer Brodt called my attention to the fact that R. David Luria offered this reason as well. See Dov Eliach, Ha-Gaon (Jerusalem, 2002), vol. 3, p. 1286.
[20] See Dayan I. Grunfeld, The Dietary Laws (London, 1972), vol. 2, pp. 180-181
[21] R. Yitzhak Yosef, in his new work, Einei Yitzhak (Jerusalem, 2009), vol. 3, p. 439, also accepts this methodological rule.
[22] Keneset Hayyim (Jerusalem, 1993), pp. 9-12. See also Isadore Twersky, Rabad of Posquieres (Cambridge, 1962), pp. 175-176.
[23] In the recently published Kol Brisk (Jerusalem, 2009), p. 20, it refers to R. Hayyim delivering words of Mussar on Shabat Shuvah. Gulevsky strongly denies this. The most that he would acknowledge is that perhaps in his first year or two he gave derashot, but never after that. (R. Chaim’s and the Brisker Rav’s way of “rabbinating” did not find favor in the eyes of all of Brisk’s citizens, ואכמ”ל.) In general, there are historical points in this book that are doubtful, leading me to question its reliability in such matters. Even if the historical information came from R. Aaron Soloveichik, it was not uncommon for R. Aaron to err in such matters, and again אכמ”ל. (Kol Brisk is authored by one of R. Aaron Soloveichik’s son. He doesn’t give his name on the title page so I will respect this.)
Let me give one example of the questionable material in this book. On p. 33 there is a whole story, seemingly legendary, to explain how R. David Feinsten, R. Moshe’s father, received the name Feinstein, since the family’s original name was not this. Yet in the introduction to vol. 8 of Iggerot Moshe, p. 6, the children of R. Moshe state that Feinstein was indeed the family name.
Perhaps in another post I will return to this book, as it has a number of what are certain to be controversial statements. For example, on p. 656 it blasts the OU for naming its Israel center after someone who, we are told, caused R. Aaron Soloveichik so much trouble:
בפעולה זו הם מבזים גדול בתורה שכל ימיו הרביץ תורה לאלפים.
[24] See Naftali Hertz Wessely, Yein ha-Levanon (Rishon le-Tzion, 2003), p. 28.
[25] Regarding R. Shneur, a recent article in Ha-Ma’ayan reveals that in the mid-1940’s he was involved in founding the first yeshiva in Palestine that taught secular studies. See R. Yoel Amital, “Sabi ha-Rav Zvi Yehudah Meltzer,” Ha-Ma’ayan 49 (Tamuz, 5769), p. 66.
[26] See R. Menasheh Klein, Mishneh Halakhot, vol. 8, no. 128, vol. 15, no. 127 (responsum to Gulevsky; this last source quotes R. Moshe Feinstein as stating that there was also an eruv in Karlin, despite the fact that R. Yaakov of Karlin was the leading opponent of city eruvin). In his responsum to Gulevsky, Klein says some of the strangest things imaginable, which raise questions as to how he can be taken seriously as a posek in matters of eruvin. According to his calculations, and this is directly related to his halakhic understanding, in Second Temple days there were billions (!) of Jews in the Land of Israel, and roughly thirty million of them would descend on Jerusalem for the holidays. He concludes (vol. 15 p. 201):
והבוליווארדיס והמעטראפאליטין של קווינס וגרענד סענטאראל אף לא הגיעו לקרסולי ירושלים עיה”ק וזה לפענ”ד פשוט
In another responsum to Gulevsky dealing with eruvin (Mishneh Halakhot, vol. 8, no. 168), he says something equally strange:
גם מרן הח”ס נחשב מתלמידי בעש”ט שהי’ תלמיד מובהק של מרן בעל הפלאה
[27] Schachter, Nefesh ha-Rav, p. 170.
[28] R. Sternbuch adds:
ומאמר היה בפיו בשם אביו הגר”ח זצ”ל, “קשה למצוא עירוב כשר וקשה למצוא מקוה פסול”, וכוונתו שבעירוב נכנסים לדחוקים ומכשירים, ובמקוה אף שמדינא יש להקל מחמירים.
[29] Ha-Pardes (January, 1979), p. 26.



The Writings of R. Hayyim Dov Ber Gulevsky – Part I

The Writings of R. Hayyim Dov Ber Gulevsky – Part I
By
Marc B. Shapiro
             
In honor of Dan Rabinowitz, in appreciation of his commitment to the free and open exchange of ideas.
In a previous post I mentioned the new writings of R. Kook and also the works of R. Hayyim Dov Ber Gulevsky. I would like to speak about both of them before returning to my discussions of Judaism and Christianity.
 
Let me begin with R. Gulevsky, who obviously is not as well known as R. Kook, although he does have his own important yichus. He was born in Brisk where his grandfather was the famous R. Simcha Zelig Rieger, who served as dayan in the city. (Professor Sara Regeuer of Brooklyn College is also a descendant.) R. Simcha Zelig was descended from R. Hayyim of Volozhin’s brother, R. Simcha, for whom Gulevsky’s grandfather was named. Gulevsky is also descended from R. Hayyim of Volozhin.[1] A picture of the young Gulevsky and R. Simcha Zelig is found in the recently published Iggerot Maran ha-Griz, p. 174.
 
Stories of R. Simcha Zelig’s relationship with R. Hayyim Soloveitchik and R. Velvel are legendary. While R. Hayyim and R. Velvel focused on theoretical Torah study, R. Simcha Zelig was an expert in practical halakhah. It was because of this that R. Hayyim brought him from Volozhin to Brisk. Unfortunately, his many responsa were lost during the Holocaust, in which he was also killed. One interesting point about R. Hayyim and R. Simcha Zelig is that neither of them wore rabbinic garb. Here is a painting of both of them (made from famous pictures) found in Gulevsky’s home.

Gulevsky’s parents were also killed in the Holocaust, as was the rest of the city of Brisk. Fortunately, he was not there when the Nazis arrived, and was able to make it to Japan with R. Aaron Kotler and around fourteen other Kletzk students, where he spent the war years. (Before studying in Kletzk, Gulevsky was in Kaminetz.) On the slow journey by train across the Soviet Union, four people slept in a compartment, and Gulevsky shared one with R. Aaron and his wife and daughter. He is also mentioned in one of the letters R. Aaron sent from America to the Kletzk students in Shanghai.[2] Following the War Gulevsky came to the United States where he studied in Lakewood. One can hear his recollections (in Yiddish) of R. Aaron Kotler here. For his eulogy of R. Aaron, see Ha-Darom (Nisan 5723), pp. 40-42.
Gulevsky taught at Yeshiva University’s Teacher’s Institute for a number of years, as well as at the religious Zionist Bachad (Berit Halutzim Datiyim) school in Jamesburg, N. J. This school existed in the early 1950’s and combined Torah study with preparation for agricultural settlement in the Land of Israel (hachsharah). Incredible as it sounds, Gulevsky might be the only living native of Brisk in the United States who was part of the city’s Torah community. (I am not referring to those who left Brisk as children and have no real memories of it. In Israel some of the children of R. Velvel are still alive, and R. Aharon Leib Steinman was born in Brisk.)
 
Here he is, in a picture that could be used if anyone wants to make a gadol card.

Here he is with the indefatigable Menachem Butler.

Gulevsky’s writings are quite interesting and reveal information not found elsewhere. Before looking at them, however, I should note that some readers might recognize his name, without knowing who he is. He is the rav ha-machshir on two Indian vegetarian restaurants in Manhattan, Madras Mahal and Chennai. I first ate at Madras Mahal not too long ago, at a surprise birthday party for Sharon Flatto. Sharon is a professor at Brooklyn College whose doctoral dissertation on R. Yehezkel Landau, the Noda bi-Yehuda, will soon be published by my favorite press, Littman Library.[3]
 
She is married to my good friend, Rabbi Ysoscher Katz, who teaches at Yeshivat Chovevei Torah. I believe R. Ysoscher has the distinction of being the youngest maggid shiur ever to complete the daf yomi cycle. This happened a number of years ago when he “said the daf” at the Agudas Yisrael shul in Boro Park. This was also the largest daf yomi in the country, with some seventy-five people in attendance. He took over the shiur of R. Simcha Elberg, who taught it for many years. Although R. Ysoscher no longer teaches there, the shiur continues and I am told that it is the longest running daf yomi in the country.
 
Returning to Gulevsky, over the years he has published a good deal, and much of his writings have been collected into two volumes. Here are the title pages of these books.

Although not noted on the title page, included in the Arba’ah Sefarim Niftanim is his Lahat Herev ha-Mithapekhet, first published in 1976. Here is the title page.

This volume is significant as it the first detailed defense of R. Hayyim Soloveitchik against the criticisms of the Chazon Ish. As should be expected from one who grew up in Brisk and whose family is so connected to the Soloveitchiks, Gulevsky views the defense of R. Hayyim as a holy task. However, I wonder if there any truth to the following statement he makes:
והנה בשלהי קיץ שנת תשל”ה, שמוע שמעתי שיצאו אנשים בלתי הגונים, ולא שמעו לקול הורים ומורים, ולמשפחת הגאון החסיד צדיק יסוד עולם בעל החזון איש, והוציאו במרמה נגד רצונם את ההשגות שהחסיד הנ”ל רשם על ספר חדושי רבינו חיים הלוי והדפיסו את זה יחד עם הספר חדושי רבינו חיים הלוי.
Even if it is true that the Chazon Ish never intended to publish his notes, is that any reason for them not to be printed? Didn’t the Netziv tell the Wuerzberger Rav’s son not to pay attention to his father’s wish that his writings not be published, since the Torah thoughts that he developed were not to be regarded as his personal possession to the extent that he could prevent others from studying what he wrote?[4] Furthermore, is there any evidence that the Chazon Ish was opposed to his criticism of R. Hayyim appearing in print? (The selections of the Chazon Ish’s Emunah u-Bitahon that were embargoed for so long are now widely available, and are even included [but not translated] in the new translation of the book that just appeared.)
 
The problem confronting anyone who studies the Chazon Ish’s life is that there are so many contradictory stories about him and what he said that one must be skeptical of much of what is reported. For example, how many different versions are there of the famous meeting between him and Ben Gurion, with some even describing how he never looked directly at Ben Gurion so as not to state at the face of a wicked one? Yet in all the descriptions of the meeting it never mentioned that the only people in attendance were Ben Gurion, Chazon Ish, and Yitzhak Navon. In other words, many of the descriptions of what was said are based on wishful thinking and fantasies, and no doubt there are some intentional falsifications as well. For Navon’s recollection of the meeting, see Binyamin Brown’s doctoral dissertation,[5] appendix, pp. 1-5.
 
In my last post, I mentioned Gulevsky’s negative comments about Samuel Belkin. I have to say that, unfortunately, one also finds passages in his writings that are disrespectful of gedolim. For example, although Gulevsky sometimes refers to R. Kook as a gaon, elsewhere, in his discussion of shemitah, he writes as follows (Shabbat Shabbaton, p. 100):
 
והנה החכם קוק כאשר יצא להוריד קדושת דברי קבלה (כדי שזה יעזור לו להוריד החשיבות של המצוות שקבלו בשטר האמנה, שנאמרו בנחמיה).
R. Goren gets even harsher treatment (Mi-Meged Givot Olam, p. 285):
ההגהה הזאת קץ וסוף לקונטרס מהדורא קמא סתירת ההיתר של הגאון החסיד גדול הקבלה מרן נפתלי הירץ מיפו. תחילה וראש לקונטרס על קדושת הר הבית והמקדש בזמן הזה. ולהבדיל רבבות ומליונים הבדלות בין איש קדוש וטהור מיפו, ובין משוקץ ומתועב נשמה טמאה במ”ט פעם מ”ט שערי טומאה וזוהמא הצנחן והצחנן ר”ל.
R. Moshe Feinstein also does not escape unscathed (Mi-Mekor Yisrael, p. 58):
ומפני שרב ישיש אחד פה במדינה הזאת שגה ברואה ופרץ גדרו של עולם להבדיל בין ישראל לעמים מפני שאינו יודע להבדיל וכו’. ורצה להתיר להזריע זרע נכרים ברחם רחמתים בנותיו של אברהם אבינו ר”ל.
Gulevsky’s writings are full of points of historical interest, especially about the teachings of his grandfather. Just to give some examples, he reports that his grandfather refused to void the herem of R. Gershom even when dealing with a moredet, as long as all that was required to get her to agree to a divorce was a significant monetary payment (Shabbat Shabbaton, p. 294).
 
In Shabbat Shabbaton, p. 307, he tells us that the great rabbis of Brisk, from early days, were supporters of Torah im Derekh Eretz, not of the Hirschian variety, but that people should work for a living. They didn’t like the kollel system in Eretz Yisrael where everyone was supported by charity, as it led to corruption and thievery.
 
In an article on Hasidic shehitah[6] he tells us that that last two shohetim in Brisk (appointed by his grandfather) were hasidim. One was a follower of the Kotzker and the other was a Lubavitcher. Yet they were obligated to follow R. Simcha Zelig’s instructions. He also writes as follows, with reference to an earlier era:
בבריסק דליטא שחטו רק בשני צדדים. וזה היה אחת מהסיבות שחסידי קוצק יצאו במחלוקת נגד בעל בית הלוי. הלכו ועשו סעודה בעיר טערעספוליע מעבר לנהר בוג, ובגאוה וגאון לקחו שוחט מביאלא ששחט עם חלף מצד אחד ועשו סעודה גדולה. וכבר נדפס בהרבה מקומות, ואני בעצמי שמעתי את זה מהגרי”ז רבה האחרון בריסק דליטא, שכאשר התחילו לברך שיר המעלות לפני ברכת המזון, בא רץ מיוחד על סוס שנתחלפו הבשר וזה היתה טריפה.
With regard to hasidim, it is quite unusual that a Litvak like Gulevsky has such knowledge of the hasidic world and its personalities. A number of his articles dealing with the Ruzhin dynasty have appeared in the journal Mesilot. As with most such studies, there is a great deal of oral history (including from R. Abraham Joshua Heschel, the Kapitchenetzer Rebbe,[7] and R. Yohanan Perlow, the Karlin-Stolin Rebbe.[8]).
Gulevsky states that R Simcha Zelig ruled that if a child has a fever of 39 degrees Celsius (which equals 102.2 degrees Fahrenheit) one should immediately violate Shabbat to do whatever needs to be done (Nishmat Hayyim, p. 60). This is very much in line with how R. Hayyim ruled in similar cases. The Rav himself told the following story: As a child he was visiting R. Hayyim and on Friday night there was a problem with his throat. A doctor was summoned and little Joseph Baer opened his mouth. R. Hayyim asked the doctor if he needed more light to see better. The doctor replied “that is not a bad idea.” Immediately R. Hayyim ordered the Rav’s father, R. Moshe, to raise the flame on the light. R. Moshe hesitated. After all, it was Shabbat and the doctor didn’t actually say that he needed more light. R. Hayyim turned to R. Simcha Zelig and said, about R. Moshe, “He is an am ha-aretz.” R. Hayyim asked R. Simcha Zelig to turn up the flame, and he did so without hesitation.[9]
Gulevsky also tells the following story of his grandfather and R. Velvel (Nishmat Hayyim, p. 144):
זכורני שאאזמו”ר הגאון החסיד קדוש ישראל אביר הרועים בכל גלילותינו ועמוד ההראה מרן שמחה זליג זצוק”ל הי”ד היה מספר, שהרופא ומנתח המפורסם דר. אהרן סאלובייציג שאל את רבינו הגדול מרן אור החיים מבריסק דליטא, כיצד מותר לאכול כל הדברים החמוצים כחלב חמוץ וחומץ, הלוא ידוע שתהליך של החמצה, זהו על ידי תולעים שקצים ורמשים שרואים אותם במיקרוסקופ. והשיב לו רבינו הגדול שהתורה אסרה רק שקצים ורמשים שנראים בעינים. ואאזמו”ר זצוק”ל הי”ד הוסיף באותו מעמד, שאסור להתחשב במראות דמים עם המיקרוסקופ, והסכים לזה רבינו הגדול. שוב זכורני שמרן הגרי”ז הלוי הביא מיקרוסקופ עם מודד, שמדדו את הרבוע של תפילין. הגרי”ז שאל את אאזמו”ר זצוק”ל הי”ד מה דעתו על זה. והשיב לו אאזמו”ר זצוק”ל הי”ד שרבוע של תפילין צריך להיות נראה לעינים, ומה שפחות מזה אינו מעלה ואינו מוריד.
Let me quote at length the following, which is also mentioned by the Rav. Interestingly, the Rav is more sympathetic to the gedolim who opposed R. Hayyim. He states that “from a political and practical perspective, and as an emergency measure, no doubt the majority was correct.”[10] Gulevsky completely disagrees with this evaluation. Also, notice how the Habad rabbi responded to R. Hayyim – how times have changed! (Mi-Mekor Yisrael, p. 33):
ושמעתי מאאזמו”ר הגאון החסיד זצוק”ל הי”ד, שבשנת תר”ע באסיפה הגדולה שהיתה בעיר הבירה פטרבורג, שר הפנים הרוסי רצה שהיהודים יתקנו תקנות לעצמם. ועמדה שאלה על הפרק שרצו לתקן מי שלא נמול בין שאביו לא מל אותו ובין שהוא לא מל את עצמו, שאינו שייך לעם ישראל ואסור לקבור אותו בקבר ישראל. והרבה מגדולי ישראל (ואני חושב שהיום פשוט חרפה ובושה להזכיר את שמם, כי זו היתה מזימה מהממשלה הרוסית, ששכבה הקטנה של המתבוללים ביותר, והרבה מהם היו אינטלקטואלים, שפשוט ימירו את דתם כי אין להם בית הקברות בין היהודים. אולם רבינו הגדול שהיה חכם החכמים ונבון הנבונים עמד על זה גם מצד ההלכה וגם מצד פקחות) תמכו בזה. ורבינו הגדול לחם נגדם כארי, ולא נתן בשום אופן לבצע את זה. ואחד מרבני חב”ד טען לרבינו הגדול הלא הערלים רובם דרובם מחללי שבתות בפרהסיא ודינם כנכרים בין כה ובין כה. והשיב לו רבינו הגדול במקרה שמחללי שבתות בפרהסיא רוצים להמיר את דתם או שמסיתים למחללי שבתות להמיר את דתם, אנחנו חייבים למסור את נפשנו כדי למנוע את זה. ודבריו פשוטים שמחלל שבתות בפרהסיא עוד אינו מומר לכל דיני תורה, וכן מין גמור וכופר בעיקר ר”ל.

              והנה לפני מלחמת העולם השניה ראש הבונדיסטים בפולין מר וו. א. שם רשעים ירקב, התחתן עם יהודיה נתינת צרפת ולא רצה למול את בנו והקהילה קדושה בווארשא לחמו בכל כוחותיהם שלא להכיר בבן הערל כחלק מהקהל היהודית, והטעם שפחדו שמאות בונדיסטים חס ושלום יפסיקו למול את בניהו. . . והשיב לו אאזמו”ר זצוק”ל הי”ד, שאנחנו חייבים למסור את נפשנו גם בזה שמינים וכופרים בעיקר לא יפסיקו חס ושלום למול את בניהם.
Here is his description of Shanghai, which I don’t think will appear in any of the popular histories designed to appeal to the haredi world (Perah Shoshanah Adumah, p. 186):
ובשנות ראינו רעה בזמן המלחמה, בני הישיבות נצלו ממות ר”ל, על ידי שהוגלו בדיוטא התחתונה של הטומאה בגלות שאנגחיי ר”ל. עיר הזאת היתה שיא וראש הפסגה של ניאוף וטומאה ר”ל. ובכלל לא היה שם חוקי משפחה, בבחינת איש כל הישר בעיניו יעשה. וזה כפי הנראה היה הגלות מכפרת עלינו ר”ל.
He then describes an unusual case that came up:
פעם אחת מאוחר בליל מוצאי שבת, לפתע פתאום, האמריקאים חדרו יותר מאלף וחמש מאות קילאמטר באויר, וזרקו פצצה חזקה מאד, והפציצו באי מעבר השני של הנהר, ונהרגו הרבה אנשים. אחד מהאברכים, שהיה תלמיד חכם, וזה היה אחרי חצות, היה עם אשתו לקיים מצוה עונה. הפצצה הזאת נפלה לפתע פתאום, והפציצה מחסן נשק עצום באי מעבר הנהר ממולנו. וכבין רגע נשמע התפוצצות איומה. מרוב פחד אשתו נעשית נדה מיד, והבעל התבלבל לגמרי, וכפי הנראה עבר באונס על עשה שבנדה, שפרש באבר מקושה ר”ל. אשתו מרוב פחד ומהרגשת האיסור התעלפה כמה פעמים. מחוגי הליטאים והרב מ”ר[11] שהיה מלפנים אב”ד דסיניי, פסק בפשיטות, שלא עברו על שום נדנוד איסור, כי אונס כזה ברור שרחמנא פטריה. אבל מחוגי הקבלה והחסידים, ראו בזה שירדנו לעומק הקליפה ר”ל בכל המשורים ח”ו.
There are lots of other interesting comments strewn throughout his book. For example, in Shabbat Shabbaton, p. 110, he characterizes R. Ben Zion Sternfeld of Bielsk as הפוסק הזקן בכל מדינת ליטא. I believe that this is an exaggeration, but I call attention to it since I daresay that most people, including those who have learnt for many years in yeshiva, have never even heard of R. Ben Zion. This is a good example of how great figures in one era can become unknowns in a future generation. Rare indeed is the scholar whose books are still studied one hundred years after his death. As to R. Ben Zion, in a German article by R. Jehiel Jacob Weinberg he records a conversation he had with him. This article has not yet appeared in English (or Hebrew) and translating it is one of my future projects. (For another example of how a great scholar can be forgotten, I vividly recall how I once mentioned R. Joseph Zechariah Stern to my havruta, a man who had learnt for many years in Lakewood. He had never heard of Stern, and because he never heard of him, he simply did not believe me when I told him that Stern wasn’t some average rabbi, and not even a “regular” gadol. Rather, he should be regarded as a gadol she-bi-gedolim.)

When reading Gulevsky I often wonder whom he thinks he is writing for when he goes off on his historical tangents. For example, how many people today really care that R. Abraham Bornstein of Sochachev (the Avnei Nezer) שנא בתכלית the rabbi of Radom (Shabbat Shabbaton, p. 136). In Shabbat Shabbaton, pp. 81-82, Gulevsky goes into detail about R. Jonathan Abelman. Abelman was another great scholar yet today who has even heard of him? He was a dayan in Bialystok and author of the responsa work Zikhron Yehonatan (Vilna 1905). Tragically, he died at the age of 49 in 1903. He was also among those who defended the halakhic permissibility of the heter mekhirah. (See his Torat Yehonatan [Vilna, 1889]). Zikhron Yehonatan has a nice introduction where Abelman’s sons describe their father, and from this one would assume that he was a great talmid hakham, like so many similar talmidei hakhamim in Lithuania. (Incidentally, Abelman’s wife was R. Israel Salanter’s niece.) Zikhron Yehonatan was recently reprinted and the publisher informs us that the Chazon Ish “held of it,” as did R. Hayyim Shmulevitz who was an expert in the book.[12] So what could possibly be wrong about this great Torah scholar of a previous generation? Gulevsky tells us.
According to Gulevsky, Abelman served the maskilim and the rich people. Gulevsky even refers to him as השופר הגדול של הסטרא אחרא, and tells us that his house was a center for Haskalah and that daughters studied in Russian schools and even went to Berlin! (As far as I know, Gulevsky is the only source for all this, as well as for many of the other stories he tells, which obviously creates a problem of reliability. [More about this in part 2 of the post.] Yet in terms of Abelman having a “modern” house, this was not unique, even among the great rabbis. To give one example, R. Avraham Shapiro of Kovno also had a “modern” house, and because of this some of the yeshiva world looked upon him as a quasi-Maskil.)
 
Gulevsky then tells us about a Chabad chasid named Shabsai Berman from Bendery, Bessarabia, who was very rich and whose house was “a university in the full sense of the word.” Berman’s daughter married Abelman’s son (this is also mentioned in the introduction to Zikhron Yehonatan.) Another of Berman’s daughters married R. Menahem Mendel Chen, soon to become rav of Nezhin. The future rebbe, R. Joseph Isaac Schneersohn, was the shadchan. Chen is described as being the right-hand man of his rebbe, R. Shalom Dov Baer Schneersohn, and he was also close with R. Chaim Soloveitchik. See Moriah, Sivan-Tamuz 5732, p. 9. Unfortunately, he was killed in 1919 by members of the anti-Soviet White Army. See Bitaon Habad, Tamuz-Elul 5724, pp. 16ff. His grandson is R. David Zvi Hillman, whom we have discussed in the past (and will return to in the future).
 
Although Berman was Chabad, he was also a Zionist, and R. Yehudah Leib Fishman and Eliezer Steinman spent time with him in Bendery. Gulevsky writes:
למרות שרבי שבתי בערמאן היה “חבדנק” ובי”ט כסלו היו משתכרים הרבה, אבל “השלטון של ספרי כפירה היה גובר על התניא וליקוטי תורה”. בנו של רבי שבתי, משה ברמאן, עלה לארץ ישראל. אנשי מזרחי שמו אותו בין הקבלנים לבניני בתים . . . “זכה רבי שבתי ברמאן” שבנו היה ראש וראשון לבניני אוניברסיטה בר אילן. הי’ תומך ביד רחבה כל אנשי התיאטרו, והסופרים והכופרים של הסאראדים, למרות שרבי משה ברמאן היה נוסע לליובאוויץ הרבה פעמים, וגם פה אצל הריי”צ, גם משפחת אשתו מרבנים ואדמורי”ם גדולים. אבל רבי משה ברמאן רצה להיות קבור אצל החכם פ.ח. ושם קברו.
Who is פ.ח.? None other than Pinchas Churgin, first president of Bar-Ilan University. I love this sort of story, which reveals a past that would have remained lost forever, as I don’t think there is anyone else in the world who can tell us the things that Gulevsky’s books are full of. Gulevsky has obviously collected these stories since his youth, and unless I have reason to doubt them, I assume that what he tells us is fairly accurate. But I wonder, isn’t it a lot of “weariness of flesh” (Eccl. 12:12) on Gulevsky’s part to record all this? Other than me and a few others, does anyone really care? Since not many have even heard of Abelman, do even a handful want to hear about his mechutan, or his mechutan’s son and where he was buried. Gulevsky is no doubt reflecting controversies that were still in the air when he was growing up. Yet today when people see Abelman’s seforim they assume that he was just another one of the gedolim (which I am sure he was), without knowing anything about the controversies he was involved in, much like future generations will forget about most of the controversies we know well.
If you read on in Gulevsky you can see what I think is really driving him. When Abelman wrote about the status of shemitah in contemporary times, he disputed with the Beit ha-Levi.  The two of them actually had a back-and-forth on the topic, all of which is reprinted in the new edition of Torat Yehonatan, published in 2007. This, I believe, is Abelman’s great sin, since for Gulevsky Brisk and its rabbis are basically “untouchable.”
 
Despite Gulevsky’s strong criticism, it be must be noted that Abelman’s support for the heter mekhirah was really only theoretical. He made it clear that land in Eretz Yisrael can only be sold to a ger toshav, and Muslims don’t have this status (Torat Yehonatan, ch. 8). It was only after R. Yitzhak Elhanan ruled that the land could be sold to Muslims that Abelman backed off his contrary opinion. (ibid., end of ch. 10).
 
What about the Chazon Ish, who while opposed to the heter mekhirah nevertheless quoted from Abelman’s sefer and held it in high regard? To this, Gulevsky writes (p. 82):
מה עשה בעל חזון איש? הוא בתמימותו ובכנותו שלא ידע מה זה האיש הזה, ואיזה סם המות בסיר שלו ר”ל, שתה בעל חזון איש ממים המרים המאררים מים הרעים האלו. ובענותינו הרבים כמו שנותנים סוכריה או גלידה לתינוק והוא מלקק את זה ונהנה בתכלית ההנאה, כך בעונותינו הרבים נהנה בעל חזון איש “מסברותיו, מידיותיו ומלומדות” שלו, וברך ברכת הנהנין ר”ל. אולם תכלית הספר הזה להתרחק מן האמת . .  ושמעתי שהגאון המובהק רבי חיים הערץ אמר להתרחק ממנו [מאבעלמאן], וכן החסידים שבעירו התרחקו ממנו. ואם בארז הגדול נפלה שלהבת, עד כמה אנחנו צריכים להזהר ולההתרחק מדברי שקר ומאנשי שקר ר”ל.
             
Gulevsky’s allegiance to Brisk is seen in how he relates to the Rav. While Gulevsky can be harsh in his descriptions of Torah scholars with whom he disagrees, he describes the Rav in grandiose terms. See e.g., Du Yovlin, p. 36:
שמעתי מידיד נפשי וידיד אבותי קדישי עליון מרנא ורבנא יוסף דובער הלוי מבאסטאן שליט”א . . . עוד הסביר לי רב הונא ורב יהודה שבדורינו, מרן הגאון האדיר גאון הגאונים מבאסטאן שליט”א . . . רוב רובם של הדברים האלו שמעתי מרב רבנן הגאון המובהק והמופלג בחכמה ותבונה ודעת הגאון שליט”א מבאסטאן.
Let me give another example of the arcane stuff Gulevsky writes about. While reading it, ask yourself who, today, knows enough about the Lithuanian Torah world that he can make sense of the following story that Gulevsky tells in the name of his grandfather? Supposedly, the Netziv said as follows to R. Simcha Zelig (Shabbat Shabbaton, p. 79):
אחד מהתלמידים הקרובים אלי שלחמו במסירת נפש וכו’, היה הרב מהעיר ט. ראיתי עכשיו את הקונטרס שלו בספר עדות ביהוסף בענין תרומות ומעשרות בזמן הזה שהדפיס לפני עשרים שנה, ונעשה לי ממש שחור בעינים, באיזה קלות ראש הוא מביא ראיות שכל הראשונים סוברים כהרמב”ם שתרומות ומעשרות אפילו בזמן עזרא היו מדרבנן. איך שהוא מפרש דברי רבי יוסי וכו’. עיינתי בקונטרסים אחרים, ונעשה לי שחור ר”ל. אחר כן אמר לכן זה לחתן וכו’. השיב לו אאמו”ז החתן שלו בטח יביא כל מיני ראיות על השמיטה בעוד שנה ושליש, שזה היתר גמור.
In this case Gulevsky makes it easier to break his code because he gives us the name of a book. The author is R. Joseph Raisin who was rav of ט, namely, Telz, and the kuntres referred to appears as responsum no. 14. His son-in-law was none other than R. Isaac Jacob Reines. There is something quite strange about speaking in this sort of code about events that happened at least one hundred twenty years ago, and yet throughout Gulevsky’s writings one find similar things, a number of which I haven’t been able to figure out. The only way I could decipher this story was because he gives the name of the book, but he often isn’t so generous in dropping clues.
 
Here is another example from Shabbat Shabbaton, p. 74. In speaking about the first heter mekhirah (and speaking very negatively about it!) Gulevsky describes how the rav of Bialystok (R. Samuel Mohilever) organized it:
ועכשיו נבוא לרב השני שכתבנו לעיל, שנפל בפח בידי הרב מביאליסטאק. הרב ש.ז.ק. היה עילוי עצום, והיה תלמיד מובהק של בעל זית רענן. אחרי זה מטעם הנגידים העשירים נעשה מו”צ בווארשא. ובגלל זה הוא נעשה המנהיג ולא הרבה אחרים שהיו גדולים וטובים ממנו בכל המסורים. . . . הבית של המו”צ ש.ז.ק. היה מודערני מאד, עם העינים אל תרבות פוילן וגם גרמנית, לרבות תרבות הרוסית.
How many people today will know that this refers to R. Samuel Zanvil Klepfish. How many people have even heard of Klepfish? Would it have been so terrible to spell out the name? As for Gulevsky’s criticism of Klepfish for being too “modern,” let me simply remind him to open up the beginning of the Mishneh Berurah, because there one will find a haskamah from Klepfish. If he was good enough for the Chafetz Chaim, I think he should be good enough for all of us.
 
On the same page Gulevsky tells a story he heard from R. Chaim Heller that elaborates on how the heter mekhirah,, later signed by R. Yitzhak Elhanan, came about. One point added by Gulevsky, which I don’t know if it is true, is that R. Yitzchak Elhanan insisted that the heter not be made public until the sages of the Land of Israel were consulted. Yet this condition was not kept, and as soon as the heter was signed by four gedolim, with R. Yitzhak Elhanan the most significant, the heter was publicized. Gulevsky notes that after the heter was made public, R. Yitzhak Elhanan refused to discuss his reasoning with other gedolim or debate his decision. In Gulevsky’s words:
הוא פשוט לא השיב כלום, ולא רצה לדון בזה כלל עם שום אדם בעולם. כמעט אותו הדבר עשה הגאון רשכבה”ג מקוטנא, וזה צועק עד לשמים דורשני.
Gulevsky assumes, and I think he is correct, that two particular points in the reports R. Yitzhak Elhanan got from those who supported the heter moved him. 1) The rabbis in Jerusalem who opposed the heter had little concern with the farmers and the difficulties they faced. 2). These rabbis, who were supported by donations from the Diaspora, felt threatened by the creation of the settlements, and as such were nogea be-davar and could not deal with the halakhic issues of the heter mekhirah in a fair manner.
 
One question that a number of people have asked is why R. Yitzhak Elhanan never published his responsum in support of the heter. (This responsum, referred to as a kuntres by R. Yitzhak Elhanan, is mentioned in his letter to Abelman, Torat Yehonatan, end of ch. 10) The answer is found in a letter from R. Jehiel Jacob Weinberg to R. Yitzhak Unna. This letter deals with R. Hayyim Ozer’s pressure on Weinberg not to publish his lenient opinion regarding stunning animals before shehitah.[13] (The letter appears in my doctoral dissertation, p. 307):
במשך הדברים אמר לי שאין לי להדפיס את קונטרסי הנ”ל כדי שלא ילמדו מתוכו להתיר, וסיפר לי שהגאון ר’ יצחק אלחנן ז”ל כשכתב בשעתו תשובה ארוכה ע”ד ההיתר לחרוש ולזרוע בשביעית בא”י ע”י מכירה לעכו”ם לא הכניס תשובתו זו בספרו שו”ת שפירסם אח”כ בדפוס.
In other words, R. Yitzhak Elhanan’s heter was an emergency measure, designed for that time alone. If he put it in his volume of responsa it would have assumed a more permanent significance, and he wished to avoid this. Along these lines Gulevsky states (p. 75):
חז”ל הקדושים אמרו איזהו חכם הרואה את הנולד. ההיתר הזה, שבפירוש חכמי ירושלים פה אחד התנגדו לזה במסירת נפש, ומהיתר “חד פעמי” משתמשים בהיתר אחרי שממדינת ישראל מוכרים חקלאות תבואות ופירות מאות מיליונים דולרים לשנה. מי יגלה עפר מעיניכם רבינו יצחק אלחנן ורבינו י’ מקוטנא וכו’, מי ראה את הנולד, חכמי ירושלים ובריסק וואלאזשין וכו’ ראו את הנולד.
In discussing the heter mekhirah, Gulevsky apparently believes that he has a form of clairvoyance. Thus, he writes as follows in Shabbat Shabbaton, p. 115:
ואין שום ספק בדבר [!], שבגלל שמיפו פתחה הרעה להתיר חניה לנכרים ר”ל, משם פתחה הרעה עם פוגרומים עצומים ר”ל, “מגרי תושב” של החכם קוק, ומפני שהוציאו קול על בעל שמן המור שהתיר בחברון וכו’, “זכינו בשנת תרפ”ט לשחיטת ‘גרי תושב’ ששחטו יהודים בחברון” ר”ל.
With regard to shemitah and R. Shlomo Zalman Auerbach, there has been a lot written recently, including on this blog, because there is now an attempt to entirely rewrite the history of R. Shlomo Zalman’s relationship to the heter mekhirah. Gulevsky, however, sees matters clearly when he writes, Shabbat Shabbaton, p. 124, that according to R. Shlomo Zalman:
דברי הגאון קוק והגאון פראנק “כמו ששאלו באורים ותומים”.

[1] For more on his genealogy see his “Al Toldot ha-Gaon Ba’al Semikhat Hakhamim,” Beit Aharon ve-Yisrael (Tamuz 5765), p. 168.
[2] A. Bernstein, et al., eds., Yeshivat Mir: ha-Zerihah be-Faʾatei Kedem (Bnei Brak, 1999), vol. 2, p. 609. All information about Gulevsky’s life for which no source is given comes from Gulevsky himself. When he was in Japan, before travelling to Shanghai, Gulevsky followed his grandfather’s pesak and observed Shabbat on Sunday while on Saturday he avoided melakhot de-oraita.
[3] See here.
[4] Meshiv Davar, vol. 1, no. 24.
[5] “Ha-Hazon Ish: Halakhah Emunah ve-Hevrah bi-Pesakav ha-Boltim be-Eretz Yisrael (5693-5714),” (Hebrew University, 2003). The title does not reflect all that is in this work, which will be a real blockbuster when it finally appears in print.
[6] Yagdil Torah (5741), pp. 114-117.
[7] See “Ke-Tzet ha-Shemesh bi-Gevurato,” Mesilot, Nisan 5758, pp. 13ff.
[8] See “Hityahasuto shel ha-Saba Kadisha Me-Ruzhin la-Memshalto shel ha-Czar Nikolai ha-Rishon (2),” Mesilot, Nisan-Iyar 5758), pp. 30ff.
[9] R. Herschel Schachter, Nefesh ha-Rav (Jerusalem, 1994), p. 27.
[10] Halakhic Man, tr. Lawrence Kaplan (Philadelphia, 1983), p. 90.
[11] This is R. Mordechai Rogov, who would later teach in Skokie.
[12] See here
[13] Regarding this issue, R. Herschel Schachter writes as follows (Mi-Peninei ha-Rav [Brooklyn, 2001], p. 151):
בנידון הימים הבהמות קודם השחיטה, אשר האריך בזה טובא בחלק א’ משו”ת שרידי אש, ויש שמה תשובות מכמה מגדולי ישראל, שאלו פעם את רבנו האם דיבר אתו הגרי”י וויינברג, ז”ל, בזה, כי הלא באותה בתקופה היה רבנו בברלין, והשיב רבנו שבודאי דיברו יחד בנושה הזה, ושזאת היתה העצה שלו להגרי”י וויינברג, שהוא צריך לקבל הסכמת גדולי ישראל מכל המקומות בכל מאי דאפשר, כי דבר שכזה אי אפשר להניחו לכל רב עיר ומורה הוראה לפסוק לעצמו לקהילתו, כי השאלה כל כך גדולה היא, היא נוגעת לכלל ישראל כולו בבת אחת (שמעתי)
This type of report (שמעתי) that R. Schachter sometimes depends upon is often very unreliable. In this case, it is absolutely false. The Rav left Berlin before the Nazis came to power and before Weinberg or anyone else could even imagine that shehitah would be banned.




David Berger A Brief Response To Marc B. Shapiro

A Brief Response To Marc B. Shapiro by David Berger In response to Prof. Marc B. Shapiro's recent comments in, "Thoughts on Confrontation & Sundry Matters Part II," Prof. David Berger, submitted the following response to readers of the Tradition-Seforim blog. For the recently-published paperback edition of his book on Lubavitch messianism, which follows the Hebrew translation of his book — see David Berger,HaRebbe Melekh HaMashiach, Sah'aruriyyat ha-Adishut, ve-ha-Iyyum al Emunat Yisrael (Jerusalem: Urim Publications, 2005) — and which includes a new introduction where he responds to earlier criticisms of the book, see David Berger, The Rebbe, the Messiah, and the Scandal of Orthodox Indifference, With a new Introduction  (Oxford: The Littman Library of Jewish Civilization, 2008).

This is his first contribution to the Tradition Seforim blog.

Since I've written an entire book about Chabad messianism, there is little point in my rehearsing the arguments here in truncated form.  I will make just two brief observations.

First, Prof. Shapiro writes, "Unlike Professor David Berger, it doesn't overly concern me that the belief in a Second Coming didn't exist twenty years ago. After all, Judaism is a developing religion."  My point, of course, is not that the belief did not exist twenty years ago. It is that Jews through the ages repeatedly–through both word and deed–rejected the possibility that God would send the Messiah to announce that redemption was imminent, preside over a movement identifying him as the Messiah, and then die in an unredeemed world.  In short, Chabad messianism destroys the gedarim, or defining parameters, of one of the ikkarei he-emunah.  Since this point was a key argument used against Christianity for untold generations, rendering it false is a betrayal not only of the Jewish faith but of generations of Jewish martyrs.

Second, there is the reality of toleration by rabbinic leaders (my "scandal of indifference"), which for Prof. Shapiro determines not only what Judaism has become but what we ought to accept as legitimate.  Now, in discussing Christianity, he goes on to say that the incarnation, or belief that a human being is God, is way over the line.  He does not, however, return to Chabad in that part of his discussion, because he would be required to confront his earlier criterion with all its terrible consequences.  I have shown that a significant segment of Chabad hasidim (not just a few lunatics) maintain a fully incarnationist doctrine, and yet the rabbis who believe this (including some of Prof Shapiro's "great Torah scholars" who allegedly deserve respect despite their adherence to the "messianic foolishness") are also generally treated as Orthodox rabbis in every respect.  The reasons for this indifference are discussed in chapter 13 of my book, and they have little to do with theology.  It may indeed be that even this belief will become so legitimated that Judaism will be fundamentally transformed; it is, however, much too early to make such a judgment even about "mere" messianism, and it is beyond irresponsible to look at this development with the cool eye of an analyst without attempting to stem the tide.  Historic Judaism is in mortal danger.  Let outsiders watch this process in detached fascination.  Those of us who care about preserving the faith of our ancestors must take a stand.  If we fail, the proper reaction will not be to accept this with equanimity as analogous to the distribution of shirayim; it will be to tear keriah as we mourn the destruction of core elements of our faith.




Marc B. Shapiro: Thoughts on Confrontation & Sundry Matters Part I

Thoughts on “Confrontation” and Sundry Matters Part II By: Marc B. Shapiro

What follows is a continuation of this post.Some people are so set on showing the differences between Christianity and Judaism that in the process they end up distorting Judaism. Let me start with an example that for the last fifteen years must be considered a Jewish teaching. By Jewish teaching I mean a view that is taught in the observant community. This doesn’t mean that all or even most people will agree with it, anymore than they agree with the ideas of Daas Torah, religious Zionism, religious anti-Zionism, or that the shirayim of the Rebbe has mystical significance. But agree or not, these are clearly Jewish teachings. Today it must be admitted that Judaism and Christianity share a belief in the Second Coming of the Messiah. While this is an obligatory belief for Christians, for Jews it is, like so many other notions, simply an option. The truth of my statement is seen in the fact that messianist Habad is part and parcel of traditional Judaism, and, scandal or not, most of the leading Torah authorities have been indifferent to this. That is, they see it as a mistaken belief, but not one that pushes its adherent out of the fold. In other words, it is like so many other false ideas in Judaism, all of which fall under the rubric “Jewish beliefs.” As long as these beliefs don’t cross any red lines, the adherents are regarded as part of the traditional Jewish community. To give a parallel example, many people reading this post are good rationalists, and therefore regard astrology as quite foolish. But we are all well aware of the many Jewish teachers who taught the efficacy of this system. Therefore, astrology must be regarded as an acceptable belief for adherents of traditional Judaism. Whether it is correct or not is a completely different matter, and if the latter criteria determines whether something is included under the rubric of traditional Judaism, then it will be a small tent indeed. Unlike Professor David Berger, it doesn’t overly concern me that the belief in a Second Coming didn’t exist twenty years ago. After all, Judaism is a developing religion. Two hundred years ago leading Torah scholars criticized Hasidism for advocating all sorts of new ideas, and yet these too became part of Judaism. In another fifty years the notion of a Jewish Second Coming will probably be seen by most as just another Hasidic eccentricity (albeit the province of only one sect), up there with prayers after the proper time and shirayim. The important point for me is what makes a belief an acceptable one in Judaism is not whether it is new, and certainly not whether it is correct, but whether the rabbinic leaders tolerate it. Over time they have shown that they can tolerate all sorts of foolish doctrines, Habad messianism being merely the latest. Professor Berger argued his case valiantly, but it has largely fallen on deaf ears, and this includes the ears of great Torah scholars. So, like it or not, traditional Judaism now encompasses hasidim and mitnagdim, rationalists and kabbalists, Zionists and anti-Zionists, and those who think the Messiah will be coming for the first time together with those who think it will be a return trip. What has occurred with Habad messianism and its painless integration into wider Orthodoxy can also teach us something with regard to the history of Judaism and Christianity. Had Paul not insisted on his antinomian path, that is, had the Law remained central to early Christianity, there is no reason to assume that there would have been a break with Pharisaic Judaism. When thinking about Habad, there is one other point we have to bear in mind. There are great Torah scholars who unfortunately believe the messianic foolishness, and they should be treated with respect. After all, R. Hayyim Joseph David Azulai, the Hida, quoted from the works of scholars who continued to believe in Shabbetai Zvi even after his apostasy.[33] He certainly opposed their Sabbatianism, and we must oppose the Habad messianism, but one’s religious legitimacy in contemporary Orthodoxy is not destroyed because of the belief in a false Messiah. Let me now return to an issue mentioned already, namely, the naivete in dealing with the differences between Judaism and Christianity that is common in Orthodox circles, especially among those who engage in apologetics and kiruv type activities. To give an example that I have both seen in print and heard in lectures, there are those who talk about how compared to Catholicism Judaism is a much more realistic religion when it comes to divorce, in that it permits it if people don’t get along. That is fine, as far as it goes, but some people then go overboard and denigrate any outlook that opposes “Judaism’s position.” In doing so, these well-meaning people end up of denigrating Beit Shammai’s view. Some will recall that Beit Shammai said that “a man may not divorce his wife unless he has found in her some unseemly conduct” (Gittin 9:10), which means unchastity. Now the halakhah is not in accord with Beit Shammai, but his is certainly a Jewish position. Any presentation of Judaism that presents the standard view of divorce as “the” Jewish position, and denigrates any other approach, has the unintended consequence of denigrating Beit Shammai as not having had a “Jewish” position. In other words, it is disparaging to Beit Shammai for any contemporary to speak about how Beit Hillel’s view is “better” than that of Beit Shammai. In fact, there are traditional sources that speak about how in Messianic days the halakhah will follow Beit Shammai, in this and in all other disputes. I think the traditional position would be to assert that Beit Hillel’s position is not objectively any “better”, and certainly not more ethical, than that of Beit Shammai. Furthermore, a number of poskim actually hold that Beit Hillel and Beit Shammai only dispute about a second (or subsequent) marriage, but that with regard to the first marriage, Beit Hillel agrees with Beit Shammai that a man can divorce his wife only if he finds a matter of unchastity. R. Solomon ben Simeon Duran goes even further and asserts that in this dispute the halakhah is actually in accord with Beit Shammai! [34] ואע”ג דב”ש וב”ה הלכה כב”ה משמע הכא דהלכה כב”ש This is not the accepted halakhah, but it illustrates how unseemly it is to portray a position held by important poskim as out of touch or foolish. As mentioned above, I have seen many times when apologists try to show the beauty of Judaism by contrasting it positively with some “non-Jewish” position (on the unsophisticated assumption that the best way to better their position is by denigrating another). As noted, I have also observed that sometimes the position they are denigrating happens to also be a Jewish position (just not the accepted position). Of course, when you point this out to them, and show them that the way they were arguing had the unintended consequence of ridiculing a position held by traditional Jewish figures, they immediately apologize and give assurances that they won’t do so again. My question always is, why not? Five minutes ago they were happy to declare how unfair or foolish a certain position is, and once being informed that the position is also held by Jewish thinkers they drop their argument like a hot potato. Are we to conclude that it is not the inherent logic of an argument that gives it validity, but only who its adherents are? Does an approach only stop being ridiculous when the polemicist learns that it was held by a traditional thinker? Obviously yes, which leads to the conclusion that there is no purpose in the polemicist arguing the merits of his case at all, since everything he states is only conditional. In other words, the polemicist is telling us: “I can attack a position as being foolish and illogical, but this is only when I think the position is held by non-Jewish or non-traditional thinkers. Once I learn that the position is also held by traditional thinkers, all of my previous words of criticism should be regarded as null and void.” This is another example of what elsewhere I have termed the “elastic” nature of Jewish apologetics and polemics. With this in mind, let me now say something that I know will make many people uncomfortable, but which I have felt for a long time. Throughout Jewish literature one can find any number of explanations as to how the notion of the Trinity is in direct opposition to Jewish teachings, since Judaism demands a simple, unified God. There is no doubt that for much of our history this was the standard view. However, once the doctrine of the sefirot arises on the scene, matters change. Many of the arguments put forth by kabbalists to explain why the belief in the sefirot does not detract from God’s essential unity could also be used to justify the Trinity, a fact recognized by the opponents of the sefirotic doctrine. Since the doctrine of the sefirot has become part and parcel of Judaism, we must now acknowledge that Judaism does not require a simple Maimonidean-like, divine unity. In fact, without any reference to the sefirot, R. Judah Aryeh Modena was able to conclude that one could indeed justify the notion of the Trinity so that it did not stand in opposition to basic Jewish beliefs about God’s unity. As Modena points out in his anti-Christian polemic, Magen va-Herev, the real Jewish objection to the Christian godhead is not found in any notion of a Triune God, but in the Christian doctrine of the Incarnation.[35] The idea that God assumed human form, i.e., that a human is also God, is regarded by us as way over the line. This is not only because it deifies a human, but also because there is a great difference between a spiritual God divided into different “parts,” and an actual physical division in God. The latter is certainly in violation of God’s unity even according to the most extreme sefirotic formulations. (It would not, however, appear to be in violation of R. Moses Taku’s understanding of God, since he posits that God can assume form in this world at the same time that He is in the heavens. For Taku, Christianity’s heresy would thus be seen only in their worship of a human, which is avodah zarah.) From the Trinity, let’s turn to Virgin Birth, another phenomenon which everyone knows is not a Jewish concept, or is it? If by Virgin Birth one means conception through the agency of God, then there is no such concept in Judaism. Yet if by Virgin Birth we also include conception without the presence of human sperm, then as we shall soon see, this indeed accepted by some scholars. (I stress human sperm, so that we can exclude the legend of Ben Sira’s conception, which occurred by means of a bathtub, not to mention all of the responsa dealing with artificial insemination.) Pre-modern man believed in all sorts of strange things, one of which was the concept of the incubus and the succubus, which was found in many cultures. The idea was that male and female demons would have sex with humans while they slept. Among the outstanding Christian figures who believed the notion possible include Augustine and Aquinas.[36] This was an especially good way to explain an unwanted pregnancy: just blame it on the demon. While the classic example of the incubus is when a male demon comes upon a sleeping woman, there were times when this happened while both parties were awake, and we will soon see such a case in Jewish history. Lest one think that this is only a pre-modern superstition, what about all those people who claim to have had sexual relations with aliens who abducted them?[37] As the superstitions in Jewish society have often mirrored those of the dominant culture, we shouldn’t be surprised that sex with demons comes up in our literature. Already the Talmud (Eruvin 18b) speaks of Adam begetting various types of demons. This source doesn’t say who the mother was, but since it wasn’t Eve it must be a female demon. Yet the Talmud is quick to note that Adam never actually had sex with this female demon. Rather, she impregnated herself with his sperm that was emitted accidentally. Throughout Jewish history there were women who were believed to have had sex with demons, and this raised halakhic issues that had to be dealt with. There is no need for me to give various sources on this as they have been nicely collected by Hannah G. Sprecher in a fascinating article.[38] I will just mention one point which I find interesting, and which I mentioned in one of my lectures on R. Ben Zion Uziel.[39] While R. Uziel is in many respects a model for a Modern Orthodox posek, it is quite jarring to find that he too takes seriously the claim that a woman was intimate with a demon. Instead of sending her to a psychologist, he devotes great efforts to showing that she can remain with her kohen husband.[40] That poskim would discuss this sort of thing is not surprising, and in an earlier post I mentioned a current talmid chacham who discusses if one can eat the flesh of a demon. Similarly, Sprecher cites a twentieth-century work that deals with circumcising a child whose father was a demon.[41] Yet to find R. Uziel, a supposedly modern posek, also taking this very seriously was quite a surprise to me. I guess the greater surprise was that of the various women involved with the demons. While some were no doubt off their rocker, others presumably just invented the story to save themselves from the shame of an improper relationship and its consequences. Imagine their surprise when instead of being condemned for their illicit affair, the rabbis actually believed the story that they made up, namely, that the man they had sex with was really a demon![42] Once a woman is believed to have had sex with a demon, and certainly if she had a child in this fashion, people are generally not going to want to have anything to do with her and her family. Being descended from the Devil is hardly the best yichus. Yet much of the world began like this, at least according to one early interpretation. Targum Ps.-Jonathan to Gen. 4:1 explains that Cain’s father is not Adam, but Sammael, who also is known as Satan and the Angel of Death. As James Kugel has shown, this tradition is found in other early sources, such as 1 John 3:12 which describes Cain as being “of the Evil One.” Pirkei de-Rabbi Eliezer 21 describes how the serpent impregnated Eve, and we know from other sources that the serpent is none other than Sammael. While we might be inclined to smile and regard this all as pleasant folklore, there is actually much more here than meets the eye. As Kugel brilliantly notes, this portrayal of Cain serves to explain why God did not accept his sacrifice, a point that is never explained in the text. In addition, it helps solve the puzzling comment of Eve (Gen. 4:1): “I have gotten a man with the Lord,” understanding “man” to mean angel, as is elsewhere found in Scripture.[43] Lest one think that in modern times tales of the Devil’s children are only to be found in novels and on the big screen – one immediately thinks of Rosemary’s Baby and The Omen – let me tell you a fascinating story. In the beginning of the nineteenth century a married woman named Yittel Levkovich gave birth to a child which, we are told, was obviously not her husband’s. Yittel claimed that she had been raped by a male demon. This claim was accepted and the woman was not regarded as an adulteress nor was the child regarded as a mamzer. Yet other Jews refused to marry with the descendants of this woman, and these descendants were known as “Chitshers.” Matters got to be so bad that in 1926 a broadside was published signed by many Hungarian rabbis declaring that there was no problem marrying into the Chitshers. Among the signatories was the young R. Joel Teitelbaum, the rav of Satmar. Despite this plea, there were those who continued to shun the Chitchers, and even to this day there are families in the Hungarian hasidic world who will refuse to intermarry with other Hungarian hasidim since the latter are descended from Yittel and the demon. Tying in with the Christian theme with which I began this post, there was even a belief that a Chitcher has the image of a cross under his skin opposite the heart![44] Take a look at the end of this responsum. This is a fascinating topic, and those who want more details should consult the previously mentioned article by Sprecher, from which I took the information mentioned until now. One aspect of the story that appeared too late to be included by Sprecher is mentioned by Jerome Mintz, and shows how despite R. Yoel Teitelbaum’s words of support for the Chitshers, this did not carry on to one of the inheritors of his throne. Jerome Mintz records the following from a Satmar informant: The Satmar Rebbe’s son, the oldest son, Aaron, he has sometimes a big mouth. Aaron, the Rebbe’s son, gave a speech and he called Ableson’s[45] mother a hatzufah [impudent woman]. “This Ableson’s mother–that impudent woman with her tsiganer [gypsy] family–came to the shul and starts yelling.” You know, with that phrase he was trying to bring up an old pain.

There is an old story about the Ableson family, given only from mouth to ear, about the quality of their family. There were some rumors about a hundred years ago about the Ableson family, that it’s not so spotless. A woman in the family had a relationship with some demon or something and that’s how the branch of the family got started. . . . Nobody knows how she became pregnant. She went away to a different town and came back pregnant and she didn’t have any love affair. She was a virgin. She was still a virgin. . . . It’s written in a lot of books at that time. The Kotsker, on of the big rabbis, said that one of their ancestors was made pregnant by a demon.

This goes back six generations. The family is spread out and the descendants feel a little guilty. They try to behave, you know, so that nobody should throw it back at them. The family is so widespread because they’re so rich. They’ve gotten into every family. They’re very aggressive people, probably because they come from the devil. . . . Even today when somebody is making a marriage arrangement he wants to find out if the family is not from the witches. I know that my mother and my father when they made a marriage arrangement, it was a day before they left the country, they found out if there’s a witch or not.[46]
The R. Aaron mentioned in this story is one of the current Satmar Rebbes. We find another example where a large family was ostracized in this fashion. The problem here was especially acute as many great Torah scholars had married into this family, and now aspersions were being cast on it. Those casting the aspersions referred to the family members as Nadler, which has the connotation of mamzer. (As with the term mamzer, it was also used as a general term of abuse and is the subject of a responsum of R. Solomon Luria.[47]) Because of the growing calumnies against innocent families, the Maharal and numerous other great rabbis were forced to publicly support them and condemn all who would question their yichus.[48] What I don’t understand is how, considering the base origin of the term “Nadler” and how it was used in such an abusive fashion, that the word actually became an acceptable last name. Indeed, it is now more than acceptable and people are proud to have this name, which they share with two outstanding scholars, not to mention my former congressman. * * * Returning to the issue of Christianity, many have discussed whether or not it is considered avodah zarah. I will deal with this at a future time, but now I want to raise another issue which I mentioned briefly in Limits of Orthodox Theology: What is worse, atheism or avodah zarah? Subsequent to the book’s appearance I found more sources related to this, which I hope to come back to in a future post. For now, let me just call attention to found a very interesting comment of R. David Zvi Hoffmann with regard to avodah zarah. It is found in R. Hayyim Hirschenson’s journal, Ha-Misderonah 1 (1885), p. 137. In speaking about the practice of the Talmud to sometime use euphemistic language, he claims that the expression “Grave is avodah zarah, for whoever denies it is as if he accepts the whole Torah” (Hullin 5a and parallels) is an example of this. In other words, the Talmud really means: “Grave is avodah zarah, for whoever accepts it denies the entire Torah.” I had never thought of this and it is certainly interesting. Hoffmann is himself led to this interpretation, which he sees as obvious, because if it was really the case that one who rejected avodah zarah would be regarded as one who accepts the Torah, how come a public Sabbath violator who rejects avodah zarah is still regarded as having rejected the Torah? Nevertheless, despite its immediate appeal, I don’t think Hoffmann’s interpretation can be accepted, and the passage is not to be regarded as euphemistic. Rather, it is an example of the Sages’ exaggerations, which we find in other places as well, such as where they state that a certain commandment is equal to all six hundred thirteen. In fact, I have what I think is conclusive proof that Hoffmann is mistaken in regarding this passage as expressing a euphemism. In Megillah 13a the passage appears in an altered form: “Anyone who repudiates avodah zarah is called ‘a Jew.'” The Talmud then cites a biblical proof text to support this statement which shows that it was not meant to be understood as a euphemism. While on the subject of Christianity, I would like to respond to the reaction of some who read my opinion piece on John Hagee. There I showed that what got so many upset, namely, Hagee’s theological understanding of the Holocaust, was actually shared by R. Zvi Yehudah Kook.[49] Of course, I understand why people feel that attempting to explain the Holocaust is improper. I happen to share this sentiment. Yet if people are upset by what Hagee said, just wait until they see the following, which out of all the supposed justifications for the Holocaust, which have ranged the gamut, this is surely the most bizarre. What can I say, other than that it never ceases to amaze me how some of the greatest scholars we have say some of the craziest stuff imaginable. I am referring to one of the reasons R. Ovadiah Hadaya gives to explain the Holocaust. He saw it as God’s way of cleansing the world of all the mamzerim![50] How a sensitive scholar, which Hadaya certainly was,[51] could offer such an explanation really boggles the mind. To think that the cruel murder of six million, including over a million children, not to mention all of the other terrible results of the Holocaust, was in order to complete some yichus program is beyond strange. I can’t recall who it was who said that any attempts at explaining suffering are invalid if you are not prepared to tell it to a parent whose child is dying of cancer. I certainly can’t imagine anyone telling a parent that his family was wiped out in the Holocaust in order to get rid of the mamzerim! (A well-known American haredi rosh yeshiva responded very strongly when told about what Hadaya wrote, but I don’t have permission to quote his words.) Prof. David Halivni commented, when I told him about Hadaya’s view, that Sephardim often don’t get it when it comes to the Holocaust. I remember thinking about Halivni’s comment when R. Ovadiah Yosef gave his own explanation for the Holocaust, some years ago, one which created such a storm that Holocaust survivors protested outside his home. He claimed that the dead were really reincarnated souls suffering for their sins in previous lifetimes. Although he doesn’t mention it, Hadaya’s view is obviously based on the Jerusalem Talmud, Yevamot 8:3, which speaks of a catastrophe coming on the world every few generations which destroys both mamzerim and non-mamzerim (the latter are destroyed as well, so that it not be known who committed the sin.) Sefer Hasidim, ed. Margaliot, no. 213, repeats this teaching. יש הריגת דבר או חרב שלא נגזר אלא לכלות הממזרים וכדי שלא לביישם שאם לא ימותו רק הממזרים היה נודע והיתה המשפחה מתביישת מפני חברתה [ולכן נוטל הכשרים עמהם] It is with regard to the issue of the mamzer that one can see manifested a point I have often thought about. The great classical historian Moses Finley spoke of what he termed the “teleological fallacy” in the interpretation of historical change. “It consists in assuming the existence from the beginning of time, so to speak, of the writer’s values . . . and in then examining all earlier thought and practice as if they were, or ought to have been, on the road to this realization, as if men in other periods were asking the same questions and facing the same problems as those of the historian and his world.”[52] The fact is that earlier generations often thought very differently about things. For example, we are much more sensitive to matters such as human rights than they were. They took slavery for granted, while the very concept of owning another person is the most detestable thing imaginable to us. Followers of R. Kook will put all of this in a religious framework, and see it as humanity’s development as it gets closer to the Messianic era. We see this very clearly when it comes to the issue of the mamzer who through no fault of his own suffers terribly. The Orthodox community is very sympathetic to his fate, and it is unimaginable that people today will, as in the past express satisfaction at the death of a mamzer.[53] A difficulty with the sympathetic approach is the Shulhan Arukh‘s ruling (Yoreh Deah 265:4) that when the mamzer is born אין מבקשים עליו רחמים. The Shakh writes: כלומר אין אומרים קיים את הילד כו’, מטעם דלא ניחא להו לישראל הקדושים לקיים הממזרים שביניהם. In fact, according to R. Bahya ibn Paquda (Hovot ha-Levavot, Sha’ar ha-Teshuvah, ch. 10), if one is responsible for bringing a mamzer into the world, and then does a proper teshuvah, “God will destroy the offspring.” Needless to say, if a modern person believed this to be true, it hardly would encourage him or her to do teshuvah.[54] (Philippe Ariès could perhaps have cited this text in order to bolster his controversial thesis that medieval parents were indifferent to their children, as it is unimaginable that a contemporary preacher would tell parents that the result of their teshuvah would mean the death of their child.) What, from today’s standards, would be the most cruel thing imaginable, is described by R. Ishmael ha-Kohen of Modena, the last great Italian posek (Zera Emet 3:111).[55] R. Ishmael rules that the word “mamzer” should be tattooed (by a non-Jew) on a mamzer baby’s forehead![56] This will prevent him from being able to marry. I know that no contemporary rabbi would recommend such a step (although the Zera Emet‘s advice is quoted in R. Zvi Hirsch Shapira’s Darkhei Teshuvah, Yoreh Deah 190:11). Nor would anyone want the mamzer’s house or grave to be plastered, as was apparently the opinion of some in talmudic days, in order that people would be able to shun him.[57] This leads to an issue that would require an entire volume to adequately deal with it. This volume would trace the Orthodox confrontation with changing values and show how Orthodox practices and ideas have responded. It is obvious that there is much more in the way of reevaluation of prior ideas in the Modern Orthodox world, but there is also a great deal in the haredi world as well. As noted already, I have observed this personally when haredi figures, and not only of the kiruv variety, have asserted that certain ideas and concepts are in opposition to Jewish values, and have then been flustered when I showed them that great figures of the past have actually put forth what today is regarded, even in the haredi world, as immoral statements. Examples of this are easy to find. R. Jehiel Jacob Weinberg pointed to one: the Rambam’s ruling in Issurei Biah 12:10. I am reluctant to spell this out here, because I know how it could be used by anti-Semites, so let me just quote it in Hebrew. ישראל שבא על הגויה–בין קטנה בת שלוש שנים ויום אחד [!] בין גדולה, בין פנויה בין אשת איש, ואפילו היה קטן בן תשע שנים ויום אחד–כיון שבא על הגויה בזדון, הרי זו נהרגת מפני שבאת לישראל תקלה על ידיה, כבהמה. I don’t think that there is any sane person in the world, no matter what community he is in, who would advocate this in modern times.[58] Furthermore, if you defend, even in the most right wing community, what Maimonides says here with regard to an innocent child, you will be regarded as evil. The traditional commentators are at a loss to explain where Maimonides got this. This example was pointed to by Weinberg as one of the traditional passages which most distressed him. Let me give another example which again illustrates how often contemporary moral judgments are far removed from those of previous generations, even when dealing with great Jewish leaders. R. Zvi Hirsch Chajes claims that a king has the right to kill the innocent children of someone who rebels, because of tikun olam,[59] and the Hatam Sofer, in a letter to Chajes, find this a reasonable position.[60] The purpose of the killing would be to put fear into others, who while may be willing to risk their own lives in rebellion, would be deterred if their families were wiped out. This is certainly not what anyone today would regard as “Jewish values.”[61] In fact, Seforno, Netziv, and Meshekh Hokhmah, in their commentaries to Deut. 24:16 (“Children shall not be put to death for the fathers”), specifically reject this possibility, with Seforno noting how this was a typical Gentile practice that the Torah is legislating against.[62] In such a case, we have to 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 Torah into disrepute in people’s eyes (Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 1, p. 60): 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 (Am ve-Artzo, vol. 2, pp. 436-437) . He refuses to say that any rishon was less moral than another, but 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 days. If there is a dispute among the authorities, we should adopt the position which we regard as more moral. 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 In a recent by book by R. Yuval Sherlo, Reshut ha-Rabim, p. 102, he acknowledges moral advancement and concludes: “Despite all the hypocricy and cynicism there is moral progress in the area of human rights. True religious people believe that this is the will of God.” All this stands in opposition to R. J. David Bleich’s incredible statement: “The halakhic enterprise, of necessity, proceeds without reference or openness to, much less acceptance or rejection of, modernity. Modernity is irrelevant to the formulation of halakhic determinationsContemporary Halakhic Problems (New York, 1995), vol. 4, p. xvii (emphasis added). This statement is wrong on so many levels that I am inclined to think that Bleich simply didn’t express himself properly and meant to say something other than what appears from his words. In any event, in a future post I will return to Bleich’s controversial understanding of the halakhic process. As to the general problem of laws that trouble the ethical sense of people, we find that it is R. Kook who takes the bull by the horns and suggests a radical approach. The issue was much more vexing for R. Kook than for other sages, as in these types of matters he could not simply tell people that their consciences were leading them astray and that they should submerge their inherent feelings of right and wrong. It is R. Kook, after all, who famously says that fear of heaven cannot push aside one’s natural morality (Shemonah Kevatzim 1:75): אסור ליראת שמים שתדחק את המוסר הטבעי של האדם, כי אז אינה עוד יראת שמים טהורה. סימן ליראת שמים טהורה הוא, כשהמוסר הטבעי, הנטוע בטבע הישר של האדם, הולך ועולה על פיה במעלות יותר גבוהות ממה שהוא עומד מבלעדיה. אבל אם תצוייר יראת שמים בתכונה כזאת, שבלא השפעתה על החיים היו החיים יותר נוטים לפעול טוב, ולהוציא אל הפועל דברים מועילים לפרט ולכלל, ועל פי השפעתה מתמעט כח הפועל ההוא, יראת שמים כזאת היא יראה פסולה. These are incredible words. R. Kook was also “confident that if a particular moral intuition reflecting the divine will achieves widespread popularity, it will no doubt enable the halakhic authorities to find genuine textual basis for their new understanding.”[63] R. Kook formulates his idea as follows (Iggerot ha-Reiyah, vol. 1, p. 103): ואם תפול שאלה על איזה משפט שבתורה, שלפי מושגי המוסר יהיה נראה שצריך להיות מובן באופן אחר, אז אם באמת ע”פ ב”ד הגדול יוחלט שזה המשפט לא נאמר כ”א באותם התנאים שכבר אינם, ודאי ימצא ע”ז מקור בתורה. R. Kook is not speaking about apologetics here, but a revealing of Torah truth that was previously hidden. The truth is latent, and with the development of moral ideas, which is driven by God, the new insight in the Torah becomes apparent.[64] In a volume of R. Kook’s writings that appeared in 2008, he elaborates on the role of natural morality) Kevatzim mi-Ketav Yad Kodsho, vol. 2, p. 121 [4:16]): כשהמוסר הטבעי מתגבר בעולם, באיזה צורה שתהיה, חייב כל אדם לקבל לתוכו אותו מממקורו, דהיינו מהתגלותו בעולם, ואת פרטיו יפלס על פי ארחות התורה. אז יעלה בידו המוסר הטהור אמיץ ומזוקק. Another interesting statement from R. Kook on developing morality is found in Pinkesei ha-Reiyah, also published in 2008. (In a future post I will have more to say about these two new volumes.) In discussing how terrible war is, and the concept of a “permissible war,” which is recognized as a halakhic category, he notes that the latter is only suitable for a world which hasn’t developed properly, one which still sees war as a means to achieve things, This proper development can only come when all peoples have reached an elevated stage, since, pace Gandhi, you can’t have one nation practice the higher morality of no war while other nations are still using force. R. Kook describes “permissible war” as follows (p. 29): כל התורה הזאת של מלחמת רשות לא נאמרה כ”א לאנושיות שלא נגמרה בחינוך. The way the Torah shows this is by the law of yefat toar, concerning which R. Kook writes: כל לב יבין על נקלה כי רק לאומה שלא באה לתכלית חינוך האנושי, או יחידים מהם, יהיה הכרח לדבר כנגד יצר הרע ע”י לקיחת יפת תואר בשביה באופן המדובר. ומזה נלמד שכשם שעלינו להתרומם מדין יפת תואר, כן נזכה להתרומם מעיקר החינוך של מלחמת רשות, ונכיר שכל כלי זיין אינו אלא לגנאי. Wouldn’t it be great to hear rabbis talk about stuff like this on Shabbat?! On the very next page of Pinkesei ha-Reiyah, R. Kook applies the same insight to the issue of slavery, seeing it as only a temporary phenomenon, one that the Torah wishes to see done away with. In addition to what I have quoted from him in note 64, R. Norman Lamm has also recently written something else relevant to the issue being discussed: If anyone harbors serious doubts about inevitable changes in the moral climate in favor of heightened sensitivity, consider how we would react if in our own times someone would stipulate as the nadan for his daughter the equivalent of the one hundred Philistine foreskins which Saul demanded of David (1 Samuel 18:25) and which dowry David later offered to him for his daughter Michal’s hand in marriage (II Samuel 3:14) . . . The difference in perspective is not only a matter of esthetics and taste but also of morals.[65] He then develops the notion of a developing halakhic morality in which our evolving understanding of morality lead us back to the Torah “to rediscover what was always there in the inner folds of the Biblical texts and halakhic traditions” (pp. 226-227). To be continued * * * Many of you reading this post have purchased my book Studies in Maimonides and His Interpreters. In the first printing there is an unfortunate typo in the very last word (there are also some typos in the Hebrew section). Although I read through the book a few times before printing, as did a copy-editor, we didn’t notice it. Neither did numerous others who read the book, and I thank R. Yoel Catane, the editor of Ha-Ma’ayan, who was the first to catch the mistake (which has been fixed in the new printing). While the last word reads ,מחמר this should actually be מחמד, and was understood to refer to Muhammad. I was very upset upon learning of the careless typo. Seeing how I was beating myself up, my friend Shlomo Tikoshinski wrote to me as follows: לאו דמחמר – אין לוקין עליו (see Shabbat 154a, Mishneh Torah, Hilkhhot Shabbat 20:1)

[33] See Isaiah Tishby, Netivei Emunah u-Minut (Jerusalem, 1982), pp. 228ff.[34] She’elot u-Teshuvot ha-Rashbash, no. 411.
[35] See Daniel J. Lasker, Jewish Philosophical Polemics Against Christianity in the Middle Ages (Oxford, 2007), pp. 81-82.
[36] See Walter Stephens, Demon Lovers: Witchcraft, Sex, and the Crisis of Belief (Chicago, 2002), ch. 3.[37] See Thomas E. Bullard, UFO Abductions (Mount Ranier, MD, 1987). See also Jonathan Z. Smith’s article “Close Encounters of Diverse Kinds,” reprinted in his Relating Religion (Chicago, 2004), ch. 13.

[38] “Diabolus Ex-Machina: An Unusual Case of Yuhasin,” Jewish Law Association Studies 8 (1994), pp. 183-204.[39] Available at torahinmotion.org[40] Mishpetei Uziel,Mahadurah Tinyana, Even ha-Ezer no. 11.[41] Yalkut Avraham (Munkacs, 1931), p. 10.[42] While it is clear that demons come in both male and female, what about angels? According to the Magen Avraham, Orah Hayyim 610:5, the reason only men wear white on Yom Kippur is because men want to appear like the angels, and angels are male! Magen Avraham didn’t make this up, but is quoting a Midrash which teaches this idea. See Yalkut Shimoni, Proverbs 959, and Louis Jacobs, Judaism and Theology (London, 2005), ch. 19.[43] See The Bible as it Was (Cambridge, 1997), p. 86; How to Read the Bible (New York, 2007), pp. 60-61[44] R. Asher Anshel Miller, Hayyei Asher (Bnei Brak, 1991), no. 123.
[45] Mintz tells us that this is a pseudonym. For details of the conflict between “Yosel Ableson” and R. Aaron, see Mintz, Hasidic People (Cambridge, MA., 1992), pp. 302ff.
[46] Ibid., p. 307.[47] See the testimony recorded She’elot u-Teshuvot Maharshal, no. 101:דוא בישט איין נאדלר. דוא נאדלר ווארום נימשטו מיר מיין געלט . . . [48] See R. Judah Loew ben Bezalel, Netivot Olam (Bnei Brak, 1980), Netiv ha-Lashon, ch. 9.[49] See here[50] Yaskil Avdi, vol. 8, p. 200.[51] See e.g., his responsum in R. Ovadiah Yosef, Yabia Omer, vol. 3 p. 300. Here he reminds dayanim not to lose site of the humanity of the people standing before them (which current dayanim voiding conversions seem to forget–I will return to this in an upcoming post):
על הדיין לראות מעצמו אם היה ענין כזה באחת מבנותיו ח”ו, ובא הבעל נגדה בטענה כזו, האם ירצה שביה”ד יפסקו עליה להוציאה בע”כ מבלי כתובה. [52] Ancient Slavery and Modern Ideology (London, 1980), p. 17.[53] See e.g., Maharil, Hilkhot Milah no. 20:וצוה הרב לשמש העיר להכריז אחר המילה לציבור קול רם תדעו הכל שהילד הנימול הוא ממזר . . . ואמר אלינו מהר”י סג”ל שנתגדל הנער ההוא לבן עשר שנים ומת. וכתבו למהרי”ל לבשורה טובה שנסתלק ונאסף מתוכנו

R. Israel Moses Hazan, Kerakh shel Romi, p. 61b:ועברו איזה ימים ומת הממזר (ברוך שעקרו ולא נתערב זרע ממזרים בתוך קהלתנו)

R. Elijah Aberzel rules that it is permitted to abort a mamzer fetus. See Dibrot Eliyahu, vol. 6, no. 107.
[54] For an example of a preacher’s words that even the most idiotic person today would never use in trying to comfort a bereaved parent, see R. Joseph Stadthagen Divrei Zikaron (Amsterdam, 1705), p. 38a:ואם ח”ו מזבח כפרה מיתת בנים יארע, גם בזה אין ראוי להצטער [!] כי מי יודע מה היה מגדל ממנו יצור או כיעור, חכם או סכל, להרע או להטיב. [55] For those who have never heard of R. Ishmael, consider this: He is quoted by R. Ovadiah Yosef in Yabia Omer and Yehaveh Da’at many more times than R. Moses Feinstein.[56] In those days mamzerim were also named kidor, based on Deut. 32:20: כי דור תהפוכות המה[57] See Meir Bar–Ilan, “Saul Lieberman: The Greatest Sage in Israel,” in Meir Lubetski, ed., Saul Lieberman (1898-1983), Talmudic Scholar (Lewiston, 2002), pp. 86-87 (referring to Tosefta Yevamot, ch. 3).
[58] In his Avi Ezri R. Shakh discusses a certain halakhah dealing with the death penalty for violating the Noahide commandments. In 1987 some (presumably Chabad) troublemakers, obviously not concerned about hillul ha-Shem, “leaked” this to Israeli newspapers with the result that the latter had headlines: הרב שך מתיר להרוג גויים ללא דין. R. Shakh’s people were quick to point out that the discussion in Avi Ezri is completely theoretical, something which the “leakers” were well of. See Moshe Horovitz, She-ha-Mafteah be-Yado (Jerusalem, 1989), 96ff. For a similar incident five years ago involving Yeshiva University, see “Critics Slam Rabbi, Y.U. Over Article on Gentiles,” available here
[59] Torat ha-Nevi’im, ch. 7.[60] She’elot u-Teshuvot Hatam Sofer, Orah Hayyim no. 108 (end).[61] Cf. however Nathan Lewin’s argument, “Deterring Suicide Kllers,” available here Lewin, however, is dealing with adults, not potentially minor children. For Arthur Green’s response, ” A Stronger Moral Force,” see here
[62] See R. Shimon Krasner, “Ishiyuto u-Feulotav shel Shaul ha-Melekh,” Yeshurun 11 (2002), pp. 779-780.
[63] Tamar Ross, Expanding the Palace of Torah (Waltham, 2004), p. 292 n. 38.
[64] Cf. this to what R. Norman Lamm wrote in his response to Noah Feldman’s infamous article, referring in particular to Feldman’s discussion of the saving of non-Jewish life on Shabbat.Surely you, as a distinguished academic lawyer, must have come across instances in which a precedent that was once valid has, in the course of time, proved morally objectionable, as a result of which it was amended, so that the law remains “on the books” as a juridical foundation, while it becomes effectively inoperative through legal analysis and moral argument. Why, then, can you not be as generous to Jewish law, and appreciate that certain biblical laws are unenforceable in practical terms, because all legal systems — including Jewish law — do not simply dump their axiomatic bases but develop them. Why not admire scholars of Jewish law who use various legal technicalities to preserve the text of the original law in its essence, and yet make sure that appropriate changes would be made in accordance with new moral sensitivities? [65] “Amalek and the Seven Nations: A Case of Law vs. Morality,” in Lawrence Schiffman and Joel B. Wolowelsky, eds., War and Peace in the Jewish Tradition (New York, 2007), p. 208.