The Enigma of Abraham Rosenberg, R. Yitzchak Scheiner, Mordecai Kaplan, and Prof. Marvin Fox

Marc B. Shapiro

Abraham Rosenberg made his first appearance during the dispute over Solomon Friedlaender’s forged Yerushalmi Kodashim. He portrayed himself as a student of Friedlaender. Here is the title page of his booklet Aneh Khesil in which he defends Friedlaender from the attacks of his critics.

 

Rosenberg also wrote some other things in defense of Friedlaender, including an article in the Frankfurt Orthodox paper Der Israelit and letters to various figures who were involved in the dispute over the Yerushalmi Kodashim.

Who was Rosenberg? Discussion of this will be found in R. Baruch Oberlander’s forthcoming book on the forged Yerushalmi Kodashim, a work which is sure to be a tour de force of scholarship. (The Hungarian version of the book has already appeared.) Based on what R. Oberlander documents, I don’t think there can be any doubt that Rosenberg was not a real person but was a creation of Friedlaender. Even the city that Rosenberg claimed to be rabbi of does not exist. In the meantime, for those who want to learn about this fascinating story, I recommend this video from R. Oberlander.

The story becomes even stranger, as beginning some fifteen years after Rosenberg’s first appearance in the Yerushalmi Kodashim controversy, a few articles written by an otherwise unknown “A. Rosenberg” appeared in 1923 and 1924. Friedlaender died in January 1924, so in theory it is possible to argue that he is the author of these articles that appeared in the Hebrew section of the German Orthodox journal Jeschurun.[1] Yet it is much more likely that the articles were written by someone else who took the pseudonym. Two of the articles in Jeschurun focus on the Jerusalem Talmud. The other article deals with how biblical verses are cited with variations in the Babylonian and Jerusalem Talmuds, and Rosenberg argues against the notion that these quotations are evidence of biblical readings at variance with what is found in the so-called Masoretic text. In addition to these articles, Oberlander also refers to A. Rosenberg’s Al Devar Tikunei Nushaot bi-Yerushalmi, which was published in Lodz, 1928 (so at least it says on the book’s title page). This is four years after Friedlaender’s death, so he could not have been the author.

 

 

If you look at Rosenberg’s book, you can’t help but be impressed that the author knows the Jerusalem Talmud and rishonim, and he is also on top of modern scholarship. At first glance, it seems that were very few people in the world at that time who were able to write such a work, which has led to speculation about who the author could be. Oberlander, in his forthcoming book, writes as follows:

מהרב פרופ’ ש”ז הבלין שמעתי את ההשערה ש”א. רוזנברג” מירושלים אינו אלא פרופ’ שאול ליברמן (1898-1983), שידוע כמי שאהב מעשה קונדס כאלו (ראה גם י”ש שפיגל: ’עמודים בתולדות הספר העברי – בשערי הדפוס ‘עמ’ 46 הערה 151, 48 הערה 161). אמנם פרופ’ מלך (מרק) שפירא במכתבו אלי דוחה השערה זו, שהרי עד שנת 1928, כשהתחיל ללמוד באוניברסיטה העברית בירושלים, לא היה לו לליברמן שום ידע מדעי ולא השתמש בשיטות מדעיות בלימודים שלו. ראה Elijah J. Schochet and Solomon Spiro, Saul Lieberman – The Man and His Work, New York, 2005, p. 7-8

Oberlander cites Prof. Shlomo Zalman Havlin who speculates that A. Rosenberg is none other than Saul Lieberman. Indeed, a cursory examination of Rosenberg’s book shows great similarity with Lieberman’s works on the Yerushalmi and Tosefta. Yet when R. Oberlander asked me about this, I told him that Lieberman could not have written Al Devar Tikunei Nushaot bi-Yerushalmi. On p. 106 we see that the book, which shows great awareness of modern scholarship, was completed erev Yom Kippur 1926. Rosenberg’s articles in Jeschurun from a few years before also show an awareness of modern scholarship. Yet until Lieberman began studying at the Hebrew University in 1928, he had not been introduced to academic scholarship on the Talmud,[2] and he certainly was not writing anything about this in the early 1920s.

If Lieberman is the author of Al Devar Tikunei Nushaot bi-Yerushalmi we must assume that there are three A. Rosenbergs. 1. Friedlaender, 2. the author of the Jeschurun articles, 3. Lieberman. Even if Lieberman has nothing to do with the book, it is still possible that the author of Al Devar Tikunei Nushaot bi-Yerushalmi took the name “A. Rosenberg” in imitation of the earlier author in Jeschurun, but they are not the same person.

I asked Havlin what led him to conclude that Lieberman is the author. He replied by noting that we cannot learn anything from the name “A. Rosenberg”, and he added that even the year and place of publication (Lodz) are not certain. In other words, it is possible that the book actually appeared after 1928 and was published in Palestine.

Havlin noted a few other considerations that led him to his conclusion: The book appeared at the same general time as Lieberman’s Al ha-Yerushalmi (Jerusalem, 1929), the improbability of attributing such a work to anyone else during this period, Lieberman’s relationship with J.N. Epstein (see below), and that Lieberman had a mischievous streak that could have led him to publish the book anonymously. Havlin also noted that he heard the following from Prof. Yaakov Sussman. Sussman asked Lieberman about Al Devar Tikunei Nushaot bi-Yerushalmi, and Lieberman responded: “Sheigetz, how did you come to this book?” By refusing to discuss the book with Sussman, or even to comment about who authored it, it is obvious that Lieberman was hiding something. Furthermore, I would add, isn’t it strange that Lieberman never refers to this book in any of his writings on the Yerushalmi? Here is a book with the exact sort of research that Lieberman was doing and yet he doesn’t mention it. דבר זה אומר דרשני.

Havlin also noted the following: On p. 19 n. 31 the author refers to a book of his in manuscript with the title המדע התלמודי וצרכיו. This is actually the title of a 1925 lecture delivered by J.N. Epstein upon assuming his position at the Hebrew University. The lecture was later published in Yediot ha-Makhon le-Madaei ha-Yahadut 2 (1925), pp. 5-22. Clearly the author was having some fun here, and we know that Lieberman had an interesting relationship with Epstein. Another personal comment is found on p. 91 where the author refers to R. Chaim Heller as “my friend”.

Returning to the quote above from R. Oberlander, he cites Yaakov Spiegel who gives two examples of Lieberman being a bit unconventional in some of his writings. In his book Amudim be-Toldot ha-Sefer ha-Ivri: Be-Sha’arei ha-Defus,[3] Spiegel notes that in the preface to the 1970 publication of the first volume of R. David Pardo’s Hasdei David on Taharot, which was edited by Lieberman (as were the next two volumes on Taharot), Lieberman signs his name in the preface as .ש.ל. Spiegel adds:

יש אומרים שחתם את שמו בראשי תיבות ולא בשמו המלא, מפני שרצה שהספר יכנס לבית המדרש, והמבין יבין

Yet this is incorrect, as Lieberman always ended the prefaces to his books with his initials. We see this beginning with his first book, Al ha-Yerushalmi, published in Jerusalem, 1929, long before he ever thought of joining the JTS faculty.

 

So his use of initials has nothing to do with covering up who he was, and on the very first page of the preface to Hasdei David he refers to what he wrote in Tosefta ki-Feshutah. However, it is noteworthy that Lieberman’s name does not appear on the title page of the book as you can see here.

This, perhaps, was due to a desire to have the book accepted in yeshivot. It is one thing to have references to Tosefta ki-Feshutah inside the book, and something else entirely to have Lieberman’s name on the title page, which might have prevented yeshivot from purchasing Hasdei David.

Spiegel also notes that Louis Finkelstein is referred to in the preface to Hasdei David as ר’ אליעזר אריה נר”ו בהרב ר’ שמעון הלוי ז”ל, without his last name. Spiegel sees this as a way of hiding Finkelstein’s identity, just as Lieberman did with the others mentioned in the preface. One of the people Lieberman refers to is הרב ר’ יהושע נר”ו בהרב ר’ יהודה ליב who discovered the manuscript of R. Pardo. (This is R. Yehoshua Hutner.) Lieberman also mentions two other people, one who transcribed the manuscript and another who proofread the book. It is possible that one or more of these individuals did not want to be mentioned by name as helping Lieberman, and this explains why Lieberman abridged all the names, including Finkelstein’s. But I repeat, Lieberman’s name in the preface is not in code, as .ש.ל is how he always signed the end of the prefaces of his books.

Spiegel[4] also notes that in Sinai 85 (1979), p. 199, the following short piece is signed בלי שם.

It is known, Spiegel tells us, that this was written by Lieberman. He also mentions that there is a hint to Lieberman’s authorship in that all the letters in בלי שם are found in Saul Lieberman’s name. This is indeed significant, as it shows us that for whatever reason, Lieberman was not averse to writing anonymously. In fact, in 1932 Lieberman used the pseudonym .ל.ל when he published a note in Tarbiz.[5] In 1936 he again published a note with this pseudonym.[6]

When I first examined Al Devar Tikunei Nushaot bi-Yerushalmi, I too thought that Lieberman must have written it, for the reasons already mentioned. What stood out most to me, as I have mentioned already, is that Lieberman in his many writings, including those that focus on the Jerusalem Talmud, never referred to the book even though it does the same thing what he was doing in Ha-Yerushalmi ki-Feshuto. I assumed that had anyone other than Lieberman written the book he certainly would have mentioned it, at least in the introduction to Ha-Yerushalmi ki-Feshuto, even if only to express his disagreement about certain matters. Obviously, Lieberman had a reason for not referring to this book, and I assumed it was because he did not want to associate his later scholarship with it.

Yet when I looked carefully at Al Devar Tikunei Nushaot bi-Yerushalmi and compared it to other writings of Lieberman on the very same sugyot, I was not able to find any parallels. This is so even though the book is written in the same style as Lieberman’s writings. Just when you would have expected some repetition from Al Devar Tikunei Nushaot bi-Yerushalmi in Yerushalmi ki-Feshuto and Tosefta ki-Feshutah, you find nothing.

I also noticed that there is a good deal of fraudulence in Al Devar Tikunei Nushaot bi-Yerushalmi, and it is impossible to imagine that Lieberman, in his alter ego “Rosenberg,” would have been a part of this. For example, on p. 5 in the note he cites Solomon Buber from Ha-Levanon, Sep. 18, 1872, as stating that there is a Yerushalmi Kodashim in the Vatican. Yet if you look at Buber’s article you find that he says the exact opposite, that there is no such manuscript there. Buber further states that he doesn’t believe that there ever was a Yerushalmi Kodashim. What is the point of “Rosenberg” providing such misinformation other than to play games with the readers? On p. 30 n. 37, “Rosenberg” actually states that he thinks that portions of the Yerushalmi Kodashim published by Friedlaender are authentic. This makes no sense, as there was no manuscript to which Friedlaender could have added his own material.[7] All academic scholars in the 1920s knew this, so what kind of fraudulence is “Rosenberg” peddling here? Interestingly, on pages 3 and 8 “Rosenberg” also refers to the earlier work by the other Rosenberg (i.e., Friedlaender), the booklet Aneh Khesil. This must be seen as an inside joke, especially since the page number given is 36 but the booklet doesn’t have this many pages.

Only after I had gone through Al Devar Tikunei Nushaot bi-Yerushalmi did I learn that the entire book is a series of plagiarisms from earlier authors, as has been noted by Elyashiv Cherlow[8] and an anonymous commenter here. Cherlow also points out that “Rosenberg” quotes a Geniza text that he invented from thin air. I too found an example of the author’s plagiarism that is not noted by Cherlow or the anonymous commenter: The lengthy passage, with numerous sources, found on pp. 71-72 n. 57, is lifted word for word from Avigdor Aptowitzer’s article in Ha-Tzofeh le-Hokhmat Yisrael 1 (1911), pp. 87-88.

There are some other strange things in Al Devar Tikunei Nushaot bi-Yerushalmi. For example, what is one to make of the dedication to the Jewish communal leader Louis Marshall?

Since this post has dealt with Lieberman, even if only to reject the notion that he is the author of Al Devar Tikunei Nushaot bi-Yerushalmi, let me add a couple of more points about him. From 1918-1962 there was an Orthodox publication called the Jewish Forum.[9] In the January 1961 issue there appeared an article by “Dayyan al-Yahud” sharply criticizing Conservative Judaism. In this article the author also took aim at Lieberman, referring to him as a “careerist”. He writes:

We ask, in all sincerity, where is the steadfastness of principle and consistent loyalty to Torah-Tradition on the part of the same Professor? This “guiding spirit” of the new kethubah, who only a few years ago, when the Agudath Harabbanim of the United States and Canada had declared Dr. Mordecai M. Kaplan under “herem” (anathema), himself recognized the “herem” as binding upon all Traditional Jews and refused to be in Kaplan’s company, as evidenced, in our presence, by his demonstrably stepping out of the Seminary elevator at the very entrance to the main building of the Seminary, no sooner than Dr. Kaplan had stepped in.

Such incongruous and compromising practices on the part of the Seminary’s present “scion” of Halakhah must of necessity lead to lack of reverence for time-honored traditions by its student body and graduates. No wonder that the latter, with few exceptions, are now groping in darkness and exhibit vacillation and uncertainty in their respective ministries.

Quite apart from the criticism of Lieberman, the passage is significant because the author testifies to having personally seen that Lieberman had previously observed the herem against Kaplan and refused to be in his presence.[10]

Who is Dayyan al Yahud? If you google the name, you will find that he also wrote articles critical of Kaplan and Heschel, yet none of the American authors who refer to Dayyan al Yahud identify who he is. He also wrote a number of articles under this pseudonym in Or ha-Mizrah. Yet his identity was never really a secret and is none other than the noted scholar Israel Elfenbein (1891-1964). The author of many works, Elfenbein is most known for his scholarly edition of Teshuvot Rashi (New York, 1943), which incidentally also includes notes from Louis Ginzberg. Elfenbein became a significant figure in American Orthodoxy, serving as editor of Or ha-Mizrah and education director of Religious Zionists of America. He was also honored with a Jubilee Volume (Jerusalem, 1963), which in addition to articles from various academic scholars, also has contributions from R. Eliezer Silver, R. Yehudah Gershuni, R. Nissan Telushkin, R. Leo Jung, and R. Menahem M. Kasher. Elfenbein also engaged in polemics against Conservative leaders. Yet one would not have expected his prominence in Orthodoxy, as in his early years Elfenbein received semikhah from the Jewish Theological Seminary and served as rabbi of the Conservative congregation Adath Israel in Nashville from 1915-1916.[11] 

In truth, Elfenbein’s identification with Orthodoxy was a return to his youth, as before he came to America he had studied in Pressburg and had received semikhah from R. Shalom Mordechai Schwadron. That at least is the story told by his relative, Y. N. Adler,[[12] but being that Elfenbein came to America when he was fifteen years old, is it really possible that he received semikhah at such a young age?[13] Upon arriving in New York in 1906 he entered Yeshivas Rabbeinu Yitzchok Elchonon (where his classmate was Bernard Revel, who himself had received semikhah at age 16).[14] With such a background in traditional Torah learning, how did Elfenbein end up at JTS?

Adler tells a fascinating story, different versions of which we know from other sources as well, although as far as I can tell, only the Rabinowitz article (see note 15) mention Elfenbein’s name. During Elfenbein’s time at RIETS—from other sources we know that the year was 1908—he and some friends wanted to study at a university (Yeshiva College did not yet exist). They therefore took the regents exam which allowed them to apply to institutes of higher learning. According to Adler, among the students who were part of this group, and who later became quite distinguished, were Rabbi Baruch Shapiro, who later served as rav in Seattle, Rabbi Louis Epstein, Rabbi Yehiel Kaplan, Dr. Israel Efros, Rabbi Solomon Goldman of Chicago, and Dr. Abraham Neuman.

This action, Adler tells us, greatly upset the rabbinic leadership of RIETS. In response to this, Elfenbein and his friends stopped learning at RIETS and set up a beit midrash, which they called Beit ha-Midrash ha-Elyon, in the Adass Bnei Yisrael synagogue of R. Solomon Elhanan Jaffe. (Other sources record the name as “Yeshivah le-Rabbanim”.) This beit midrash did not last long, and most of the students, including Elfenbein, transferred to JTS.[15]

Returning to Lieberman, there is another interesting comment in R. Dov Cohen’s Va-Yelkhu Shneiheim Yahdav, p. 168. He mentions how in Jerusalem Lieberman was treated with great respect at the Chevron Yeshiva, even after he had gone to the university. As for his going to JTS, Cohen recalls a biting hasidic comment about mitnagdim, that for Torah study a Litvak would even enter a church!

האיש היוה דוגמא למה שהיו החסידים טוענים על המתנגדים, כי התורה בליטא התקדשה עד כדי כך שעבורה היה מוכן הליטאי להכנס לכנסיה. . . [הנקודות במקור] אחר שהתגורר כמה שנים בירושלים, נמלך בדעתו כי מוטב שילמד באין מפריע. מאחר שהציעו לו משרה חשובה בסמינר קונסרבטיבי באמריקה, נסע שם וקיבלה. הוא לא שיתף עמם פעולה בסיוע לדרכיהם הנלוזות, חלילה. גם שם היה יושב בחדרו ועוסק בגמרא וכן בחיבור ספריו על התוספתא. זכורני שבכינוס של אגודת הרבנים באמריקה, בו השתתפתי, התייחסו אליו כאל “אחד משלנו” שיכול לעזור ולסייע, אף שהוא “אצלם”. גם הרב אברמסקי, התקיף והלוחם, קיבלו בכבוד גדול. שמעתי גם כן, שהוא החזיק מכספו כמה וכמה בני תורה בירושלים.

Regarding Lieberman, I have one final point to make. In Saul Lieberman and the Orthodox, p. 7, I mentioned a November 1930 letter from Lieberman to Louis Ginzberg in which Lieberman writes that he began working on a great project on the Jerusalem Talmud, but had to stop because one cannot work on Berakhot without knowing all of the Yerushalmi. Only when he finished the entire Jerusalem Talmud did he pick up the project again. I added that the project Lieberman refers to must be Ha-Yerushalmi ki-Feshuto, which appeared in 1935.

Here is the relevant section of Lieberman’s letter:

 התחלתי ג”כ בעבודה גדולה על שדה הירושלמי אבל הוכרחתי לעזוב אותה מפני שאי איפשר [!] לעבוד ב”ברכות” כל זמן שאינם יודעים [!] את כל הירושלמי עד “נדה” ורק בקיץ זה אחרי גמר הירושלמי שבתי עוד הפעם לברכות

The problem with my assumption that Lieberman’s project was Ha-Yerushalmi ki-Feshuto is that this book includes his commentary on Shabbat, Eruvin, and Pesahim, and in his letter he speaks of returning to Berakhot. Yet I didn’t know of anything else that could fit the description of a great project on the Yerushalmi during this time period. 

Dan Rabinowitz has, I think, provided the answer. He called my attention to Tovia Preschel’s article in Ma’amrei Tuviah, vol. 2, pp. 155-156. Preschel recounts that not long after Lieberman settled in Jerusalem in 1928, he was asked by R. Michel Rabinowitz to assist him in translating the Yerushalmi into Hebrew. Lieberman replied that he had never studied the Yerushalmi and he can’t translate a work that he doesn’t know. He asked for time to immerse himself in it, and for the next year and a half he completed the Yerushalmi a few times. In the end, the Hebrew translation did not appear, but I have to agree with Dan that it is this project that Lieberman is referring to in his letter to Ginzberg, not Ha-Yerushalmi ki-Feshuto.

2. Since I mentioned RIETS earlier in this post, let me add the following. In 2022 the ArtScroll biography of R. Yitzchok Scheiner appeared, authored by Nachman Seltzer.[16] This book tells how R. Scheiner was living in Pittsburgh and was intending to attend a local university. However, a fundraiser for RIETS (i.e., Yeshiva College) was in Pittsburgh and convinced R. Scheiner’s parents to send him there. Seltzer, p. 30, includes all of one paragraph dealing with R. Scheiner’s time at Yeshiva College. I quote it here, followed by the two subsequent paragraphs.

The winter that Yitzchok Scheiner enrolled at Yeshivas Rabbeinu Yitzchok Elchonon was cold, dark, and dreary. Though he had been raised in Pittsburgh and was no stranger to the grayness and never-ending winter months, the young man came down with the kind of cold that turned into something more serious and that he couldn’t seem to shake.

The illness that plagued him for so many months would turn out to be a blessing in disguise, because it forced him to find a place to convalesce.

In those early years, Jewish camps suitable for yeshivah bachurim were few and far between, which is why, come summertime, Yitzchok Scheiner found himself on a bus headed up to the mountains, to the one and only Camp Mesivta, founded by the legendary R. Shraga Feivel Mendlowitz. It was a summer that would change his life.

Seltzer continues by describing how at camp R. Scheiner was influenced to enroll in Torah Vodaath at the end of the summer. Interestingly, the book never refers to Yeshiva College, only Yeshivas Rabbeinu Yitzchok Elchonon, but R. Scheiner was enrolled in the college, in addition to studying in the yeshiva.

According to Seltzer, R. Scheiner was only at Yeshiva College for less than one academic year, for he tells us that he enrolled in the winter. As far as I know, this is incorrect, and he was at Yeshiva College the entire academic year 1939-1940. In fact, he was on the chess team and was even chosen as the captain.

This page from the Yeshiva College yearbook, Masmid 1940, can be seen here.

What complicates matters is that R. Scheiner himself said that he was at Yeshiva College for two years (and this was after a semester at the University of Pittsburgh, a point which is not mentioned by Seltzer).[17] According to the records of the University of Pittsburgh, Office of the University Registrar, Isadore Leon Scheiner attended the University of Pittsburgh for a semester in 1938-1939, during which time he took seven classes (I presume that the semester ended in January.) Even if R. Scheiner entered Yeshiva College for the spring 1939 semester, his time there would have been three semesters, not two years, so presumably when he said “two years” he was not being exact. By fall 1940 R. Scheiner – who was on track to graduate in 1942 – had left Yeshiva College. We know this because the Sep. 18, 1940 issue of the Yeshiva College Commentator mentions that he is no longer there.[18]

In discussing his time at Yeshiva College, R. Scheiner states: “When I got there, I discovered that the other students did not take Torah learning as seriously as I wanted to or as seriously as some of the rabbeim wanted them to, so I left.”[19]

Interestingly, in an interview that appeared on Matzav.com here, R. Scheiner does not mention that he attended Yeshiva College, or perhaps this was censored by Matzav.com:

Where did the Rosh Yeshiva learn in his youth?

HaRav Scheiner: I learned in the United States, in Yeshivas Torah Vodaas, from Rav Reuven Grozovsky zt’l, Rav Boruch Ber’s son-in-law and from Rav Shlomo Heiman zt’l. There was a group of students who would go to Lakewood to hear Rav Aharon Kotler’s shiurim and I sometimes joined them. Some of them stayed on afterwards to learn there permanently, among them HaRav Elya Svei. The Rosh Yeshiva, Rav Reuven Grozovsky, made my shidduch.

R. Scheiner would later teach at the Etz Chaim Yeshiva in Montreux, Switzerland, where he developed a close relationship with R. Jehiel Jacob Weinberg who lived in the town. For R. Scheiner, it was a great privilege to be in such close proximity to one of the gedolei Yisrael, and they spent much time together “talking in learning.” When R. Scheiner moved to Jerusalem, they continued their relationship by mail, with many Torah letters going from one to the other.

Here is a never-before publicized picture of R. Weinberg, together with R. Scheiner. The man in the middle who is speaking is R. Meir Just of Amsterdam. I thank Israel Bollag for sending it to me. (In a future post I will include more unknown pictures of R. Weinberg, including some in color.)

Unfortunately, the only mention of R. Weinberg in Seltzer’s book is in the following paragraph (p. 81).

There were other great Torah scholars teaching at the yeshivah in Montreux alongside Rav Yitzchok. One of them was R’ Betzalal Rakow, who would later be appointed rav of Gatesehad, England. R’ Yechiel Yaakov Weinberg, also known as the Seridei Eish, also spent time in the yeshivah.

R. Weinberg never officially taught at the yeshiva, although he would sometimes give the opening shiur of the semester. I assume this is what Seltzer means by “spent time in the yeshivah.” The real problem with the paragraph is that it makes it seem as if these three figures were colleagues, and at the same level. The truth is that both R. Scheiner and R. Rakow regarded R. Weinberg as a rebbe of sorts, which is understandable, especially as he was decades older than them.

3. In my last post here, I linked to a lecture from Professor Isadore Twersky that I found at the University of Scranton. Dr. Marc Herman called my attention to another video here in which Prof. Twersky appears. Unlike the video I posted, in this video you can hear Prof. Twersky very clearly. I was at Harvard when this presentation took place, yet I had no idea that Twersky was ever on this panel.[20] I think people will find it interesting that the moderator is none other than Alvin Bragg, the current Manhattan District Attorney. Prof. Harvey Mansfield also appears and is provocative as always (this time saying that grade inflation came about because of Affirmative Action).

4. Earlier in the post I mentioned Mordecai Kaplan, so here is a good place to add another point about him. Kaplan’s father, R. Israel, was close to R. Isaac Jacob Reines. (Mordecai Kaplan was actually born in Svencionys, where R. Reines had served as rav.) This explains why Kaplan, who had already been ordained by the Jewish Theological Seminary, turned to R. Reines when he wished to acquire a semikhah from a well-known rabbi. Everyone who writes on this matter refers to Kaplan traveling to Europe on his honeymoon after his June 2, 1908 wedding, at which time he also received semikhah from R. Reines who was then serving as rav in Lida.[21] People have generally assumed that he traveled to Lida to receive the semikhah.

In 1994 Jacob J. Schacter published a picture of R. Reines’ semikhah, dated 28 Elul, 5668 (Sep. 24, 1908). From this document we see that Kaplan actually met R. Reines in Frankfurt, and that is where they “spoke” in learning, following which R. Reines gave him semikhah. Schacter writes: “While traveling through Frankfurt he met his father’s old friend, Rabbi Yizhak Reines, spent some time with him, and received rabbinic ordination from him.”[22] This is based on Kaplan’s own recollection where he writes: “I had the opportunity to meet the late Rav Yitzhak Reines in Frankfort-on-the-Main and to obtain the requisite Hatarat Hora’ah from him.”[23]

Did Kaplan just happen to be passing through Frankfurt while on his honeymoon? The answer is no, and I’m happy to share something that is completely unknown: Kaplan was actually in attendance, together with R. Reines, at the 1908 Frankfurt Mizrachi conference. Here is the report of the conference in the Sep. 4, 1908 issue of the Cracow newspaper Ha-Mitzpeh. Kaplan is mentioned in the first paragraph.

5. In Hakirah 32 (2022), I published a number of letters from R. Joseph B. Soloveitchik. One of them was sent to Professor Marvin Fox who had asked the Rav about the synagogue he attended, Agudas Achim of Columbus, Ohio. The synagogue had recently built a new building and instituted mixed seating.[25] Fox also turned to R. Mordechai Gifter. Here is R. Gifter’s letter to Fox.

Here is a draft of a Hebrew letter from Fox to the Rav.

It is not known if Fox ever sent the Hebrew letter, or if he sent an English one. I would presume the latter, as the Rav’s reply, that appears in Hakirah, is in English. 

Fox’s archive also contains the following English letter. In the Rav’s June 1955 letter in Hakirah, he is responding to Fox’s 1955 question about praying in a synagogue without a mechitzah (i.e., Agudas Achim). The letter below is from a later period and asks about praying in the synagogue’s beit midrash, in which no women are present. (As Fox’s son Avi informed me, Fox was at Harvard during much of 1956; this letter to the Rav is from when he returned to Columbus after his time in Boston.)  Fox’s archive does not contain a reply to this letter.

Here is the letter that Fox sent to Rabbi Samuel Rubenstein, the rabbi of Agudas Achim.

 

Fox’s reference in the Hebrew letter concerning the synagogue of R. Leopold Greenwald—of Kol Bo al Avelut fame—as not having a regular mehitzah is of interest. R. Greenwald was a strong opponent of anything smacking of reform. He himself spoke strongly against mixed seating in the synagogue and would never enter a synagogue with such an arrangement. Yet his own synagogue, Beth Jacob, against his wishes also decided to remove the mehitzah. Since it still kept separate seating, R. Greenwald felt that he could remain as rabbi even though he was not happy with the situation.[25]

While Beth Jacob remained in the Orthodox fold, and would later reinstall a regular mehitzah, in 2004 Agudas Achim decided to affiliate with the Conservative movement.

All the letters published above are found in the Marvin Fox Papers, Box 11 and Box 29, Brandeis University, and appear here courtesy of the Robert D. Farber University Archives and Special Collections Department, Brandeis University.

Since in this post I mention both R. Bernard Revel and R. Mordechai Gifter, let me add one more point regarding them. In 2011 Milei de-Igrot, vol. 2, appeared. This contains the letters between R. Gifter and his rebbe at RIETS, R. Moshe Aharon Poleyeff.

In addition to all the Torah the volume contains, it also offers us insights regarding both of these rabbis’ personalities and the history of Orthodoxy in the U.S. and Lithuania. Here is p. 168.

 

 

 

In addition to describing the incredible effect that Telz had upon him, R. Gifter also levels strong criticism against the אדמון running Yeshiva College who is destroying young people by exposing them to heresy. This refers to R. Revel who had a red beard. In fact, R. Aharon Rakeffet informed me that the opponents of R. Revel used to refer to him in a disgusting way as the “reiter hunt”.

6. In my last post I had the following quiz questions:

1. Which Hebrew book was the first one to use footnotes (and the footnotes even used Arabic numerals)?

2. Point to a halakhah on Pesach that the Shulhan Arukh decides in accord with the Rosh, while the Rama records the practice in accord with the Rif and the Rambam.

The answer to no. 1 is R. Noah Hayyim Zvi Hirsch Berlin, Ma’yan ha-Hokhmah (Rodelheim, 1804).[26] No one answered this question.

The answer to no. 2, which a few people answered correctly, is found in Shulhan Arukh, Orah Hayyim 474. Here R. Joseph Karo rules like R. Asher ben Jehiel, cited in Arba’ah Turim, Orah Hayyim 474, that there is no blessing on the second and fourth cups of wine at the Passover seder. R. Moses Isserles rules like the Rif, Pesahim 24a in the Alfasi pages, and the Rambam, Mishneh Torah, Hilkhot Hametz u-Matzah 8:5, 10, that one recites the blessing on all four cups.

*********

[1] “Pesukei Mikra she-be-Talmud,” Jeschurun 4 (1923), pp. 43-47, available here,“Le-Heker ha-Talmud ha-Yerushalmi,” ibid., pp. 109-112, available here, ibid., 5 (1924), pp. 18-20, available here.

[2] See Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York, 2005), p. 8.

[3] (Jerusalem, 2014), p. 46 n. 151.

[4] Amudim be-Toldot ha-Sefer ha-Ivri: Be-Sha’arei ha-Defus, p. 48, n. 161.

[5] “Od ‘le-Tikunei Girsaot be-Sifrei,’” Tarbiz 3 (1932), p. 466.

[6] See B. M. Lewin, ed., Alumah (1936), p. 156. This source and the prior one are listed in Tovia Preschel’s bibliography of Lieberman’s writings here. While this is a very complete bibliography, it omits one source that is completely unknown, and which fans of Lieberman will certainly want to examine. Here is a short article by Lieberman that appeared in Otzar ha-Hayyim 10 (1934), pp. 83-84.

[7] In the article in Jeschurun, “Le-Heker ha-Talmud ha-Yerushalmi,” p. 110, “A. Rosenberg”  states that the Jerusalem Talmud to Kodashim is lost, and he does not mention Friedlaender. Regarding the Yerushalmi Kodashim, I recently found that R. Mordechai Vorhand, Be’er Mordechai, p. 152, states that he is not going to take a stand regarding its authenticity. This is quite strange as Be’er Mordechai appeared in 1927 and the forgery had already been established for a number of years. Even stranger is that R. Menahem Mendel Kirschbaum, Menahem Meshiv, vol. 2, p. 8, also cites the Yerushalmi Kodashim. His responsum is from 1933 and Menahem Meshiv, vol. 2, was published in 1938. How could anyone at this late date still cite the Yerushalmi Kodashim? Interestingly enough, R. Kirschbaum disputes “the commentator’s” (i.e., Friedlander’s) understanding of the passage he is dealing with. Of course, “the commentator” is none other than the author (forger) of this passage, who presumably knows what he himself intended. This point is made by R. Shlomo Yosef Zevin, Soferim u-Sefarim, vol. 1, p. 307. In Menahem Meshiv, vol. 1, p. 163 (published in 1936), R. Kirschbaum shows that he is aware of the forgery, so he must have assumed that despite the forgery, some of the Yerushalmi Kodashim published by Friedlander is authentic. This explains how in Menahem Meshiv, vol. 1, pp. 70, 234, he cites Yerushalmi Bekhorot as authentic. R. Yeruham Fishel Perla states that portions of the Yerushalmi Kodashim are indeed authentic, while Friedlander forged the rest. See his edition of R. Eshtori ha-Parhi, Kaftor va-Ferah, p. 145b.

[8] “Toldot ha-Nusah shel ha-Talmud ha-Yerushalmi: Iyunim be-Kit’ei ha-Genizah,” Tarbiz 87 (2020), p. 610 n. 70.

[9] See Ira Robinson and Maxine Jacobson, “When Orthodoxy was not as Chic as it is Today”: The Jewish Forum and American Modern Orthodoxy,” Modern Judaism 31 (Oct. 2011), pp. 285-313.

[10] Regarding Lieberman and the herem against Kaplan, see my Saul Lieberman and the Orthodox, pp. 19-20. See my post here for the text of the herem against Kaplan. Here is a tidbit that is not generally known: As late as 1945, when Kaplan’s theological views were public knowledge, he was still a member of the Rabbinical Assembly’s Committee on Jewish Law. See David Golinkin, ed., Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970 (Jerusalem, 1997), vol. 1, p. 155.

 

[11] See here, here, and here.

[12] See Adler’s article in the Elfenbein Jubilee Volume, pp. 9-14. Adler twice says that Elfenbein studied nine years at RIETS, but this is an obvious mistake, and is contradicted by the dates in Adler’s own article.

[13] For an earlier post in which I deal with young rabbis, see here. R. Ovadya Hoffman called my attention to another young rabbi (I also mention Hoffman in the post just linked as he noted an additional young rabbi): It is reported R. Yitzhak Isaac Katz (1753-1787) was thirteen years old at his marriage and was also appointed rabbi of Koretz at this time. His Wikipedia entry is here. The information about him becoming rav at age thirteen in found here in the biographical introduction to his Zikhron Kehunah (Lvov, 1863). I don’t know of any other examples of a thirteen-year-old who served as the official rav of a community. In the Encyclopaedia Judaica entry on R. Meshullam Roth (called “Rath” in the EJ), written by R. Mordechai Hacohen, it states that he was ordained at the age of 12 by R. Isaac Shmelkes and R. Jacob Teomim. This detail is not found in any of the sources listed in the bibliography so it is hard to know where R. Hacohen came to this information. One of the descendants of R. Roth told me that he never heard that R. Meshullam received semikhah at age 12.

[14] Aaron Rakeffet-Rothkoff, Bernard Revel: Builder of American Jewish Orthodoxy (Jerusalem/New York, 1981), p. 30.

[15] For more on student restlessness at RIETS and the 1908 student strike, see Gilbert Klaperman, The Story of Yeshiva University (London, 1969), chs. 5-7 (on pp. 115ff. he discusses the Elfenbein group); Hayyim Reuven Rabinowitz, “60 Shanah li-Shevitot bi-Yeshivat R. Yitzhak Elhanan,” Ha-Doar, June 14, 1968, pp. 552-554. See also Eli Genauer’s Seforim Blog post here which includes R. Baruch Shapiro’s recollections of the 1908 student strike.

[16] Nachman Seltzer, Rav Yitzchok Scheiner: The Life and Leadership of the Kamenitzer Rosh Yeshivah (Brooklyn, 2022).

[17] See the Pittsburgh Post-Gazette, May 1, 1998, p. A-14; Samuel Heilman, Defenders of the Faith (Berkeley and Los Angeles, 1992), p. 262. Chapter 17 in Heilman’s book is an interview with R. Scheiner, and as Heilman informed me, R. Scheiner told him that was at Yeshiva College for two years. He must have also provided this information to the Pittsburgh Post-Gazette. See also here.

[18] This page from the Commentator was posted by Dovi Safier here.

[19] Heilman, Defenders of the Faith, p. 262. I have corrected Heilman’s spelling of “rabbaim” to “rabbeim”.

[20] Regarding Twersky, I found it interesting that in a recent article Levi Cooper refers to him as a “noted academic and hasidic master.” See Cooper, “Jewish Law in the Beit Midrash of Hasidism,” Dine Israel 34 (2020), p. 63.

[21] See e.g., Mel Scult, Judaism Faces the Twentieth Century: A Biography of Mordecai Kaplan (Detroit, 1993), pp. 26, 96.

[22] Jacob J. Schacter, “Mordecai M. Kaplan’s Orthodox Ordination,” American Jewish Archives 56 (1994), p. 6.

[23] Ibid., p. 7. Schacter , ibid., also writes that R. Reines did not rigorously examine Kaplan, and therefore the semikhah should not be “considered an indication of any advanced talmudic scholarship on Kaplan’s part.” This reminded me of something interesting regarding the name “Mordechai”. According to Tosafot, Menahot 46b, s.v. amar, the name Mordechai was a second name given to those who showed great intellect and knowledge: בקיאים בעלי שכל ומדע. See also Tosafot, Bava Kamma 82b, s.v. ve-al:

דכל אותן שהיו בקיאים ברמזים ובלשונות היו נקראים על שם מרדכי לפי שהוא היה ראש וחכם להכיר

In Italy, people with the Hebrew name Mordechai were often named Angelo in Italian. This is likely because of the rabbinic identification of the biblical Mordechai with the prophet Malachi (and Malachi is akin to מלאך, i.e., “angel”). See Megillah 15a; Moshe David Cassuto, Ha-Yehudim be-Firentzi bi-Tekufat ha-Renesans, trans. Menahem Hartom (Jerusalem, 1967). p. 183.

 

R. Yudel Rosenberg, R. Mordechai Elefant, and Sexual Abuse

Marc B. Shapiro

1. Many readers of the Seforim Blog are aware of R. Yudel Rosenberg, the fascinating talmid chacham and posek who for some reason was also drawn to forgeries. Ira Robinson has recently authored a complete biography of Rosenberg, A Kabbalist in Montreal: The Life and Times of Rabbi Yudel Rosenberg. This wonderful book is certainly deserving of a complete review on the Seforim Blog, but here I would just like to comment on a criticism of me.

On p. 219 Robinson discusses the letter of R. Hayyim Hezekiah Medini that Rosenberg included in his Sha’arei Zohar Torah.

The letter of Rabbi Medini as published by Yudel Rosenberg has been challenged as a forgery by Rabbi Yaakov Hayyim Sofer, David Zvi Hillman, and Marc B. Shapiro on the grounds that some linguistic elements of the letter are foreign to Rabbi Medini’s style and may well have come from the pen of Rabbi Rosenberg.

In the note to this passage, Robinson refers to my Seforim Blog post here, where in addition to mentioning the points made by R. Sofer,[1] I write:

Let me also add that the way Medini (=Rosenberg) concludes the forged haskamah is not like any of his other letters, which are included in Iggerot Sedei Hemed (Bnei Brak, 2006). In the authentic letters, before his name Medini always adds הצב”י or הצעיר, which he does not do in the forged haskamah. In his authentic letters, he also never closes them by adding to his name רב ומו”ץ בעיר הקדש חברון. Therefore, there can be no doubt that the letter of approbation sent by Medini to Rosenberg is simply another one of the latter’s forgeries.

Robinson states (p. 219 n. 25):

On one of his points Shapiro is mistaken. He wrote in his blog: “In the authentic letters, before his name Medini always adds ha-tsa’ir, which he does not do in the forged haskamah.” In Yudel Rosenberg’s work, the Medini letter does close with yedido ha-tsair.

Here is the haskamah, and indeed Robinson is correct that הצעיר appears. I can’t explain why I wrote otherwise.[2]

Since we are discussing the forged haskamah, let me add two additional points relating to the final lines. I looked through all the letters in Iggerot Sedei Hemed and in none of them does this expression appear:

כנפשו הטהורה וכנפש ידידו

Furthermore, R. Medini always adds הי“ו or less commonly ס“ט after his name. Both of these are missing here.

While on the topic of forgeries, let me mention something else. In my post here I deal with the notorious forger, Chaim Bloch. One of the forgeries I mention is his creation of an alternate version of שפוך חמתך in the Passover Haggadah. In Bloch’s forgery, instead of “Pour out Your rage upon the nations that do not know You,” followed by more lines beseeching God to destroy the wicked ones, a more universalist formulation is found that begins with שפוך אהבתך. This forgery, which Bloch claims is from a 1561 Worms manuscript, reads as follows:

Pour out Your love on the nations who have known You and on the kingdoms who call upon Your name. For they show loving-kindness to the seed of Jacob, and they defend Your people Israel from those Who would devour them alive. May they live to see the sukkah of peace spread over Your chosen ones, and to participate in the joy of Your nations.

This translation is taken from R. Jonathan Sacks’ Haggadah (The Applebaum Edition), p. 120. Unfortunately, Sacks did not know about the history of Bloch and thought he was dealing with an authentic text. Sacks introduces the phony prayer as follows:

In one manuscript from Worms, 1521, there is a unique addition to the Haggada alongside “Pour out Your rage.” It is a prayer of thanks for the righteous gentiles throughout history who, rather than persecuting Jews, befriended them and protected them at times of danger.

3. Readers of the Seforim Blog might recall that on a few occasions I cited passages from the memoir of the late R. Mordechai Elefant, Rosh Yeshiva of Itri and builder of a vast Torah empire. These were the first times that passages from the memoir that he dictated appeared in print. I was then one of the few people who had a copy of the memoir, and a number of readers can attest that I did not agree to share it with them because I did not have permission from the person who gave it to me. Subsequently, Mishpacha got a copy of it and published some selected (and “touched up”) portions.[3]

In September 2019, R. Pini Dunner[4] published the memoir and you can view it here (Although this site says May 1, 2013, in reality Dunner only uploaded it in 2019.)

Dunner writes:

Rabbi Elefant’s candid memoirs are startling, not just because they reveal much that one would hardly have expected from a top-tier Rosh Yeshiva, but even more because of the very frank revelations he willingly shared regarding the background to his extraordinary life.

I distinctly recall his many sardonic observations about life and people; he was a true iconoclast who had clearly never read the memo about how senior public servants should express themselves, and particularly rabbis. At the same time, he was an extraordinary scholar, who could lecture on any Talmudic topic, without prior warning, to discerning peers and students, dazzling them with both his vast knowledge and his keen intellect.

Those who examine the Elefant memoir will come away shocked that the author was a leading rosh yeshiva. R. Aharon Rakeffet’s response after completing the memoir was that R. Elefant was “fifty percent gadol, fifty percent gangster.”[5] One thing is sure: R. Elefant was one of the most fascinating Torah scholars in recent memory, and there really was no one like him.

Anyone who reads the memoir must wonder why R. Elefant would have wanted himself to be remembered in the way the memoir describes. Certainly, no one whose only exposure to R. Elefant is through his Torah works could imagine the author’s colorful life. In fact, in R. Elefant’s posthumously published Mi-Zahav Mordechai he is described on the title page as שר התורה הגאון האמיתי.

R. Elefant was obviously an unusual person, and as with other writers of memoirs in rabbinic history (e.g., R. Leon Modena, R. Jacob Emden, R. Elijah David Rabinowitz-Teomim), he was an independent thinker who did not believe in following the herd. R. Elefant, as with all memoir writers, wanted us to learn about his experiences and views, things we would not know about if we only looked at his yeshiva persona.

I asked R. Nathan Kamenetsky about R. Elefant after I read the memoir, and I gave R. Kamenetsky a copy of it. (R. Kamenetsky worked closely with R. Elefant in Itri). But I did not know R. Elefant, so anything I suggest will be speculation.

When I finished reading the memoir, and was wondering why R. Elefant would want all this unusual information made public, I thought of two possible reasons. The first is pride, to show that one can be a talmudic scholar—and R. Elefant was an authentically great one—and at the same time be “with it”, that is, to be able to travel around the world and have relationships with all sorts of unusual people. Looking at matters this way, the memoir can perhaps be seen as subversive, in that although R. Elefant lived in one world, and had great respect for the rabbis of that world, he also happily lived in another world and wanted to show people how he did it.

The other possibility I thought of is that R. Elefant actually felt guilty about how he lived his life, and the memoir was his way of making matters right, as it were. He was a rosh yeshiva and was therefore given great respect. He was also close to a number of gedolei Yisrael. Perhaps R. Elefant felt uncomfortable in his role, where he was regarded as a שר התורה and a גאון אמיתי, since unlike the other roshei yeshiva and gedolim, his life was not one of “only Torah.” Is it possible that R. Elefant was putting it all out there to set the record straight, that is, to let people know who he really was, because in the end he felt guilty that he was placed in the same category as other roshei yeshiva? Could it be that R. Elefant, who had so many interests and couldn’t be happy spending his life entirely in the beit midrash, felt guilty being compared to the roshei yeshiva and gedolim whose entire lives were focused only on Torah study and spiritual improvement? I can’t help but think that if R. Elefant had children, and was busy raising them, he wouldn’t have had his wanderlust and need for adventure.

R. Elefant himself tells us that in addition to his “lamdan side,” he also has a “shaygetz (irreligious) side” (p. 40). I cannot imagine any other rosh yeshiva saying such a thing about himself. R. Elefant’s “shaygetz side” was not something that most would have known about had he not revealed it, and it is this side of him that people have found shocking. Obviously, R. Elefant knew they would find it shocking, yet he still wished to make it public. My sense is that he was a man of truth, and did not want to pretend. He wanted people to know what he was about, with all of his complexity.

I think it is very telling that after mentioning his “shaygetz side,” R. Elefant adds, “Thank G-d that side of me didn’t manifest itself in my students.” This line shows that, at the end of the day, R. Elefant was not very proud of this side of him, which I think lends credence to my suggestion that the memoir was his way of setting the record straight so that the world not think of him as someone he was not. (A close student of R. Elefant told me he liked this suggestion.) Also noteworthy is that right at the beginning of the memoir, R. Elefant states: “But I don’t kid myself. I know I’m not a spiritual model for my students, nor do I ever make out that I am.” 

Even if I am wrong in discerning R. Elefant’s ultimate motivation, memoirs by their nature provoke thoughts in the reader, and the two suggestions I mention are what the memoir brought to my mind.

There are those who knew R. Elefant who believe that one must distinguish between his younger days, when he was completely engrossed in Torah study, and later in life when he realized that he had a knack for raising money. It was then that he started traveling the world and hanging out with celebrities, politicians, and other colorful characters. Some will regard this as a limud zekhut for the entire bizarre and eye-opening memoir. Others will probably say that while R. Elefant raised a lot of money and built a Torah empire, the toll it took on him, as seen in how he chose to portray himself in his own memoir, shows that it was not worth it.

The copy of the memoir that Dunner placed online has become internationally famous, and you have to love the title he gave it: “An Elephant Never Forgets”. Yet Dunner’s copy is missing the first page, so let me provide it now.

In Dunner’s copy the handwriting on p. 59 can’t be read. Here are pages 58-59 from my copy so you can see the passage in its entirety.

The first thing to note is that R. Elefant’s claim that Saul Lieberman felt that he should have been made chief rabbi, and because he didn’t get this he went to JTS, is completely mistaken (as is much else in the memoir). R. Kook died in 1935 when Lieberman was 37 years old. At that young age he certainly never had any thoughts of becoming chief rabbi. The language “first chief rabbi of Israel” also doesn’t make any sense, as Lieberman left Israel for JTS when it was still Palestine.

Lieberman was actually a big supporter of his friend R. Isaac Herzog’s candidacy for the Chief Rabbinate. (Even when he was in Ireland, R. Herzog was a member of the advisory board of the Harry Fischel Institute which Lieberman headed at the time of R. Kook’s death.[6]) Chaim Herzog writes that his grandfather, R. Samuel Isaac Hillman, and Lieberman “organized a small campaign staff” to support R. Herzog’s election.[7] When R. Herzog was chosen, Lieberman was one of the signatories on the document proclaiming him Chief Rabbi. (I thank the late R. Eitam Henkin for sending me this.)[8]

R. Elefant then refers to R. Avraham Yisrael Moshe Solomon as a noted talmid chacham. Yet he was never a rav in Shanghai and he was not the father of Rabbi Baruch Shimon Solomon of Petah Tikvah. The story dealing with R. Kook, which is a famous one, is also mixed up. What was said to the Brisker Rav—and there are different versions concerning who said it—is that in R. Kook’s eyes all Jews are like family, and that is why he is so friendly with them. The version R. Elefant offers makes no sense, as R. Solomon’s comment to the Brisker Rav does not follow from what the Brisker Rav told him. In the note on the left side of the page, someone added [9]: “By R’ Kook every Yid is מבשרך אל תשעלם.”

The story at the bottom of the second page is unfortunate and does not make R. Elefant look good, as we see that he did not know of the view that one can cook in a keli sheni. This was obviously what Lieberman held, and this was also the view of R. Chaim Soloveitchik and R. Joseph B. Soloveitchik. R. Hershel Schachter writes as follows in Nefesh ha-Rav, p. 170:

במשנה ברורה (סי‘ שי“ח ס“ק ל“ט) הביא דעת כמה מן האחרונים להחמיר שלא לעשות תה, אפילו בכלי שני. ורבנו אמר בזה הלשון – שהסבא שלו היה מדקדק במצוות, והיה משתמש בשקיות תה בכלי שני, ואף הוא היה נוהג אחריו להקל בזה ג“כ

The story is also unfortunate as all R. Elefant had to do was ask Lieberman why he was using the tea bag in a keli sheni, and he would have been given the answer. Although one can criticize Lieberman’s association with the Jewish Theological Seminary, it is not every day that one is in the presence of someone with indescribable knowledge of Bavli, Yerushalmi, Tosefta, and Midrash. I would have assumed that R. Elefant would have taken advantage of the time he was with Lieberman for something more constructive than rebuking him.

4. In his recent Seforim Blog post here, Edward Reichman mentions R. Judah Messer Leon and his book Nofet Tzufim which was published in 1475. He also mentions that Nofet Tzufim was the answer to one of my earlier quizzes, where I asked what was the first Hebrew book published in the lifetime of its author. See here. In his post, Reichman discusses another fascinating book, R. Abraham Portaleone’s Shiltei ha-Giborim (Mantua, 1612 [Reichman mistakenly gives the date as 1607]). This book also has the honor of being “a first,” for it was the first Hebrew book to use European punctuation, including the question mark.[10]

5. The Chaim Walder affair has once again brought the issue of sexual abuse to the limelight. It also looks like the fallout from this event, unlike earlier scandals, will have a real impact in the haredi world, as many rabbis really are taking the issue seriously. What is needed is a scholarly study of how rabbis over the years have responded to the issue of sexual abuse. I am not referring to a work designed to condemn the rabbis for not doing enough, but to an academic study that would show how responses have changed over the years, how some rabbis took the matter seriously and other did not, and how with more understanding of the effects of sexual abuse rabbinic attitudes began to change.

One example of the sort of sources that would be used in such a study is R. Elijah Rabinowitz-Teomim (Aderet), Ma’aneh Eliyahu, no. 32. The Aderet deals with a case where a girl was raped by two young Jewish men. Her family wanted to report this to the police so that the rapists would receive a fitting punishment. However, the Aderet tells us that he convinced the family not to make a public issue of the matter, so as to prevent a hillul ha-shem, and to avoid confrontation with dangerous people.

דברתי אל לבם להשקיט הדבר, לבל יתחלל שם ישראל בעמים מהפקרות ופריצות צעירי הנערים, לאנוס ולנאוף ולחלל שבת ולרצוח, וגם יש סכנה בדבר לריב עם עזי פנים כמותם, ושמעו אלי

The first reason, avoidance of hillul ha-shem, certainly remains a significant factor today in the desire to keep matters of sexual abuse from being publicly aired.

Another relevant ruling, which shows how matters were handled in the past by a truly great figure, is found in R. Menachem Mendel Schneersohn (the third Lubavitcher Rebbe), Tzemah Tzedek, Yoreh Deah, no. 237. R. Schneersohn was asked the following question: A rabbi was playing with a נער on Purim and stuck his hands into the pants of the youth. The rabbi claimed that he did so because he (the rabbi) was unable to perform sexually. He thought that this was due to his small testicles, and he wanted to see if he was unusual in this regard. In other words, the rabbi was conducting a medical examination on the youth, and one can only wonder how many other boys were also subjected to this rabbi’s examinations. R. Schneersohn decided that the rabbi should not be removed from his position, as he provided a good explanation for his behavior.

What we see from these responsa (and others can be mentioned) is how much attitudes have changed in modern times. Our response would be very different than that of the Tzemach Tzedek, and I think we all would find the “justification” the abusive rabbi offered to be ludicrous, but that is only because we have been exposed to many things, including crimes perpetrated by trusted religious figures, that people in the Tzemach Tzedek’s day could never have imagined.[10]

6. As this post has discussed forgeries, I must call attention to a bombshell new book with wide-ranging implications by R. Moshe Hillel. It is titled חזון טברימון and makes a strong case that R. Yaakov Moshe Toledano created many forged documents. Often we think of forgers as shady characters, however R. Toledano was a respected rav who held a number of important positions, including Chief Rabbi of Tel Aviv. In the election for Sephardic Chief Rabbi of the State of Israel, he lost to R. Isaac Nissim. R. Toledano was also a posek who authored the responsa volume Yam ha-Gadol.

It is beyond depressing to think that such a distinguished person could have been responsible for numerous forgeries. If Hillel’s claim is found to be accurate, a good of deal of scholarship, which relies on documents published by Toledano, has to be thrown out. This is every scholar’s nightmare, that the conclusions he or she reaches are based on fraudulent information.

Hillel also argues that the location of R. Moses Hayyim Luzzatto’s grave in Tiberias, which has become a popular pilgrimage site, is an invention of R. Toledano who created a phony “tradition”. For some initial discussion of Hillel’s book, see here where you can also download the book. Those interesting in purchasing a copy should contact Eliezer Brodt.

7. This summer my Torah in Motion trips resume. You can find information about them here.

8. For those interested in my Iggerot Malkhei Rabbanan, copies are still available at Mizrahi Book Store here.

9. Some years ago, I discovered at the University of Scranton a VHS tape of a 1985 lecture from Prof. Isadore Twersky. (I had already known of this lecture, as when I arrived in Scranton one of my colleagues mentioned to me how unusual it was that Twersky sat for his presentation.) I turned the VHS into a DVD, and a few weeks ago I had the tech people at Scranton turn it into a digital file and upload it to the University of Scranton’s YouTube channel. You can see the video here. This is the only video of a Twersky lecture to be found on the internet, and I am sorry that the sound is not so good. I don’t know whose idea it was to set up an Israeli flag next to Twersky as he spoke. If you look at the beginning of the video you can see that Twersky was actually sitting right in front of a cross, so maybe someone thought that a Jewish star was also needed. I know of only one other video where you can hear Twersky speaking, and that is found here where he introduces Chaim Grade.

Quiz

1. In section 4 I mentioned some bibliographical firsts, so for a quiz question I ask the following: Which Hebrew book was the first one to use footnotes (and the footnotes even used Arabic numerals)?

2. For those who would like a different sort of quiz question: Soon it will be Pesach, so please point to a halakhah on Pesach that the Shulhan Arukh decides in accord with the Rosh, while the Rama records the practice in accord with the Rambam and the Rif.

Answers should be sent to me at shapirom2 at scranton.edu 

***********

[1] I did not refer to R. David Zvi Hillman’s letter which appears in Etz Hayyim 10 (5770), p. 379.
[2] As mentioned, Robinson’s book deserves an extensive review, but here is one bibliographical point. On pp. 134ff., Robinson discusses R. Shlomo Zalman Auerbach’s correspondence with Rosenberg concerning the halakhic status of electricity. Robinson states that R. Auerbach’s Jan. 8, 1935 letter that strongly criticizes Rosenberg’s approach is unpublished. Yet the letter actually appears in R. Auerbach’s Meorei Esh ha-Shalem (Jerusalem, 5770), pp. 368ff.
[3] Mishpacha, Dec. 18, 2013.
[4] See here. Even before Dunner published the memoir, his copy was circulating and was placed online in June 2019. See here.
[5] Listen here at minute 72.
[6] See Sefer ha-Yovel for Harry Fischel (Jerusalem, 1935), Hebrew section, pp. 11, 20, English section, p. 8.
[7] Chaim Herzog, Living History (New York, 1996), p. 28 (called to my attention by Rabbi Jacob Yellin). According to Chaim Herzog, Lieberman would become his parents’ closest friend. See Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York, 2005), p. 52.
[8] In 1935 R. Herzog was a candidate for the chief rabbinate of Tel Aviv. The other candidates were R. Joseph B. Soloveitchik and R. Moshe Avigdor Amiel. It is of interest that the Hazon Ish supported R. Herzog’s candidacy. See Dov Eliach, Be-Sod Siah (Jerusalem, 2018), pp. 258-259. One might have expected R. Meir Berlin (Bar-Ilan), the great Mizrachi leader (and Lieberman’s father-in-law), to have supported R. Herzog or R. Amiel as they were both leading figures in Mizrachi, while R. Soloveitchik had no Mizrachi connections at this time. Yet because of his familial connection to R. Soloveitchik, Berlin put his support behind him. In a Nov. 10, 1935, letter from R. Herzog to Lieberman, R. Herzog writes as follows regarding the lack of support from Berlin, whom he calls מנהיגנו הנערץ והאהוב:

 

אין בלבי שום תרעומות עליו כי סוף סוף הרב הנ“ל הוא קרובו ובל תדין את חבירך וכו‘, ועוד כי בודאי עשה מה שעשה בלב שלם וטהור מתוך הכרתו הפנימית

You can see the letter here where a number of letters from the Lieberman archive have been uploaded. The source of these letters is not indicated, which means that they were not uploaded in accordance with the regulations of the Jewish Theological Seminary Library.
[9] תשעלם should be written תתעלם, and the passage comes from Isaiah 58:7. The verse actually has לא instead of אל. Yet a number of early rabbinic sources cite the verse with the word אל, so this was probably found in their texts. Indeed, critical editions of the book of Isaiah (Kittel, C.D. Ginsburg) report that many manuscripts have אל. Yet it is interesting that even though the verse appears with לא in every Tanakh printed today, rabbinic authors continue to cite the verse with אל. In fact, the Tolna Rebbe makes a big deal about how the first letters of מבשרך אל תתעלם spell אמת. See Tanḥumekha Yesha’ash’u Nafshi: Tolna (Jerusalem, 2004), pp. 235, 405, 506, 698.
[10] See Cecil Roth, The Jews in the Renaissance (Philadelphia, 1959), p. 315.
[11] R. Solomon ben Adret, She’elot u-Teshuvot ha-Rashba, vol. 1, no. 571(b), deals with a case where a woman accused her husband, who was also a rabbi, of: 1. sexually abusing their son, 2. having sexual relations with his slave, 3. being a heretic. However, in this case it is not clear that the woman was to be believed, as she made the accusations as part of her dispute with her husband. Things got so bad that she hired a non-Jew to bring her accusations before the government, knowing that if she was believed her husband would be burned. (She clearly wanted to get rid of him for good.) This case is discussed by Norman Roth, Jews, Visigoths and Muslims in Medieval Spain (Leiden, 1994), pp. 195-196.

 Gelatin, Abraham Goldstein, R. Moses Isserles, and More

Marc B. Shapiro

Continued from here

Among the matters I discussed in the previous post were gelatin and consumption of the human body as part of a medical cure. Believe it or not, consumption of human parts not in the context of medicine is mentioned in a short responsum of R. Joseph Kafih. R. Kafih was asked if it permissible to drink various non-Jewish milk products and also gelatin produced from non-kosher animals. He is strict when it comes to milk—and apparently unaware of the widespread rabbinic approval in the United States for regular milk—but lenient regarding gelatin.[1] Incredibly, he assumes that some gelatin comes from human bones, and he believes that it is halakhically preferable to consume this instead of gelatin from animals (although the latter is kosher as well).

Here is an image of the letter sent to R. Kafih and his reply, followed by a transcription of the relevant sections.

האם מותר לאכול כיום:

חלב עכו“ם, אבקת חלב עכו“ם, חמאת עכו“ם, ג‘לטין המיוצר מנבלות וטרפות (במיוחד במוצרים המיובאים מחו“ל בהשגחת הרבנות הראשית)?

חלב גוים נאסר במנין, ואין להתירו. אמנם רבני אמעריקא התירו אבקת חלב בשעתו, והרבנות כאן סמכה על כך בזמנו, אך אין להתיר חלב גוי על סמך התר זה. חמאת גוים מותרת כמ“ש הרמב“ם מפני שכבר הלכו צחצוחי חלב שבה. ”ג”לטין‟ לדעתי אין להחמיר בו, בפרט העשוי מעצמות אדם. כי בשר האדם עצמו בעשה להרמב“ם, ולאחרים אפלו מצות ”פרוש‟ אין בו. וכל שכן עצמותיו.

In the comments to the last post, two people referred to the responsa of R. Nahum Zvi Kornmehl as a source regarding gelatin. In the first part of R. Kornmehl’s Tiferet Tzvi, vol. 1, there is a long discussion about gelatin, and it is here that R. Aharon Kotler’s responsum on the topic first appeared. R. Kotler’s letter and other letters found in the sefer also deal with a “kosher gelatin” that was produced by Barton’s candy. R. Kornmehl was the mashgiach of Barton’s so it makes sense that he would be involved in this halakhic issue. What many people might not realize is that R. Kornmehl’s brother-in-law was Stephen Klein, the owner of Barton’s. (Everyone over 50 can certainly remember Barton’s, especially on Passover. Many children, myself included, went house to house taking Barton’s Passover orders. Depending on how much you sold, there were all sorts of great prizes.)

While it was obviously perfectly acceptable for R. Kornmehl to involve himself in the halakhic research regarding Barton’s gelatin, would any of our rabbis today accept a situation where the mashgiach of a factory is a close relative of the owner? I think they would say that this defeats the entire purpose of a mashgiach, whose job is to ensure that kashrut standards are at the highest level, and he is therefore not supposed to have any close personal connections with the owner.

Here is a picture of R. Kornmehl at the Barton’s factory, from Rabbi A. Leib Scheinbaum, The World that Was America 1900-1945 (Brooklyn, 2004), p. 415.

Returning to Abraham Goldstein, one can imagine what he would have said had he been told about R. Moses Isserles’ responsum, no. 54. Here R. Isserles states that there is no halakhic problem consuming olive oil that was stored in containers in which they used pig lard to smooth the surface. (He later notes that there is even stronger support for this ruling if there is only a suspicion, but no certainty, that they used lard on a particular barrel). This ruling by R. Isserles is the exact sort of thing that today we would be told is absolutely forbidden, and Goldstein certainly would have attacked any hashgachah that followed the Rama in this matter.

Interestingly, R. Hanokh Henoch Meyer of Sassov could not accept that the Rama would allow us to eat something that might have pork residue, and he therefore adopted the old approach when confronted with “problematic” texts, namely, asserting that this responsum was not written by R. Isserles. Rather, some student must have been responsible for it, as it is impossible for R. Meyer to believe that R. Isserles would write something that in his mind is so obviously incorrect.[2] R. Judah Leib Landau, in his well-known work Yad Yehudah, Yoreh Deah 103:20 (Perush ha-Arokh), also has his doubts that R. Isserles could have written the responsum:

ובאמת הדבר הוא לפלא מאוד אם יצאו כלל דברים אלו מפי קדשו של הרמ“א ז“ל

This is the exact approach that was adopted by some in explaining another responsum of R. Isserles, where he justified those in his day who drank non-Jewish wine.[3] There is also another difficult and controversial responsum of R. Moses Isserles—see the discussion on the Seforim Blog here—and in this case R. Yitzhak Hutner also denies that the responsum was written by R. Isserles.[4]

R. Isserles’ opinion in responsum no. 54 is based on the fact that any pork residue would be less than 60, and also that the pork taste is to be regarded as something detrimental to the dish (noten ta’am lifgam). This is indeed a difficult point to understand, as why should pork be noten ta’am lifgam? You can look around and see that lots of people enjoy it. R. Shimon Grunfeld goes so far as to say that it was only because of R. Isserles’ great holiness, which caused him to view pork with such disgust, that he could make the error of seeing pork as noten ta’am lifgam.[5]

עוד דבר אחד חידוש פלא שכתב ששומן חזיר הוא פוגם בכל דבר כמו נבלה מוסרחת עיין שם, והיא תמיה גדולה שהרי אנו רואין כל העכו“ם וכל השרים אוכלים אותו והוא עולה על שלחן מלכים. הן אמת שנפש איש ישראל קצה באכילת חזיר אבל הוא רק משום איסורי של תוה“ק שאסרה אותו ולכן כל איש ישראל כשרואה חזיר הוא מואס אותו אבל בשביל זה לא חשוב נטלפ“ג דנטלפ“ג היינו שמצד עצם הדבר הוא פוגם . . . ופשוט דאין לסמוך בזה על התשו‘ הנ“ל, ובודאי שומן חזיר אוסר עד ס‘ או יותר כפי הרגשת הטעם, והרמ“א ז“ל ברוב קדושתו מחמת איסור התורה על בשר חזיר הי‘ קצה ממנו כ“כ עד שפלטה קולמסו לכתוב שאינו אוסר משום שהוא פוגם

In his discussion about how pork is noten ta’am lifgam, R. Isserles also says something which I found strange. He writes:

דשאני חזיר דדבר מאוס הוא ביותר מכל שרצים שבעולם, עד שאמרו לא יאמר אדם אי אפשי בבשר חזיר וכו‘ ולא אמרו שאר שרצים, ש“מ דזה גרע טפי

R. Isserles cites a passage from Sifra, Kedoshim 9:10, which is quoted in Rashi, Leviticus 20:26, that one should not say that he is repulsed by pork, and that is why he doesn’t eat it, but rather he doesn’t eat it because of the Torah’s command. (Rashi’s version is different than what is found in our versions of the Sifra, and also what is quoted by R. Isserles, but the point is the same.) R. Isserles sees it as significant that of all the non-kosher foods that could have been cited, it is pork that is used as an example, which he believes shows that it is the most repulsive of the non-kosher foods.

The reason I find R. Isserles’ point strange is that R. Isserles’ understanding is the exact opposite of how the passages in Sifra and Rashi are usually understood. The common way of understanding, and I don’t know of anyone who has a different approach, is that you should not say that you are disgusted by pork, and that is why you are not eating it. On the contrary, there is nothing wrong with pork and it is undoubtedly quite tasty. However, we do not eat it because God commanded us not to. This reading appears explicitly in both the Sifra and Rashi, Here is what Rashi states:

רבי אלעזר בן עזריה אומר מנין שלא יאמר אדם נפשי קצה בבשר חזיר, אי אפשי ללבוש כלאים, אבל יאמר אפשי, ומה אעשה ואבי שבשמים גזר עלי

This is very different than R. Isserles’ understanding that the rabbinic teaching reinforces the point that we should have a natural aversion to pork, even though the reason for abstaining from it is due to God’s command.

After mentioning how we don’t eat pork, the passage continues in Rashi (and this is also how it is quoted in the Rambam, Shemonah Perakim, ch. 6, but not in our version of the Sifra) that the same lesson is applied to the wearing of sha’atnez. We shouldn’t say that we have no desire to wear it, but on the contrary, we should feel that it would be nice to wear it but we cannot because of the divine command. The Sifra also adds the same point about sexual relations, that we do not avoid it because we are repulsed. Rather, we would enjoy this but abstain because of the divine command. Since the passage cites both pork, sha’atnez, and forbidden sexual relations to teach the same lesson, and there is no natural aversion to sha’atnez and sexual relations, it is clear that just as we might wish to wear sha’atnez and have forbidden relations but avoid them because of the mitzvah, so too one should assume that eating pork would be enjoyable. However, we avoid it because of the mitzvah.

The Rambam elaborates on this point in Shemonah Perakim, ch. 6, and he specifically cites the rabbinic passage we have been discussing. He goes so far as to say “that a man needs to let his soul remain attracted to them [pork, sexual relations, etc.] and not place any obstacle before them other than the Law.” What this means in practice is next time you see lobster in the supermarket, don’t be repulsed by it and think it is disgusting. The Rambam, following the Sages, is telling us that we should say “wow, that looks good. I would really enjoy eating it but the Torah says I can’t.” Easier said than done, I realize, but that is what the Sages and the Rambam have told us.

Returning to R. Moses Isserles, the Taz, Yoreh Deah 108:4, quotes another ruling of his that today would not be regarded as acceptable. R. Isserles testifies that the practice was to buy certain food items cooked by non-Jews in their non-kosher pots (Torat ha-Hatat 35:1):[6]

המנהג להקל לקנות מן הגוים דברים המבושלים בכליהם שאין בהם משום בישול גוים (הוא) [הואיל] וסתם כליהם אינן בני יומן, ואע“פ דנותן טעם לפגם אסור לכתחלה, מכל מקום לא חשבינן הקנייה לכתחלה, לכן נוהגים היתר פה קראקא לקנות האגוזים של מים שמבשלים הגוים, או שאר דברים

Regarding other leniencies of R. Isserles, R. Zerach Eidlitz[7] is quoted as saying that it would have been OK for R. Isserles to have omitted all the humrot he records if he also omitted two particular kulot: non-glatt meat (Yoreh Deah 39:13) and that it is permitted to eat worms found in cheese (Yoreh Deah 84:16):

נוהגים בתולעים של גבינה לאכלן אע“פ שקופצין הנה והנה על הגבינה אבל אם פירשו לגמרי אוסרין אותן

Returning to Goldstein, he would have been outraged by other halakhic leniencies mentioned by outstanding poskim, but again, he approached matters using logic and intuitive feelings, while the halakhic rules do not always fall into line with this. For example, R. David Ibn Zimra, She’elot u-Teshuvot ha-Radbaz, no. 1032, defends eating meat together with sugar that was cooked with milk. He states that this is permissible because the milk is batel. R. Hayyim Vital testifies that R. Isaac Luria would himself eat such sugar with meat.[8] Not only would Goldstein have protested against this leniency, but to my knowledge there is no kashrut agency today that would give a hashgachah to a meat product that includes sugar cooked with milk.

Another famous responsum which Goldstein would not have been able to accept—and I know that many Orthodox Jews today also would not be able to accept it—is Noda bi-Yehudah, Yoreh Deah, tinyana,[9] no. 56. Here R. Yehezkel Landau permits a drink produced by non-Jews that included a small amount of non-kosher meat (assuming the meat is 1/60 or less). The meat did not add a taste, and R. Landau ruled that it was batel, meaning that the drink was kosher. I could go on with other such examples but I think you get the point, which is that when it comes to kashrut, great halakhic authorities have come to conclusions that are far from what the average Orthodox Jew would regard as acceptable.

The phenomenon of the masses sometimes having stricter views than the rabbis is an old story. In fact, I once spoke to R. Aharon Felder about kitniyot. At the time, R. Felder was the halakhic authority for the KOF-K. As is well known, kitniyot is batel be-rov (see e.g., Mishnah Berurah 453:9), so I asked him why the KOF-K does not put a hashgachah on products with corn syrup since it is batel. He replied: “The people don’t want it.” In other words, the people will not accept that something with kitniyot can be kosher for Passover, even if it is batel be-rov.[10]

R. Felder also told me that if he was asked he would tell people that there is no problem eating a product with kitniyot if it is batel be-rov. According to this approach, one is permitted to drink regular Coke on Passover, and this is indeed the pesak of R. Yitzhak Abadi. (The other issue that comes up with regular Coke is whether kitniyot derivatives are forbidden on Passover.) I realize that if you extrapolate the “halakhot” of kitniyot from Yoreh Deah halakhic principles about when bitul can be applied, there are sources that would be strict in dealing with kitniyot (as the kitniyot is put in as part of production, rather than accidentally falling in). But what is interesting, I think, is that pretty much all the rabbis I have asked about this have replied in the same way. Rather than explain why we don’t follow the principle that kitniyot is batel be-rov, they have stated simply that when it comes to Passover we are extra strict. (R. Hershel Schachter is an exception, and he told me that kitniyot intentionally put in the product is not to be regarded as batel.)

This issue was raised by R. Alfred Cohen a number of years ago:

With this in mind, we should take another look at the furor which in the past few years has arisen concerning chocolate and candy manufactured in Israel under the supervision of the Rabbinate. Many candies contain corn syrup as the sweetener: Should this be considered a problem for Ashkenazic Jews? Based on the principle that if kitniyot are less than half of the total the food may be eaten, many people see no reason why such candy should be avoided.[11]

Returning to the gelatin issue, we saw in the previous post that R. Yehuda Gershuni was one of the rabbis who gave the hashgachah on Jello. This is noteworthy, as in 1952 he wrote a lengthy article in support of the position of his father-in-law, R. Eliezer Silver, that gelatin is forbidden.[12] Either he later changed his mind or perhaps he never really thought gelatin was forbidden, but it was only out of respect for his father-in-law that wrote his lengthy article. It seems that only after his father-in-law died in 1968 did R. Gershuni publicly express his lenient opinion about gelatin. In addition to his hashgachah on Jello, R. Gershuni also gave the hashgachah to Hormel gelatin.[13]

Incidentally, I found another example where R. Gershuni significantly changed his position. In Ha-Pardes, June and August, 1957, R. Gershuni discusses Yom ha-Atzmaut. Surprisingly, knowing how Zionist he was, in these articles he is not very positive about Yom ha-Atzmaut. He even says that according to Nahmanides establishing this holiday is a violation of bal tosif. As for saying Hallel on Yom ha-Atzmaut, R. Gershuni brings a variety of sources according to which this is improper. Yet in 1961 he published an article with the exact opposite perspective, in which he writes of the great significance of Yom ha-Atzmaut and that Hallel should be recited on this day.[14]

Those who wish to see a video of R. Gershuni can view it here. As far as I can tell, this is the only video of him available online. It is from the 1990 Yom Yerushalayim celebration at Merkaz ha-Rav. You can also see R. Shlomo Fisher in attendance.

In addition to gelatin, my previous post dealt with some of the history of hashgachot in America in the 1930s. In those days, no one could have imagined all the different hashgachot we currently have, as well as the various products that are under kosher supervision. In previous posts here I already mentioned how you can now get toilet bowl cleaner with a hashgachah. Here is an American hashgachah.

And for those who live in Israel, here is one with an Israeli hashgachah (thanks to Stanley Emerson for the picture).

I also noted how in Israel you can buy lettuce with no less than six different hashgachot. See here. But it gets even better, as Shimon Steinmetz sent me this image which shows that you can now get romaine lettuce with seven different hashgachot. Do I hear eight . . . ?

Yet I don’t think Israel has what we have, namely, ant and roach killer under hashgachah. (It is pareve.)

(For those who are wondering, the date on upper right of the OU letters is the date that you view the document, not when the contract was signed.)

You can even get enzyme replacement injections under OU supervision. See here.

According to the OU, when they are “approached by companies whose products would not inherently need a hechsher, the OU tells them that certification is not necessary. But some companies request kosher certification because that will make Orthodox Jews more likely to buy them.”[15]

Interestingly, since today we take it for granted that all sorts of unnecessary hashgachot are found on various non-food items, in previous years this was seen in a very different light. In 1896 the New York newspaper Ha-Ivri, in an attack on the rabbinical board headed by R. Bernard Drachman, noted how the board had given hashgachot to salt, soap for washing clothes, and stove polish.[16] This scandalous charge was denied by R. Drachman, who noted that these hashgachot were given by a private individual, not his organization. R. Drachman writes as follows, and look how he describes the unnecessary hashgachot:[17]

ההכשרים המוזרים והמעוררים שחוק אשר רמזת עליהם לא מעשי הועד המה כי אם מעשי ידי איש יחיד

While we are on the subject of hashgachot, I think readers will find it of interest that the OU did not accept all the products certified by R. Soloveitchik in Boston, as his hashgachah did not always meet OU standards which had been established by R. Alexander Rosenberg. R. Berel Wein, who succeeded R. Rosenberg as rabbinic administrator of OU Kashrut, reports that he was constantly criticized for this as people thought it very disrespectful to the Rav that the OU did not accept his hashgachah in all matters. R. Wein, however, explains as follow:

In all my meetings with the Rav. I never discussed this sensitive matter with him. However, he once said to me, “As the rabbi of Boston, it is my duty to grant kashrut certification to products that are kosher, even if they don’t necessarily reach the highest standards of kashrut. I know you have to operate under a different set of rules. Don’t be troubled that the OU doesn’t use certain products I certify. I’m not troubled by it.” I never revealed that conversation to the Kashrut Committee, nor did I change OU policy.[18]

However, my question would be, how is the role of OU kashrut different than what the Rav was trying to do? Isn’t the goal of the OU also to ensure kashrut for all types of Jews? How is the role of a communal rabbi in giving a hashgachah for his community different than that of the OU, which is a nonprofit organization that exists to serve the larger Jewish community?

Since part 1 of this post discussed the OK hashgachah, it should be noted that at one time there were actually two hashgachot identified with the OK symbol. Here is an early OK symbol used by R. Harold Sharfman’s Kosher Overseers Association of America. (A different looking OK symbol was actually first used by his father, R. Hyman Sharfman, in 1927.)[19]

It later developed into what was called the Half-Moon K, surrounded by a circle.

This led to a lawsuit by the OK in the 1990s, with the result that the Half Moon K had to appear without the circle.[20] (I don’t know why, as we have seen on other occasions as well, a dispute between Orthodox rabbis was decided in a secular court instead of in a beit din.) After Rabbi Sharfman’s death, the Half-Moon K was taken over by the OU and its symbol was retired.

Sharfman authored a few interesting works focusing on American Jewish history. He also wrote the book, Global Guide to Kosher Foods and Restaurants (Malibu, 1990), from which the above pictures of the OK symbol were taken. The book’s title is not going to interest many, although the subtitle is more intriguing: “An Illustrated History of Kashruth in 20^th Century United States.” This is a very rare book and I recently was able to acquire a copy. I was surprised to find that it is really a fascinating work with some great pictures. Because it is so rare I have made a PDF of the book which you can see here.

When it comes to kashrut supervision in the United States, Roger Horowitz mentions an interesting point that in the 1950s there were rabbis who opposed supermarkets selling kosher meat as they claimed that it was forbidden for the meat to be sold on Shabbat.[21] The real reason for the opposition was presumably to protect the kosher butchers from competition, but the argument was not framed in this fashion. I think most will be surprised by such a stringent approach. After all, we don’t want Sabbath violators to also consume non-kosher meat, so why prevent them from buying kosher if they are in the supermarket on Saturday? Yet when asked by R. Yitzhak Zilberstein, R. Elyashiv ruled that if people are going on a trip on Shabbat, and want to order kosher food from a caterer for the trip, that the caterer should not provide them with the food even though this means they will eat non-kosher.[22]

Another surprising development in the kashrut world is that the OU has recently refused to give a hashgachah to a vegetarian product called Impossible Pork. See the Yeshiva World article here, and see also the Wall Street Journal article here. As the Yeshiva World reports, “[Rabbi Menachem] Genack clarified that although [the] OU certifies items related to pork such as Trader Joe’s ‘spicy porkless plant-based snack rinds,’ the agency decided that certifying a product called ‘pork’ was a red line they aren’t willing to cross right now.” 

In the Wall Street Journal article Rabbi Genack is quoted as follows: “The decision was based on the emotional reaction some kosher eaters have had to kosher-certified pork-related products in the past that also had no actual pork in them.” So now company kashrut decisions are based on people’s emotional reactions? Sounds crazy to me. The article continues: “Rabbi Genack of OU Kosher says he suspects that doubters might one day come around and allow faux pork to be certified as kosher.” I don’t understand this at all. Since when does the OU have to get approval from “doubters” to put a hashgachah on a product? Furthermore, I must note, there are already OU certified products that have the name “bacon” in them and are said to taste like the real thing. This includes Bacos (see here), Bacon Flavored Bits (see here), and even a product called Bacon Bits Milk Chocolate (see here). And of course, the Talmud, Hullin 109b, talks about the shibuta fish whose brain tastes like pork.[23]

Since we have been speaking about kashrut in America, let me make one final point about this. Many people are under the impression that it was Jewish emigration to America that led people to give up kashrut, I must therefore call attention to a fascinating article by Asaf Kaniel that shows that in the years 1937-1939 only one third of the Jews of Warsaw bought kosher meat. Granted, this was a very difficult period for the Jews of Warsaw, and had economic circumstances been different I have no doubt that most of these people would have been buying kosher. However, from the large number who abandoned kashrut, we can get a sense as to how tenuous their attachment to this mitzvah was, as it is always the case that during difficult times the ones who are not so attached to something are the first to give it up.[24] (Kaniel also has another valuable article that shows the growth of irreligiosity in Vilna in the early twentieth century.[25])

I know people will be shocked by hearing this, about Warsaw of all places. So let me note that in a 1937 interview given when he was in the United States, R. Elhanan Wasserman stated that religious life in Poland was worse than in America.[26]

2. In my last post I cited something from R. Shmaryahu Shulman who unfortunately recently passed away. In 1951 R. Shulman published his Be’er Sarim which contains hiddushim on the Talmud.

In R. Yitzhak Ruderman’s approbation he states that this is the first book of hiddushim on Shas published by an American-born author. Is this true? I am not aware of anything earlier. As far as I know, the first traditional rabbinic sefer (not hiddushim on Shas) published by an American-born author is R. Eliezer Zvi Revel’s Otzar ha-Sotah (New York, 1941).

R. Eliezer Zvi was the son of R. Bernard Revel.

Is there an even earlier sefer published by an American-born author? There is another sefer that I am aware of, but as it is not an original sefer, I gave Revel the honors. The other sefer was published by R. Bernard Drachman, who was born in New York in 1861. In 1907 he published an edition of Divrei ha-Rivot by R. Zerahiah ha-Levi and R. Abraham ben David, together with his commentary.

Who was the first American-born author to publish a book in Hebrew? This would appear to be Reuven Grossman (1905-1974; he later took the last name Avinoam). Born in Chicago, Grossman spoke Hebrew as his first language. His first book, Mi-Pi Olel (New York, 1915), containing essays, poetry, and the beginnings of a commentary on the Torah, appeared when he was ten years old. As far as I know, this makes him the youngest published Jewish author in history. One of the essays in the book was earlier published in a newspaper when Grossman was only eight years old. (I wonder how much help he had from his father who was a Hebraist.) You can find Mi-Pi Olel here.

The book contains a picture of the young author .

His next book, Ibim (New York, 1918), appeared when Grossman was thirteen years old. You can find it here.

Ibim also includes a picture of Grossman.

You can learn more about Grossman here and here, and in Yosef Goldman, Hebrew Printing in America (Brooklyn, 2006), p. 325.

3. In my last post, I gave a link to my Torah in Motion classes on Saul Lieberman. I also did a 53-part series on the sefer I published, Iggerot Malkhei Rabbanan. You can see it here. My four-part series on the escape of the Mir Yeshiva can be viewed here. My class on Torah study on Christmas eve is here; my class on kitniyot is here; my discussion of the Hazon Ish and R. Zvi Yehuda is here.

4. I can’t end the post without calling attention to an important new publication by Seforim Blog contributor, R. Bezalel Naor. Navigating Worlds is a collection of Naor’s essays that appeared from 2006-2020, including those that appeared on the Seforim Blog. As is to be expected, there are essays on R. Kook, further solidifying Naor’s standing as the leading expositor of R. Kook’s thought in English. There are also essays on a wide range of other topics including Maimonides, Kabbalah, and Hasidism, as well as discussions of passages in the Torah and Talmud, and book reviews.

In addition to the broad themes discussed, Navigating Worlds is full of individual items of historical and bibliographical interest. To mention just one of the many things I learned from the book, on p. 554 Naor cites a report from R. Uri Moinester in the name of R. Joseph Alexander, that R. Hayyim Soloveitchik told the latter that it had taken him two years to study Maimonides’ Guide.[27] This source should be added to what I mentioned in a previous post  here about R. Hayyim’s study of the Guide.[28]

* * * * * *

[1] In reply to a question from Tamir Ratzon, R. Kafih said that one should only eat a product with gelatin if there was no non-gelatin alternative. See Teshuvot ha-Rav Yosef Kafih le-Talmido Tamir Ratzon, ed. Itamar Cohen (Kiryat Ono, 2019) p. 306. This reply is more stringent than R. Kafih’s letter published in this post.
[2] Yad Hanokh, no. 23.
[3] See my Changing the Immutable, pp. 80ff., 95.
[4] See Sefer ha-Zikaron le-Maran Ba’al “Pahad Yitzhak,” p. 334.
[5] She’elot u-Teshuvot Maharshag, vol. 1, Yoreh Deah, no. 68. This source and the two prior sources I mentioned, Yad Hanokh and Yad Yehudah, are noted by R. Yaakov Hayyim Sofer, Zikhron Moshe, vol. 3, no. 38.
[6] See R. Hayyim Oberlander’s article in Or Yisrael 56 (Tamuz 5769), pp. 58-59.
[7] See Literaturblatt des Orients, August 12, 1848 (no. 33), p. 525.
[8] Sha’ar ha-Mitzvot, parashat Mishpatim (end).
[9] In this context, where it means “second,” the word תנינא is pronounced tinyana. See Daniel 7:5 where the word appears. In the Talmud, the word appears as תניינא so the pronunciation is obvious. Onkelos, Gen. 1:8, has תנין, and all the editions I checked vocalize it correctly as tinyan. Yet if you google “Orah Hayyim Tanina” or “Yoreh Deah Tanina” you will find lots of examples where the word תנינא is written as “tanina”. Yet this is an error as tanina is a completely different word and means serpent or sea monster.
[10] I heard a shiur from R. Asher Weiss, and in explaining why things became so strict with kitniyot, he quoted R. Shlomo Zalman Auerbach who once gave a heter that the people did not want to accept. R. Auerbach joked that it was a kula she-ein ha-tzibbur yakhol la’amod bah. In speaking about the standards of the Triangle K hashgachah, Timothy D. Lytton quotes one kashrut professional as follows: “It’s permissible under Jewish law, but it’s a standard that many people are not willing to accept.” Kosher: Private Regulation in the Age of Industrial Food (Cambridge, MA, 2013), p. 83. In speaking of how the Jewish masses will not listen to the greatest rabbis if they tell them to stop observing even a small custom, R. Reuven Katz refers to the German expression that the rabbi is a rabbi, but the regular Jew is a chief rabbi (Oberrabbiner, lit. “above the rabbi”). “Der Rabbiner ist ein Rabbiner, aber der Jude ist ein Oberrabbiner.” Dudaei Reuven, vol. 1, p. 32a, and see also R. Katz’s letter published in R. Avraham Yudelevitz, Hiddushei Beit Av (New York-Jerusalem, 2012), pp. 18-19.
[11] “Kitniyot,” Journal of Halacha and Contemporary Society 6 (Fall 1983), p. 71.
[12] See his article in Kerem, Tishrei 5713, pp. 9ff.
[13] In my prior post I published a responsum on gelatin by R. David Telsner. As Menachem pointed out in his comment to the post, this responsum (with some changes at the end) was mistakenly included in R. Gershuni’s Hokhmat Gershon, pp. 405ff., as if it were written by R. Gershuni. As the editor notes in the preface, because of R. Gershuni’s ill health he was not able to review the book before publication, and this explains how the Telsner responsum could end up in the book (a phenomenon we also know from other books of responsa).
[14] “She’elat Yom ha-Atzmaut,” in R. Shimon Federbush, ed., Torah u-Melukhah (Jerusalem, 1961), pp. 180-192.
[15] Kenneth Lasson, Sacred Cows, Holy Wars (Durham, 2017), pp. 135-136. Lasson also writes (p. 113): “The OU requires that at a minimum all of its mashgichim have Orthodox ordination (semicha) from a recognized rabbinic individual or institution and pray only in Orthodox synagogues.” Yet I know of people in out of the way places who have checked on factories for the OU and they are not rabbis.
[16] See Ha-Ivri, Sep. 11, 1896, p. 1; Harold Gastwirt, Fraud, Corruption and Holiness (Port Washington, N.Y., 1974), pp. 82-83. I once had a rebbetzin insist to me that laundry detergent requires a hashgachah as we put tablecloths in the wash.
[17] Ha-Ivri, Oct. 23, 1896, p. 1.
[18] Wein, Teach Them Dilgently (New Milford, CT, 2014), pp. 97-98. R. Wein also mentions that R. Moshe Feinstein sometimes favored the immigrant rabbis who offered private hashgachot—which was an important source of income for them—over the OU’s more “practical and progressive directions in kashrut” (p. 99).

In earlier years, there were Agudas ha-Rabbonim rabbis who criticized the OU’s hashgachah because there were many synagogues in the OU that did not have mehitzot. These rabbis claimed that you cannot trust an organization that allows non-mehitzah shuls to be part of it. In the 1930s the Agudas ha-Rabbonim rejected the kashrut reliability of the OU after it agreed to work with representatives of the Conservative movement in establishing reliable kashrut in America. See Gastwirt, Fraud, Corruption, and Holiness, pp. 166-167. As for Agudas ha-Rabbonim rabbis, there were those who gave hashgachot—this was how they made a living— but they personally did not eat from all the food under their hashgachah. (Growing up there was a rabbi in my town who told my father not to buy from a certain butcher, even though this butcher was under his hashgachah. The rabbi’s attitude was that the butcher was good enough for non-Orthodox Jews, but Orthodox Jews should not shop there, as he was not able to visit the store as much as he would have liked.) R. Nachum Eliezer Rabinovitch, Siah Nahum, p. 171, completely rejects such an approach.

ברור שאם הרב אינו אוכל מן המאכלים שהוא אמור להשגיח עליהם, דבר זה יגרום לזלזול וחילול השם ח“ו

[19] See Harold Sharfman, Global Guide to Kosher Foods and Restaurants (Malibu, 1990), p. 68.
[20] For the lawsuit, see here. Another example of the OK involved in controversy was when it put in a bid to control the proposed “dot-kosher” suffix for Web addresses. The OU, Star K, CRC, and KOF-K opposed the OK’s bid, with the OU stating: “We think that if the term kosher, which has important meaning in the Jewish religion, is commercialized, it will do a disservice to how religion in general should be treated and will harm the kosher public specifically.” See here, and Lasson, Sacred Cows, Holy Wars, pp. 146-147.
[21] Kosher USA (New York, 2016), pp. 190-191.
[22] Zilberstein, Avnei Esh, pp. 892-893.
[23] See here for Ari Zivotofsky and Zohar Amar’s attempt to identify this fish.
[24] Kaniel, “Bein Hilonim Mesorati’im ve-Ortodoksim: Shemirat Mitzvot bi-Re’i ha-Hitmodedut im Gezerat ha-Kashrut,” Gal Ed 22 (2010), pp. 75-106.
[25] “Al Milhamah u-Shemirat ha-Mitzvot: Vilna 1914-1922,” Gal Ed 24 (2015), pp. 37-74. Regarding Kashrut in Vilna, Kaniel notes that due to the difficult economic circumstances, there were occasions when the rabbis permitted butchers to sell non-kosher meat to non-Jews, as long as they were careful to keep the kosher meat separate from that which was non-kosher. See ibid., p. 61.
[26] See R. Wasserman’s Morgen Zhurnal interview included in Mi-Pihem shel Rabbotenu (Bnei Brak, 2008), p. 345.
[27] Moinster, Karnei Re’em (New York, 1951), p. 104 n. 1.
[28] Another source that should be added is Shulamith Soloveitchik Meiselman, The Soloveitchik Heritage: A Daughter’s Memoir (Hoboken, 1995), pp. 109-110, where in addition to discussing R. Hayyim’s interest in the Guide, she also mentions that he had R. Moses Soloveitchik promise never to read this work. “Even years later, when his children were attending the university and the book was part of the family library, Father never touched it. Father always kept a promise” (p. 110).

Gelatin, Supposed Retractions, and Abraham Goldstein, Part 1

Marc B. Shapiro

In my last post I quoted something from Mesorat Moshe and wondered whether R. Moshe Feinstein could have actually said that which is attributed to him. While the Mesorat Moshe series is quite valuable, whenever one deals with “table talk” there is always going to be the issue of how much authority do you give to such reports, especially compared with written texts of R. Moshe. Here is an example of what I am talking about.

In the new Mesorat Moshe, vol. 4, p. 191-192, R. Moshe Feinstein is asked why gelatin is forbidden, and he replies that it is because gelatin tastes good. Unfortunately, R. Moshe was given false information, as gelatin has no taste whatsoever. If this was all we had, then I think we could assume that R. Moshe should not be regarded as strict in this matter (since the strict ruling was based on an error). Yet in R. Moshe’s responsum forbidding gelatin, Iggerot Moshe, Yoreh Deah 2, no. 23, there is no mention of gelatin having a taste, so clearly this was not an important consideration for him in coming to a stringent decision. In other words, one whose only source of information in this matter comes from Mesorat Moshe will be misled. (In Iggerot Moshe, Yoreh Deah 2, no. 27, we see that R. Moshe did not know if gelatin has a taste.)

The gelatin issue has long been an interest of mine, both the halakhic and also the sociological angles. Those interested in how the gelatin controversy played out in the United States should examine Roger Horowitz’s wonderful book, Kosher USA. Chapter 3 is titled “The Great Jell-O Controversy”. The hashgachah on Jell-O was first given by Rabbis Samuel Baskin and Shimon Winograd. They later removed the hashgachah after being pressured by R. Eliezer Silver and other members of Agudas ha-Rabbonim. See R. Baskin and R. Winograd’s public statement here.

By the 1960s R. David Telsner was giving the hashgachah, and he was later joined by R. Yehuda Gershuni. (Incidentally, R. Telsner was the one who translated R. Soloveitchik’s Hamesh Derashot into Hebrew.) Here is a letter from 1975 in which these rabbis affirm that Jell-O is kosher.

Here is R. Telsner’s responsum permitting gelatin. This was printed by R. Telsner and distributed to those who wanted to know the basis for his permission. As far as I know, this responsum never appeared in any publication and it is not found on the internet.

When it comes to gelatin, there were great rabbis on both sides of the issue, and those who permitted it were able to point to the lenient position of R. Hayyim Ozer Grodzenski. Even among those rabbis who were lenient, there were disputes as to whether all gelatin is OK, including from pigskins, or only gelatin made from bones or hides of kosher animals. Not so well known is the report that R. Kook permitted gelatin.[1] Also of note is that in 1952 R. Simhah Elberg testified to the wide acceptance of gelatin in the Orthodox community:[2]

שכבר נתפשט היתר והותר ע”י גדולי וגאוני ארץ

R. Noah Sheinkopf has prepared the following list of poskim who permitted bovine gelatin. (I have not checked the sources.)

1) Rabbi Dovid Tzvi Hoffmann, Melamed L’Hoil, Y.D., #24 and #35 (By Inference)

2) Rabbi Mordechai Leib Winkler, Levushei Mordechai, Yoreh Deah Tineyna, #60

3) Rabbi Yehuda Leib Tzirelson, Lev Yehuda #39

4) Rabbi Ze’ev Bidnovitz, Divrei Ze’ev, vol. 18. #12

5) Rabbi Y.L. Graubart, Chavalim Baneimim, vol. 4. #23; (See also HaPardes, Aug. 1942, p. 19)

6) Rabbi Shmuel Pardes, Avnei Shmuel, Berurei Halacha, #19

7) Rabbi Yosef Konvitz, Divrei Yosef, vol. 1, p. 172

8) Rabbi Hayyim Ozer Grodzenski, Achiezer, vol. 3, #33, sec. 5; see also Avnei Shmuel, pp. 10-11

9) Rabbi Simcha Zelig Regeur (Brisker Dayan), printed in Kovetz Moriah, issue 400-402, p. 76-77

10) Rabbi Yitzchak Burstein, Mataamei Yitzchak, vol. 2, chap. 24-25

11) Rabbi Yosef Eliyahu Henkin, HaPardes, July 1952; Edus L’Yisrael, p. 177

12) Rabbi Yehuda Leib Seltzer, HaPardes, July 1952; Vezos L’Yehuda, O.C. #26

13) Rabbi Simcha Elberg, HaPardes, July 1952; HaPardes, October 1952 

14) Rabbi Nissen Telushkin (Chabad), Taharas HaMayim, vol. 1, chap. 54

15) Rabbi Nachum Weidenfeld, Chazon Nachum, #61

16) Rabbi Tzvi Pesach Frank, Har Tzvi, Y.D., #83

17) Rabbi Yechezkel Abramsky, introduction to Tzitz Eliezer, vol. 4; Chazon Yechezkel, Zevachim, Sh“ut #6

18) Rabbi Eliezer Waldenberg, introduction to Tzitz Eliezer, vol. 4; Tzitz Eliezer, vol. 20, #33

19) Rabbi Koppel Kahana, Teshuva B’Inyan Gelatin, 1966 (By Inference)

20) Rabbi Moshe Nosson Nota Lemberger, Ateres Moshe, vol. 1, Y.D., # 42-43

21) Rabbi Yitzchak Glickman, Kol Torah, Shana 13, Choveret 4

22) Rabbi Yosef Shalom Elyashiv, Kovetz Teshuvos, #73, sec. 3 (In terms of practical halakhah, for R. Elyashiv the crucial point is if some taste remains, but as long as it is rendered completely tasteless, then he identifies with the R. Hayyim Ozer Grodzenski’s lenient decision.)

23) Rabbi Ovadya Yosef, Yabia Omer, vol. 8, Y.D., #11

24) Rabbi Ben Tzion Abba Shaul, Ohr L’Tzion, vol. 5, #32, sec. 6 (By Inference)

25) Rabbi Shlomo Amar, Shema Shlomo, vol. 5, Y.D., #12

26) Rabbi Yechezkel Roth, Emek HaTeshuva, vol. 3, #67 (By Inference)

27) Rabbi Yisroel Yaakov Fisher, Even Yisroel, vol. 8, #56

28) Rabbi Yirmiyahu Menachem Kohen, V’Heirim Kohen, vol. 2, Y.D., #31; vol. 4, Y.D., #40

29) Rabbi Moshe Levi, Tefilla L“Moshe, Y.D., #4

30) Rabbi Almog Levi, Avnay Levi, Y.D., #1

31) Rabbi Yitzchak Mekayis and Rabbi Yaakov Mekayis, Ohr HaHalacha, Kuntres #3

32) Rabbi Amit Chadad, Pri Eitz Chaim, p. 529

33) Rabbi Moshe Dan Sheinkopf, a Vice President of the Agudas HaRabbonim, who certified Kojel until the late 1970s.

To this list from R. Sheinkopf, we can add R. Yaakov Ariel, Be-Oholah shel Torah, vol. 5, pp. 76-77, R. Eliezer Melamed, Peninei Halakhah: Likutim 3, pp. 352-353, R. Shlomo Aviner (see here) and R. Yitzhak Abadi (as seen on learn.oheltorah.com and prior to this on the old site, kashrut.org). R. Abadi’s view is particularly interesting as his teacher, R. Aharon Kotler, was one of the major forces behind the general rejection of gelatin in the United States. It is also noteworthy that for a short time in the 1950s the OU also approved of gelatin.[3] R. Avraham Vilner, in an earlier post at the Seforim Blog here, provides evidence that the Hazon Ish felt that one could rely on R. Hayyim Ozer Grodzenski’s heter for gelatin.

כשאמרתי למו”ר [הרב שמריה שולמאן] שראיתי הרבה חולקים על פסקו של רבי חיים עוזר בענין הג’אלאטין, וגם אלו שבדרך כלל לא היו פוסקים נגדו כמו הרב אליעזר סיבלר, בזה פסקו אחרית ממנו, אמר לי שהראש ישיבה הרב רודערמאן זצ”ל אמר לו, שהחזון איש אמר שעל כל פסקי רבי חיים עוזר אפשר לסמוך בלי שום פקפוק, חוץ ממה שהתיר לשמש במוך היכא שהסיבה לשימוש במוך הוא מצד האיש, שבזה א”א לסמוך

Ironically, it was Conservative Rabbi Louis Ginzberg who was mahmir, writing with great certainty:

I am convinced that no rabbinical scholar who is in a position to comprehend a problem in chemistry would ever permit the use of gelatin. . . . The late Rabbi Chaim Ozer Grodzinski was well known to me personally; as a matter of fact, his wife was a close relation to me, and I would certainly attach great weight to any decision by him on Jewish Law, but not in a case for which some knowledge of chemistry or physiology is necessary.[4]

On the other hand, Conservative Rabbi Isaac Klein, who was one of only three people to receive private semikhah from Ginzberg—the other two being Louis Finkelstein and Boaz Cohen—permitted gelatin.[5]

Returning to Mesorat Moshe and the problems with oral reports, I saw something relevant in R. Yehuda Spitz’s comprehensive new book, Food: A Halachic Analysis. The matter under discussion is whether one can use the same dishwasher for meat and milk utensils. R. Moshe has a number of responsa where he says that this is permissible as long as you have separate dish racks. His first responsum on the topic appears in Iggerot Moshe, Orah Hayyim 1, no. 104, and is from early 1957. It is the second part of one of his famous responsa on bat mitzvah, and was sent to R. Baruch Aharon Poupka of Pittsburgh. (For some reason, the heading of the responsum only mentions bat mitzvah, not the dishwasher question). R. Moshe’s answer is short and to the point:

ובדבר הכלי החדשה [!] לרחץ את הכלים שנקרא בשם “דיש וואשער” אם יכולין לרחוץ שם כלי בשר וכלי חלב זה אחר זה. הנה צריך שמה שבתוכו שהוא על מה שמניחין הכלים, שיהיה לכלי בשר אחרים ולכלי חלב אחרים, ועצם הדיש וואשער שמשימין בתוכו הדבר שמניחין עליו הכלים שהוא רק הדפנות שסביבותם יכולין להשתמש בו לשניהם בזה אחר זה

This is a very simple reply, and it is not possible to misunderstand what R. Moshe is saying. R. Moshe later sent two other responsa where he explains his reason for requiring separate dish racks (Iggerot Moshe, Yoreh Deah 2, nos. 28, 29). In the latter responsum, he mentions that different water should be used for the milk and meat washings. (In the earliest dishwashers you could use the same water more than once.) He states that he did not mention this point in the original responsum because in any event those who have a dishwasher change the water between cycles. He specifically tells us that he is referring to householders, not that anyone would have any doubt about this.

ובפרט שזמן גדול בהרבה שעות יש לכל בעה“ב מרחיצת כלי חלב עד רחיצת כלי בשר ולא ישאירו שם המים סרוחין זמן כזה

In this responsum, R. Moshe also recommends running an empty rinse cycle between milk and meat dishes. R. Moshe repeats his basic position in a couple of other responsa,[6] and a simple internet source will reveal that lots of people have discussed R. Moshe’s view and there is no room for misunderstanding.

R. Spitz, Food: A Halachic Analysis, p. 70, quotes someone who spoke to R. Moshe about his “dishwasher leniency.” According to this person, R. Moshe explained that everyone misunderstood what he wrote, and his view that one can use the same dishwasher with separate racks was only stated regardingcommercial dishwashers. However, when it comes to the home, one cannot use the same dishwasher, even with separate racks. Based on this report, R. Spitz writes, “If so, there is ample reason to be stringent, certainly lechatchilla, regarding using the same dishwasher for both milk and meat dishes.”

I have to say that testimony such as this has absolutely no halakhic significance. There is indeed reason to be stringent, based on the views of other poskim (and most people do not seem to follow R. Moshe’s heter of two dish racks). However, if all we had was this report, it would not lead us to ignore R. Moshe’s explicit position in his responsa.

We have many examples of such statements, where a posek supposedly said something privately that completely contradicts what he said in print. In such cases, one cannot rely on these supposed retractions or statements of clarification, except in very rare cases where the author makes his opinion widely known or the person reporting the retraction is a universally recognized Torah scholar[7] (although even in the latter case we cannot always rely on the scholar reporting the supposed retraction).[8] I have no way of knowing what the man R. Spitz quotes was told by R. Moshe. It could be that he completely misunderstood what R. Moshe said. It could also be that R. Moshe had a reason for telling this person what he did, as perhaps R. Moshe thought that this man should hold to a higher level. But it is simply incorrect to suggest that R. Moshe was not referring to a home dishwasher when all can see that he certainly was. R. Spitz himself, p. 71 n. 23, recognizes that R. Moshe was referring to home dishwashers. He also cites R. Baruch Moskowitz, Ve-Dibarta Bam, vol. 2, no. 244, that R. Dovid Feinstein also explained his father’s position as referring to home dishwashers. You can also listen to R. Shmuel Fuerst, a leading student of R. Moshe, explain the matter here.

Quite apart from my point just mentioned, that reports of private conversations that contradict a posek’s written opinion do not have halakhic significance, I must again stress the larger problem raised by books like Mesorat Moshe which is how much significance we should give to works that report oral teachings of great rabbis. Since we have so many examples of contradictory reports and incorrect statements in such texts, I think it is obvious that even such a wonderful work as Mesorat Moshe has to be used carefully, and in no way can it be seen as rising to the level of authority of what R. Moshe himself wrote.

Returning to the gelatin issue, Horowitz tells the story of Abraham Goldstein (1861-1944), who really should be given the title of originator of industrial hashgachot in the United States. Here is his picture.[9]

It was Goldstein who was behind the OU’s kosher certification program and who established the agreements with the early companies. He was also the OU’s “chemical expert,” yet as Horowitz notes, he has been completely erased from the OU’s institutional memory.[10]

In 1935 he broke with the OU and founded the OK Laboratories. This would be sold in 1969 to Rabbi Berel Levy, and would then become a universally recognized hashgachah. However, this was not the case when Goldstein was in charge, and it is when Goldstein founded the OK that the controversial period of his life begins. This was because Goldstein, who was not a rabbi and had no expertise in Jewish law, set out to determine what was kosher and what was not. He made it clear that in determining what was kosher, chemists (such as himself) were a more reliable source than rabbis, as the latter did not understand food technology and were mistakenly giving approval to non-kosher food items. Goldstein had a very simple approach to the matter: If a product had any non-kosher element in it, it was treif and forbidden to be eaten. The notions of bitul or that the non-kosher food had so changed its form were not considerations he paid any attention to.[11] He also did not rely on rabbis whom he felt were not careful in such matters. Thus, he refused to accept the hashgachot issued on Coke by R. Samuel Pardes, editor of Ha-Pardes, and later by R. Tuvia Geffen.[12]

As Horowitz notes, R. Geffen was not happy with R. Pardes’ hashgachah on Coke because the drink included 0.09 percent glycerin from a non-kosher source. This is a very tiny amount—less than 1 in 1000—which according to halakhah is batel, and thus of no halakhic significance. Yet there are some fundamental questions involved here. One is if the tiny amount of non-kosher is put in as part of production, rather than accidentally falling in, do we still say that it is batel? Most authorities assume yes, so from this angle R. Pardes would have been on firm ground to declare the drink kosher. However, there is another issue, and that is can you officially give a hashgachah to an item relying on bitul, especially when the company will then be advertising the product as kosher? This can certainly be seen as distasteful and perhaps even bringing us to a situation of ein mevatelin issur lekhathilah (as the kashrut organization is now involved with the company).

R. Geffen believed that Coke should not be given a hashgachah as long as the non-kosher glycerin was not replaced with a kosher alternative. In fact, as far as I can see, R. Pardes himself never argued that it is acceptable to rely on bitul in issuing a hashgachah, since he flatly declared—mistakenly it turns out—that there were no non-kosher ingredients in Coke (that is, he was not saying that the non-kosher ingredients were of no halakhic significance).[13]

Goldstein had nothing but contempt for the way the old-time rabbis went about issuing hashgachot, and R. Pardes’ hashgachah on Coke was just another illustration of this. In speaking of R. Pardes, Goldstein wrote that “such men undermine the very foundation of our religion” and “there is no room for such scoundrels in decent company.” To reiterate, this was not a dispute between two rabbis but rather a layperson with no yeshiva training declaring that a learned rabbi did not understand the basic laws of kashrut. As far as the rabbis were concerned, the chutzpah here was unbelievable, and this was doubled by the fact that Goldstein’s Kosher Food Guide, which included all sorts of important information about kosher food together with Goldstein’s attacks on various rabbis, had a circulation of 150,000.[14] Significantly, Goldstein refused the OU’s demand that his publication be reviewed by rabbinic scholars.[15] Goldstein believed that when it came to modern food technology, he should be the one telling the rabbis what was kosher, not the reverse.

As Horowitz describes, Goldstein ratcheted up his attacks on R. Pardes after the latter gave a hashgachah to Junket, a product that was used to make a custardlike desert but which contained rennet that came from calves that were not ritually slaughtered. R. Pardes also received the backing of the OU for both his Junket hashgachah and his hashgachah on gelatin. (In 1952, after R. Eliezer Silver’s expressed a stringent opinion regarding gelatin, the OU removed its endorsement.[16])

Here is an ad from Ha-Pardes, April 1938, for Junket, with R. Pardes’ hashgachah.

Here is an ad from Ha-Pardes, April 1943, for Carmel gelatin, with R. Pardes’ hashgachah.

Here is an ad from Ha-Pardes, April 1943, for Kojel gelatin, with R. Judah Leib Seltzer’s hashgachah.

In Goldstein’s opinion, the fact that the OU would support R. Pardes when it came to Junket—he was no longer alive when the OU approved of gelatin—only showed how low his former organization had fallen and how little it understood of food technology. For Goldstein, it was not only a sign of ignorance on the part of R. Pardes and the OU, as he also wondered if there was financial corruption involved. Addressing R. Pardes, Goldstein asked, “How much money has been paid for this false Hekhsher.” Turning to the OU, he asked if any them “participated in the division of this money.”[17] When it came to the issue of gelatin—which had great rabbis on both sides of the issue—Goldstein expressed his ire over Jello-O advertisements in the Jewish press, stating that these advertisements “are not only deplorable from a Jewish religious standpoint,” but were “an outrageous attempt to smuggle an absolutely trefa article into Jewish homes.”[18] He later repeated his warning regarding other brands of gelatin: “Neither Carmel, Emes, or Kojel gelatines can be used in Orthodox homes. They are trefa gelatines, despite the Rabbinical Heckshers.”[19] So here we have a layperson declaring that a product endorsed by leading American rabbis was “absolutely trefa.”

It was one thing for a rabbi who opposed the kashrut of gelatin to say such a thing, but to have a halakhically unlearned layperson setting himself up as the arbiter of what is, and is not, kosher was too much for the rabbinic leadership in the United States. Now it was no longer a question about the kashrut of Junket and gelatin—both of which R. Eliezer Silver himself would later reject—but respect due to talmidei hakhamim. As far as the rabbis were concerned, it simply was unacceptable for a layperson to establish himself as an authority when it came to kashrut. The most that he could do was supply information to the rabbis so they could make the proper halakhic decisions, but to publicly challenge the rabbis about their scientific facts and halakhic interpretations went over the line, and it was time for the rabbis to put Goldstein in his place. Here is the public statement issued by Agudas ha-Rabbonim and the Rabbinical Board of Greater N.Y.[20]

This is the English translation of the following Hebrew proclamation that appeared in Ha-Pardes, August 1939, p. 16.[21]

Almost ten years later it was Goldstein’s son, George, who was running the OK after the death of his father. He too was causing problems for R. Pardes. In Ha-Pardes, January 1948, p. 21, R. Pardes attacked the younger Goldstein, referring to him as הנער החצוף.

Despite the virtual herem on Abraham Goldstein, I agree with Horowitz[22] that at least to some extent Goldstein was posthumously vindicated. While the notion that a layperson could challenge learned rabbis in halakhic matters was never countenanced (and this is presumably the reason why Goldstein is completely absent from the OU’s institutional memory), Goldstein’s other point, that knowledge of chemistry and food technology is vital for kosher supervisors, has been accepted by all the mainstream hashgachot. Furthermore, despite the opposition of the rabbis to Goldstein’s OK, it remained a popular hashgachah with a wide following. In fact, until the mid-1950s, the OK supervised more products than the OU.[23]

One can only imagine Goldstein’s reaction had he heard of a pesak of the famed R. Ishmael ha-Kohen of Modena (1723-1811) in his Zera Emet, vol. 2, no. 48. The question is as follows:

נשאלתי מהו ליתן רפואה לחולה שאין בו סכנה חתיכות עגולים קטנים שקורין בוקונ”י בלע”ז מרוקחים בהרבה מינים ובכללם יש ג”כ עצם גולגלות אדם שרוף וכתות

R. Ishmael was asked about using a medicine for someone who was sick but not in serious danger. The issue was that the medicine contained pieces of a ground up human skull. This is what has been called “powdered skull,” and was a common medicine in the eighteenth century.[24] R. Ishmael permits one to consume this “medicine”.

A few centuries earlier, R. David Ibn Zimra was also asked about medicine that was made from flesh of non-Jewish dead bodies (מומ”יא — mummies).[25] R. Ibn Zimra focuses his responsum on the issue of benefiting from a dead body, since when it comes to eating the flesh, he sees no problem at all in this, as its form has been entirely changed:

איסור אכילה לא הוצרכת לשאול דודאי מותר באכילה שהרי נשתנה צורתו וחזר להיות עפר בעלמא וכ”ש ע”י סמים שהרי המומי”א היא בשר החנוטין שחונטין אותם בכמה מיני סמים כדי להעמיד צורתו וגופו וחזר להיות כעין זפת ואין בו איסור אכילה

For those interested in learning more about the subject of “corpse medicine”—which included much more than the skull—and if your stomach can handle it, I recommend Richard Sugg, Mummies, Cannibals and Vampires: The History of Corpse Medicine from the Renaissance to the Victorians (London and New York, 2016). What passed for medical cures in pre-modern times is shocking, and often downright disgusting.

As late as 1907, the Adeni Rabbi Samuel Yeshuah[26] discusses sick people who consume “mummy medicine,” what he refers to as

 רפואת ההבל שנתפשט בין העם . . . באמת המומיא הזו לא יועיל ולא יציל והיה כלא היה

I assume many readers will be shocked to learn that great poskim permitted what I have just described. Today, of course, it would turn our stomachs to even think about consuming part of a corpse, much like Goldstein was outraged that anyone could think that it is permissible to consume something from a non-kosher animal, even from a pig no less. Yet this revulsion does not arise from halakhah. Speaking personally, I can’t imagine that anyone I know would eat a piece of meat from a pile if he knew that a non-kosher piece had fallen into the group of kosher pieces, despite what the halakhah says; all the more so if a piece of pork fell into a kosher dish even if it was nullified by 60. Again, our revulsion has its origin in feelings that have little to do with pure halakhah. In fact, some authorities feel that to be strict in such cases is akin to heresy, as it is in practice (but not in theory) a denial of the halakhic principle of bitul.[27]

If I could have spoken to Goldstein, I would have tried to explain to him that the halakhic system does not work in accord with what has been called “da’at baalei batim,” and those who forbid gelatin also acknowledge that not everything from a non-kosher animal is forbidden. The gelatin dispute concerns the role of gelatin in the finished food product, not with the existence of non-kosher per se. Thus, even one who is strict in the matter of gelatin would not start screaming if he saw his son standing in right field chewing on his non-shechted leather baseball mitt.

To be continued

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My Torah in Motion trips are starting again. I am leading a group to Morocco in January, and there is a full line-up for next summer. You can see details here.

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I am currently doing a series of classes for Torah in Motion on R. Saul Lieberman. You can see them here on YouTube. Here are some pictures that were taken at the Jewish Theological Seminary minyan in Unterberg Auditorium on Hoshana Rabba 1971. (At this minyan there was separate seating but no mechitzah.) The pictures were taken by Joel Mandelbaum, son of R. Bernard Mandelbaum who held many positions at the Seminary, including serving as president from 1966-1973 under Chancellor Louis Finkelstein.

Here is Lieberman.

Here is Lieberman and Louis Finkelstein. Abraham Joshua Heschel is standing between them and Bernard Mandelbaum is on the far right.

In front of Lieberman, leading the procession, is Moshe Zucker. Behind Lieberman is Simon Greenberg.

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[1] See Ha-Pardes, August 1942, p. 19. It also states here that R. Shlomo Natan Kotler permitted gelatin.

[2] Ha-Pardes, October 1952, p. 31.

[3] See Horowitz, Kosher USA (New York, 2016), pp. 59-60.

[4] The Responsa of Professor Louis Ginzberg, ed. David Golinkin (New York and Jerusalem, 1996), p. 152.

[5] Responsa and Halakhic Studies (n.p., 1975), ch. 7.

[6] Iggerot Moshe, Yoreh Deah 3, nos. 10, 11.

[7] For example, the Shulhan Arukh, Yoreh Deah 201:75, famously forbids heated mikvaot. (R. Karo cites the stringent view as יש מי שאוסר and he does not offer a lenient alternative). However, R. Eliezer ben Arha of Hebron (died 1691) reported that R. Karo abandoned this stringency and permitted the heating of a mikveh.

ואפילו בזמן הרב מוהרי”ק זלה”ה עשה מעשה נגד מה שפסק שחשש וכתב סברת האוסר, כי רבים מבני עליה הם המתירין, ועלייהו קא סמכינן

See She’elot u-Teshuvot Rabbenu Eliezer ben Arha (Jerusalem, 1978), no. 18, and see note 1 for the impact of this reported change in R. Karo’s position.

Another interesting phenomenon, which I will not discuss in this post, is when a posek refuses to put a leniency into writing. How authoritative is this posek’s oral ruling? A classic example of this is R. Moshe Feinstein’s opinion about turning off the flame of a gas stove on Yom Tov. In Iggerot Moshe, Orah Hayyim I, no. 128, R. Moshe writes that he doesn’t wish to put his opinion in writing, but it is known that he permitted this.

[8] See e.g., here where I discuss the false claim that R. Ezekiel Landau retracted his view that sturgeon is kosher. For the claim that R. Joseph Hayyim retracted his permission to ride a bicycle on Shabbat where there is an eruv (Rav Pealim, vol. 1, Orah Hayyim, no. 25), see R. Ovadiah Hadaya, Yaskil Avdi, vol. 3, Orah Hayim, no. 12:5:4, vol. 5, Orah Hayyim, no. 40. For a rejection of this claim, see R. Ovadiah Yosef, Yabia Omer, vol. 9, Orah Hayyim, no. 108:189. See also here where R. Doniel Neustadt writes: “Several sources report that the Chafetz Chayim eventually changed his ruling and exempted cooked fruits served for dessert from a blessing; see Orchos Rabbeinu 66 and Vezos ha-Berachah, pg. 78. Others dispute that the Chafetz Chayim changed his ruling.” The forger Chaim Bloch, Ha-Maor, Dec. 1951, p. 7, who was himself opposed to the gelatin heter, claims to have discussed the matter with R. Hayyim Ozer Grodzenski. Not surprisingly, Bloch records that R. Grodzenski told him that he never actually gave a ruling on the question of gelatin. Rather, he was only stating that his opinion inclined in this direction. For a rejection of Bloch’s false testimony, see R. Samuel Baskin and R. Shimon Winograd in Ha-Maor, Aug. 1952, pp. 7-8. Here is some of what they write:

אם הגאון רח”ע באמת חזר מתשובתו ומהיתרו על תוצרת הנ”ל, איך לא הודיע זאת ברבים, כדי שלא יכשלו ח”ו ויסמכו על פסקו ותשובתו בשו”ת אחיעזר, ויעשו מעשה לכתחילה בדבר שלא נתן הגאון הנ”ל היתר מוחלט, ועוד אם הגאון רח”ע ז”ל דיבר עם הרב ח”ב בשנת תרצ”ה כאשר כותב בהירחון “המאור”, איך כתב הרב הגאון רח”ע ז”ל להרב הגאון ר’ יוסף קאנוויץ ז”ל בחודש אייר שנת תרצ”ו שנה או יותר לאחר שיחתו עם הרב ח”ב, שמסכים עמו על היתרו בדבר הכשר הז’לטין

[9] The picture is found here and comes from the Ezra and Monica Friedman collection.

[10] Kosher USA, p. 26.

[11] See Spitz, Food: A Halachic Analysis, p. 459: “Dr. Goldstein . . . publicly maintained that any food item whose origins lie in a non-kosher source may not be considered kosher, no matter how “changed” it may currently appear.”

[12] Horowitz, Kosher USA, pp. 33ff.

[13] See Adam Mintz, “Is Coca-Cola Kosher?” in Rafael Medoff, ed., Rav Chesed: Essays in Honor of Rabbi Dr. Haskel Lookstein (Jersey City, 2009), vol. 2, p. 80; Horowitz, Kosher USA, p. 36.

[14] Horowitz, Kosher USA, pp. 29, 37.

[15] Horowitz, Kosher USA, p. 41.

[16] Horowitz, Kosher USA, p. 64.

[17] Horowitz, Kosher USA, pp. 38, 41.

[18] Horowitz, Kosher USA, p. 50.

[19] Horowitz, Kosher USA, pp. 54-55. Kojel is no longer is made with problematic gelatin and is currently under the OU hashgachah.

[20] Document provided courtesy of the Israel Rosenberg Archive, The Library of the Jewish Theological Seminary, New York, NY, ARC 98, Box 6, Folder 23.

[21] This proclamation was reprinted in Ha-Pardes, October 1939, p. 29. For other attacks on Goldstein see Ha-Pardes, August 1942, p. 17; Ha-Mesilah, Adar 5702, p. 20, sections ב, ה.

[22] Horowitz, Kosher USA, p. 42.

[23] See here.

[24] See here.

[25] She’elot u-Teshuvot ha-Radbaz, vol. 3, no. 548.

[26] Nahalat Yosef (Jerusalem, 1907), pp. 15a-b.

[27] For one discussion, see here.

The Palestinian setting of the book is also fictional, and, in the main, has no basis in fact. The Zohar relies on geographical and topographical ideas about Palestine taken from older literature. Sometimes the author did not understand his sources, and created places which never existed, e.g., Kapotkeya, as the name of a village near Sepphoris, on the basis of a statement in the Jerusalem Talmud (Shev. 9:5), which he combined with another statement in the Tosefta, Yevamot 4. He produces a village in Galilee by the name of Kefar Tarshi, which he identifies with Mata Meḥasya, and tells in this connection of the rite of circumcision which is based on material quoted in geonic literature with regard to Mata Meḥasya in Babylonia. Occasionally a place-name is based on a corrupt text in a medieval manuscript of the Talmud, e.g., Migdal Ẓor at the beginning of Sava de-Mishpatim. In the matter of scene and characters there are very close links between the main body of the Zohar and the stratum of the Midrash ha-Ne’lam, which follows the same path of mentioning places which do not actually exist. In this section Simeon b. Yoḥai and his companions already constitute a most important community of mystics, but other groups are mentioned as well, and particularly later amoraim or scholars with fictitious names who do not reappear in the Zohar. In recent times, several attempts have been made to explain the geographical difficulties, and to give a non-literal interpretation of statements in the Talmud and the Midrashim in order to make them fit the Zohar, but they have not been convincing.

Shlomo Yosef Zevin and Yeshiva Students being Drafted to the Army, Views of Women, and More

Marc B. Shapiro

1. In an earlier post I wrote about R. Shlomo Yosef Zevin and the famous essay about how yeshiva students need to serve in the army, an essay which is widely attributed to him. See here. In the post I cited important information uncovered by David Eisen that complicates the issue (as we see the Zevin family itself is of two minds on the matter), and we were left with no absolute proof that R. Zevin wrote the essay. I encourage all readers interested in the topic to read the six emails from Eisen quoted in my post, as they became the primary source material for all who wish to explore this matter.

One of the points that Eisen’s sources disagree about is when the essay was attributed to R. Zevin. R. Nachum Zevin, R. Zevin’s grandson, claims that it was only attributed to him after R. Zevin’s passing in 1978, but R. Menachem Hacohen states that already in the early 1970s he had seen the essay and it was believed that R. Zevin wrote it. As Eisen reports, one of the chief librarians at the National Library told him that he believes that already in the 1960s the essay was attributed to R. Zevin.

I am now able to put the matter to rest and establish beyond any doubt that R. Zevin is indeed the author of the essay. One of R. Zevin’s close friends was the author R. Zvi Harkavy, who served as an army chaplain. Harkavy regarded R. Zevin as his teacher, referring to him as מו”ר. In 1959 it was announced that Harkavy would publish a bibliography of all of R. Zevin’s writings, which were estimated to be over 1000 items, including material written under a pseudonym.[1] As far as I can tell, this never appeared. In Harkavy’s Ma’amrei Tzvi, p. 26, he includes a 1969 letter he received from R. Zevin is which Harkavy is addressed as ידידי הדגול. I mention all this only to show that when Harkavy speaks about R. Zevin you rely on what he says.

It has often been said that the identification of R. Zevin with the essay on yeshiva students and the army was only made years after its 1948 appearance, and this casts doubt on it having been being written by R. Zevin. I can now say that this is incorrect. In 1951 (Iyar 5711) Harkavy published an article in the Jerusalem Torah periodical Ha-Hed, which was a journal that R. Zevin himself often published in. (Unfortunately, very few issues from this periodical can be found on Otzar haChochma.) In Harkavy’s article he identifies R. Zevin as the author of the essay. Not only was Harkavy, because of his close friendship with R. Zevin, in a position to know that he wrote it, but R. Zevin never denied authorship in subsequent issues of Ha-Hed.

This shows without any doubt that R. Zevin is the author of the essay, and from this point on no one—including members of the family—should deny his authorship. Here is Harkavy’s article.

R. Nochum Shmaryohu Zajac called my attention to the recently published memorial volume for R. Yehoshua Mondshine,Sefer, Sofer, ve-Sipur. On p. 327 R. Mondshine wonders why R. Zevin—whom he seems to believe was indeed the author of the essay—would have felt it necessary to keep his authorship secret. R. David Zvi Hillman suggests that R. Zevin felt that if it was known that he wrote it, he would not have been welcome at the Brisker Rav’s home. He adds that it could have also created problems with the Habad synagogue he attended, as well as with his good friend R. Yehezkel Abramsky.

In going through the various issues of Ha-Hed, I discovered a picture of great interest in the Shevat 5711 issue.

Kitvei Ha-Rav Dr. Yosef Seliger (Jerusalem, 1930). The woman in the middle is R. Kook’s wife, Raize Rivka. Until recently I knew of only one other published picture of her, and this appears at the beginning of Pinchas Grayevski, Benot Tziyon vi-Yerushalayim, vol. 7 (Jerusalem, 1929; I think Dr. Yehudah Mirsky called my attention to this picture). The woman on the left is Miriam Berlin, the widow of R. Naftali Zvi Judah Berlin. I do not know of any other published pictures of her.

Shimon Steinmetz called my attention to this additional picture of R. Kook’s wife that can be found here.

2. In my post here I discussed these words from Exodus 15:16:

בִּגְדֹל זְרוֹעֲךָ יִדְּמוּ כָּאָבֶן

However, I neglected to mention one additional point. How come there is a dagesh in the כ when according to the grammatical rules it should not be there? R. Aaron of Lunel in his Orhot Hayyim offers an explanation. He states that if there was a dagesh people would read the last two words as יִדְּמוּךׇ אָבֶן, “stones are similar to you,” which is not a respectful thing to say to God.[2]

3. In my last post here I discussed the Hazon Ish’s opinion on the dispute between Maimonides and Rabad about an unwitting heretic, and the Hazon Ish’s assumption that Maimonides actually agreed with Rabad in this matter. It must be clarified that the Hazon Ish is not certain about his suggestion that there was no disagreement between Maimonides and Rabad when it came to someone who was completely “innocent” in his heresy. The Hazon Ish4. A couple of years ago in my post here I mentioned that in part two of the post I would have an excursus on the nature of women. For some reason I forgot to include this excursus in all the subsequent posts, so here it is.[4]

On the matter of the creation of women, and whether they are created “better” or “worse” than men, Shaul Regev calls attention to a strange comment by R. Jacob Matalon, Toldot Yaakov (Salonika, 1597), p. 7d (printed together with his She’erit Yaakov).[5] There are many comments in rabbinic texts that have a negative view of women, and most of these comments are based on a belief that women are inherently inferior to men. Yet not many texts are as explicit as R. Matalon in regarding women as almost a different species, standing between apes and men.

ובין החי למדבר הקוף ובין הקוף םמדבר [צ”ל למדבר] ומשכיל הם הנשים והאנדרוגינוס

Women obviously speak, so מדבר must mean speak with intelligence.

A passage similar to what R. Matalon says, but without mention of an ape, is found in Gersonides’ comment to Genesis ch. 3 (p. 110 in the Ma’aliyot edition).

והנה קראה האדם שם אשתו ‘חוה’, כאשר השיג בחולשת שכלה, רוצה לומר שלא עלתה מדרגתה על שאר הבעלי חיים עילוי רב, ואם היא בעלת שכל, כי רוב השתמשותה אמנם הוכן לה בדברים הגופיים, לחולשת שכלה ולהיותה לעבודת האדם. ולזה הוא רחוק שיגיע לה שלמות השכל, אלא שעל כל פנים היא יותר נכבדת מהם, וכולם הם לעבודתה

Gersonides is known for his negative view of women, and this reputation comes from passages like this. Here Gersonides states that women are on a higher level than animals, but not by much. Furthermore, just like the animals are at the service of women, so women’s role is to serve men. In discussing this passage, Menachem Kellner writes: “Gersonides apparently found Darwin’s missing link: woman!”[6]

For another explanation which Modern Orthodox women will probably regard as insulting, but more traditional women will probably see as a compliment, see R. Meir Mazuz, Bayit Ne’eman, no. 52 (parashat Terumah 5777), p. 1, who quotes R. Nissim Gaon as follows: The verse in Proverbs 1:8 states: אל תטוש תורת אמך – “Forsake not the teaching of thy mother”. Yet since women don’t have Torah knowledge, תורת אמך cannot mean this. Rather, it means the special holiday foods that the mother makes.

Readers can correct me if I’m wrong, but I do not believe that R. Mazuz’s understanding is correct, and I think R. Mazuz was citing R. Nissim from memory. That is, R. Nissim’s comment has nothing to do with women lacking Torah knowledge and identifying their cooking as תורת אמך. Rather, he cites the verse simply as a general statement about the importance of tradition. Here is the passage of R. Nissim Gaon as cited by R. Maimon the father of Maimonides.[7]

וכתב רבינו נסים במגילת סתרים כי כל מנהגי האומה באלו המנהגות כמו זה. והראש בראש השנה, החלב בפורים ובמוצאי פסח, והפולים ביום הושענא רבה. ואותם המנהגות אין לנו לבזותם ומי שהנהיגם זריז ומשתדל הוא כי הם מעיקרים נעשים ולא יבוזו במנהגי האומה וכבר אמר הנביא ע”ה ואל תטוש תורת אמך, דת אומתך אל תעזוב

Regarding the role and responsibilities of women, R. Mazuz has another interesting comment.[8] As part of his argument that women are not obligated in hearing parashat Zakhor, he says that this commandment is connected to the commandment of destroying Amalek, and women are not able to do this. How do we know that women cannot destroy Amalek and therefore are not commanded in it? “Because if she sees blood and even if she sees a mouse she becomes afraid, so how could she kill Amalek?” While many will not appreciate what they see as R. Mazuz’s flippant tone (which is obviously a joke, as he is well aware that there are women soldiers and doctors), do even feminists wish to claim that killing comes as easy to women as to men? Do they really want to be “equal” with men in this matter? I, for one, have always assumed that if women were running the world, there would be many fewer wars, as only someone who is blind to reality cannot see that men are naturally more inclined to violence than women.

Here is another interesting point relevant to the subject of women: Rashi, Menahot 43b s.v. היינו, in explaining the talmudic passage dealing with the blessings that a man recites in the morning, states that a woman is to regarded as a maidservant to her husband (i.e., to do his wishes), much like a slave is to his master: דאשה נמי שפחה לבעלה כעבד לרבו

Rashi’s comment is not surprising and has often been quoted. Indeed, although it will trouble modern readers, lots of similar comments can be found in rishonim and aharonim.[9] Furthermore, in at least three places the Talmud refers to a wife with the term shifhah.[10] Yet for a reason I can’t explain, R. Moshe Feinstein was very troubled by this comment of Rashi, and this led him to write something quite problematic.[11] See Dibrot Moshe, Gittin p. 511 (also in Iggerot Moshe, vol. 9, Orah Hayyim no. 2):

ולולי דמסתפינא הייתי אומר שצריך למחקו דח”ו לרש”י לומר דברי הבל כזה, דמן התורה הא ליכא שום שעבוד על האשה לבעלה חוץ מתשמיש ולענין תשמיש הוא משועבד לה יותר דהא עליו איכא גם איסור לאו . . . ואינה מחוייבת לעשות רק עניני הבית ולא עבודת שדה ומעט עשיה בצמר שהיא מלאכה קלה ממלאכות שדרכן של בנות העיר בזה

R. Moshe states that in no way can a woman be generally regarded as under her husband’s authority as only in a few areas does she have obligations to him (much like he has to her). He continues to expound on the way a husband is obligated to treat his wife in order to show that she is far removed from being a maidservant.[12] This is all true, and it would be easy to quote authorities who write similarly. Yet they did not see this as in any way contradicting Rashi’s statement. Understandably, some have expressed great surprise upon seeing how R. Moshe refers Rashi’s comment as הבל (as they do not accept R. Moshe’s point that Rashi could never have said דאשה נמי שפחה לבעלה כעבד לרבו).

R. Shlomo Aharon Gans goes so far as to say that if thegadol ha-dorhad not been the one to say this, it would be forbidden to write such a thing. He adds the following, bringing support for the notion expressed in Rashi that a wife is like a maidservant (not that she is a maidservant, but she is like one)[13]:

ולא הבנתי דהא הויא קנין כספו, ועי’ תורא”ש קידושין ה’ דהוא מושל עליה ומשעובדת לו וכדכתיב והוא ימשל בך, וא”כ מאי קשיא ליה כ”כ בדברי רש”י אלו

This conception, that a wife is like a maidservant, was actually criticized by R. Hayyim Hirschensohn who called attention to the “barbaric” way Jews treated their wives in the small towns of Galicia, where the wives did not even eat at the same table with their husbands.[14]

וה’ יסלח לו כי ההרגל הרע של בני מדינתו להתגאה על נשותיהן אשר לוקחים אותן רק לרקחות וטבחות ואין מסיבות בשלחן עם בעליהן וחושבים אותם כחמת כו’ [מ”ש: ראה שבת קנב ע”א] ואלמלי עלמא צריכי להו היו בעי רחמי דלבטלי מן העולם ח”ו, ההרגל הפראי הזה אשר בעירות הקטנות בגאליציא ובקצת ערי פולין גרם להרב הנז’ לבלי להרגיש את העלבון אשר עלב לבנות האבות והאמהות אשר קמו גם הן לאם לבנות את בית ישראל

As a curiosity, it is worth noting the opinion of R. Menasheh Klein that a husband should not help his wife with household tasks such as cleaning the dishes, as that is “women’s work”, while the husband works outside the home. (And what about when the wife also works outside the home?) Instead, the husband should use that time for learning Torah and other spiritual pursuits.[15]

כי לכן נתן לו הקב”ה אשה לאדם שיהי’ לו לעזר שתעשה לו צרכי הבית והוא יהיה פנוי בזמן שיש לו ללמוד תורה ולעבודת השם ולא לכבס ולהדיח הכלים אחרי האכילה ולסדר את המטות החיוב על הבעל לפרנס את אשתו ובניו ושאר הזמן כל רגע ורגע ינצל ללימוד התורה ולעבודת השי”ת שמו. ובעונ”ה נשתנה הוסת שהבעלי בתים הצעירים נעשים בעלת בתים מבשלים ומדיחים הכלים והולכים לחניות לקנות צרכי הבית איינקויפען בלע”ז בקיצור עושים כל מלאכת הנשים והנשים עושים מלאכת האנשים

I can only imagine what the reaction of a newlywed wife would be if her husband would tell her that no, he has no plans to help clean the table and do the dishes because that is women’s work.

Related to this is the following story told by R. Yosef Wineberg, the grandson of the Slonimer Rebbe. It is obviously designed to make the “Litvish” look bad.[16]

A newly married Litvishe couple was once sitting together. The wife asked her husband to please make her a cup of tea. He immediately jumps up, puts on his hat and jacket and walks out the door. About an hour later, the husband returns home, removes his hat and jacket and makes her a cup of tea. Puzzled by his strange behavior, she asks for an explanation.

He explains: when you first asked me to make you a cup of tea, I was upset. I am a Talmid Chacham, a scholar, and you are meant to “serve” me, not the opposite. Not wishing to get into an argument, I went to my Rav to ask him what I should do.

The Rav explained to me that “ishto k’gufo”, that the Halacha considers us like one person. Therefore, making tea for you is identical to making tea for me. As I feel no compunctions with serving myself, I returned home to fulfill your request.

In order to show that the husband is the boss of the household, R. David Kimhi states that while the husband calls his wife by her name, the wife does not call her husband by his name, but by some title which shows his superior status.[17]

כי האיש הוא הקורא לאשתו בשמה ולא האשה לאישה, אלא דרך כבוד בלשון אדנות קוראה לו ולא בשמו, כי כל מי שיש לו מעלה אל אחר אין ראוי לאשר למטה ממנו לקרוא אותו בשמו, כמו אביו או רבו או אדניו . . . וכן האשה לבעלה כי אדניה הוא כמו שאמר: והוא ימשוך בך

One of the proofs he offers for this idea is that in Genesis 17:17 Abraham refers to Sarah by her name, but in Genesis 18:13 Sarah refers to Abraham as “my lord” (אדני). Another proof he mentions is that when God changes the names of Abraham and Sarah he says to Abraham (Gen. 17:15): “Thou shalt not call her name Sarai.” From this we see that Abraham called his wife by her name. However, when Abraham’s name was changed the Torah states (Gen. 17:5): “Neither shall thy name any more be called Abram.” Sarah was not told this, Radak states, as she didn’t refer to her husband by his name. This was rather a general statement, that among those people who call Abraham by his name, they no longer would do so.

Although Radak states that a husband calls his wife by her name, we know that this was not always the case. Thus, we are told that R. Jacob Moellin in speaking to his wife would not call her by her name. When he referred to her in conversation with others, he would call her mein hausfrau (my housewife).[18] The text that records this information notes that already in the Talmud, Shabbat 118b, we find that R. Yose referred to his wife as “my house,” and I think most assume that this was done as a term of respect.[19] The text further notes that the general practice was that both husband and wife did not refer to each other by their first name. Such a practice was also found in the Sephardic world.[20] What this shows us is that contrary to what Radak records, the practice need not have anything to do with the husband being regarded as “superior” to his wife.

With all the discussions in rabbinic literature that show the essential differences between men and woman, let me mention another curiosity that, if you want to be cute, you can say that in one place the Talmud actually refers to women as men. I have in mind Zevahim 67b which, in discussing the burnt offerings brought by two women after childbirth, states:

חטאת לזו ועולה לזו עשה שתיהן למעלה . . . אימור דא”ר יהושע בחד גברא בתרי גברי מי אמר

In this passage, the word גברי, which means “men”, refers to the case of the two women (although the principle enunciated applies to all people).[21]

While on the male-female topic, let me mention something else that is relevant. We all know that the name Avi (short for Avraham) is quite popular. Yet how many know that this is already a biblical name, but used for a woman (2 Kings 18:2)?

I want to return to the notion already mentioned in this note, and found in a number of earlier works, that an ape stands between animals and humans. The Sefat Emet, Genesis 18:1, expands on this as follows:

ובין חי למדבר קוף. ואנו נאמר כי אחר מדבר אדם, שעל זה נאמר “אדם” אתם קרוין אדם ולא האומות. וישמעאל הוא הממוצע לכן נקרא פרא אדם, ולכן יד כל בו וידו בכל, כי על ידו יש התקשרות בין מדריגות מדבר למדריגת אדם

When he writes כי אחר מדבר אדם it means that after the level of מדבר, which means “humanity”, there is the level of אדם, which is the level of the Jewish people. He then adds that the Arabs stand between מדבר and אדם which is why they are called פרא אדם. Often פרא אדם is used to show that the Arabs are on a lower level than other nations. However, here we see that the Arabs are on a higher level, and closer to the Jews than the other nations, as among the nations of the world only the Arabs are also called אדם—no doubt because of their monotheism, see Yevamot 61a—even if this word is placed together with the negative term פרא.

The Sefat Emet’s comment is derived from the Zohar,[22] which explains פרא אדם as meaning one who possesses the “beginnings of אדם”. The Zohar also places the descendants of Ishmael on a higher level than the other nations because they are circumcised. Circumcision was widely practiced even in pagan Arabia, so the reference to circumcision alone would not be enough to date this passage of the Zohar to the post-Islamic period.

R. Jacob Emden, however, cites a different passage in the Zohar that assumes the existence of the Islamic world, meaning that it could not have been written by R. Shimon ben Yohai.[23] He writes:

הנה לפניך שבימי בעל ספר הזוהר כבר היתה אמונת מחמד הישמעאלי בעולם (שנתחדשה בימי אמוראים האחרונים על”ב) כי קודם זמן זה היו כל הישמעאלים עובדי אלילים גמורים, ככל יתר גוי הארצות.

R. Emden also cites another Zoharic passage that assumes Islamic rule in the Land of Israel. He comments:[24]

הרי כי בימי בעל ספר הזוהר היתה אומת ישמעאל שולטת בארץ הקדושה, ודבר ידוע הוא ומפורסם, שלא הגיעו הישמעאלים לממשלה כללית עד שנת שע”ד לאלף החמישי . . . נמצא עכ”פ יותר מחמש מאות שנה אחר רשב”י חובר ספר הזוהר, ואולי מאוחר עוד הרבה מזה, ואיך אפשר להסכים זה עם שמות האומרים אותם הדברים, והמה חבריו או תלמידיו של רשב”י, לפי המובן בלשונו של בעל ספר הזוהר, הלא זה כדבר שאין לו שחר

He cites a third such example and writes:[25]

מלכות ישמעאל לא נתפרסמה ולא נתפשטה בימי תנאים ואמוראים. כי היו אז ממלכה שפלה קטנה וירודה

Returning to the matter of how women have been viewed, R. Joseph Solomon Delmedigo mentions that jokers—ליצני הדור—come up with all sorts of gematrias. When it comes to women not all of them are negative. For example, the gematria of אשה is דבש, and אשה יפה = שמחה גדולה. However he also cites a gematria which is not very complimentary to women. זכר=ברכה and נקיבה=בקללה. R. Delmedigo sees this as a big joke, but it is actually mentioned by R. Hayyim the brother of the Maharal in his Iggeret ha-Tiyul, section ז, and it is also found in Ba’al ha-Turim, Gen. 1:27 (with some differences as to which letters are actually included in the gematria).

In 1807 R. Jacob Samson Shabbetai Senigallia[26] published his talmudic commentary Shabbat shel Mi. Here is the title page of the Livorno first edition. (It has been reprinted a number of times).

Here is what appears in the book on p. 89b. He is trying to explain why chapters 5 and 6 in tractate Shabbat are next to each other. Chapter 5 begins במה בהמה and chapter 6 begins במה אשה, and according to R. Senigallia this is because “birds of a feather flock together.”

If he was trying to make a joke, I can understand what he wrote. But who ever heard of making a joke in the middle of a talmudic commentary? Presumably, he was being serious, which leaves us with a very offensive comment.

There is, to be sure, humor in the Talmud, but I don’t know of any examples in talmudic commentaries. Yeshayahu Leibowitz quipped that the Sages must have had a good sense of humor, since they included the following text in the Talmud [27]: תלמידי חכמים מרבים שלום בעולם. In all seriousness, however, there are indeed humorous passages in the Talmud, as pointed out by R. Moses Salmon.[28] Here is one example he gives (Bava Batra 14a):

The Rabbis said to R. Hamnuna: R. Ammi wrote four hundred scrolls of the Law. He said to them: Perhaps he copied out the verse תורה צוה לנו משה

R. Salmon claims that anyone with a bit of sense can see that R. Hamnuna’s reply is a wisecrack made in response to the obvious exaggeration about R. Ammi.

Nehemiah Samuel Libowitz states that even in the Zohar we have passages that show a humorous side.[29] One of the many examples he points to is Zohar, Bereshit, p. 27a:

וימררו את חייהם בעבודה קשה בקושיא. בחומר קל וחומר. ובלבנים בלבון הלכתא. ובכל עבודה בשדה דא ברייתא. את כל עבודתם וגו’ דא משנה

I have no idea what to make of the following comment from R. Oury Cherki, dealing with humor, which does not sound like something that would be said by a leading kiruv figure (De’ah Tzelula: Olam ve-Adam be-Mishnat ha-Rav Kook [Jerusalem, 2015], p. 246). Rather, it sounds like something one of the maskilim of old would say.

התורה שבעל-פה אינה מובנה ללא שותפות רוח האומה. לכן כשלומדים הלכה רצוי להצטייד בחוש הומור, שכן לפעמים הדברים נראים משונים למדי. למשל, הכנת כוס תה בשבת. התלמוד אומר שאסור לשפוך מים קרים לתוך החמים אבל מים חמים לתוך הקרים מותר, כי יש כלל ש”תתאה גבר”, התחתון גובר. כששופכים מים חמים לתוך הקרים המים הקרים מתחממים ומתבשלים מה שאין כן ההפך – המים החמים מתקררים. יש כאן בהחלט סוג של הומור

I also found the following interesting comment by Moshe Meisels, the editor of Ha-Doar, in a letter to Chaim Bloch.[30] He suggests that the talmudic prohibition against a non-Jew observing the Sabbath is an example of rabbinic wit, and is not to be understood literally.

ואגב, לא אהא בבחינת מורה הלכה לפני רבו אם אינני מתאפק מלהביא מעין חידוש שנתחדש לי הקטן באחד המאמרים התמוהים בתלמוד מן הסוג הנ”ל, והוא אמרם: עכו”ם ששבת חייב מיתה, שנאמר יום ולילה לא ישבותו וכו’. ואין צורך להרבות דברים על הזרות שבדבר: מה איכפת למי אם שבת או לא שבת, ומה היא הראיה מאותו פסוק, המוסב על קיץ וחורף וכו’, ומה ענינו לכאן ולעכו”ם דוקא? ונראה לי שכל המאמר בא בדרך חידוד, וזה מובנו: עכו”ם ששבת מן הדין שיהא חייב מיתה בדיניהם. מדוע? ישראל שלא שבת חייב מיתה, משום שעל א-לוהיו נאמר וישבות ביום השביעי וכו’, אבל עובד כוכבים ומזלות, שעליהם נאמר יום ולילה לא ישבותו, מן הדין שעובדיהם יהיו חייבים מיתה אם שינו מדרך אלהיהם ושבתו

On the matter of non-Jews observing the Sabbath, R. Yaakov Koppel Schwartz makes a fascinating suggestion, which he acknowledges has no support in the rishonim and therefore he has doubts whether it is correct.[31] The prohibition against labor on the Sabbath is in remembrance of the fact that we were slaves and God redeemed us. Therefore, it is understandable why non-Jews are forbidden to commemorate the Sabbath by abstaining from work, as this has no connection to them. However, there is another reason given for the Sabbath and that is so that we remember the creation of the world. Non-Jews are also supposed to acknowledge this and therefore there should be nothing wrong with non-Jews having some sort of celebration in honor of the Sabbath.

אבל הכיבוד והקידוש של יום השבת, שהוא משום אמונת חידוש העולם, שייך שגם הגויים יהיו בהם ואינם מנועים מלכבד ולענג את השבת

If we follow R. Schwartz’s approach, this is something that could be suggested for Noahides whose “religion” is lacking any rituals, which for most people is an essential component of their religion.

* * * * * * * *

[1] Ha-Tzofeh, June 16, 1959, p. 2.

[2] Orhot Hayyim, Or Etzion ed. (Merkaz Shapira, 2017), p. 106, quoted by R. Joseph Karo, Beit Yosef, Orah Hayyim 51 (end). Regarding negative expressions directed against God, there is an interesting passage in R. Yedidiah Solomon Raphael Norzi, Minhat Shai, Deut. 8:3. To understand it one must know that the old French word “fi” expressed disdain or disgust. See here. The issue Norzi discusses is that the verse reads:

‘כִּי עַל-כָּל-מוֹצָא פִי-ה

Norzi cites a view that in this case there should be a dagesh in the word פי even though that is not in accord with the general rule, because without the dagesh, reading it as “fi” would be disrespectful to God:

כי לשון גנאי הוא בלשון צרפת וחלילה לשם יתברך

Norzi completely rejects this and states that the rules of biblical grammar are not to be changed because of how words sound in languages other than Hebrew (and there are indeed examples where biblical Hebrew words sound like profanity in other languages).

ואין לנו לחוש ללשון צרפת שאין מבטלין דרכי לשון הקדש מפני שאר לשונות

See also Samuel David Luzzatto, Prolegomena to a Grammar of the Hebrew Language, trans. Aaron D. Rubin (Piscataway, N.J., 2005), pp. 133-134.

Regarding the pronunciation of פ, R. Meir Mazuz points out that the Vilna Gaon, Commentary to Tikunei Zohar, section 19, p. 38d (p. 166 in R. Zuriel’s edition), mistakenly believed that Sephardim pronounce פ with and without a dagesh the same way (just as they pronounce ת with and without a dagesh the same way). R. Mazuz notes that the Vilna Gaon’s point is repeated by R. Baruch Epstein, Mekor Barukh, vol. 1, p. 397b (without mentioning the Gaon). See Mazuz, Bayit Ne’eman (Humash), vol. 1, p. 13 (first pagination).

[3] Hazon Ish, Yoreh Deah 62:21.

[4] In my earlier post I cited R. Samson Raphael Hirsch as adopting the notion that women are created on a higher spiritual level than men. I neglected to note that Shaye J. D. Cohen earlier discussed Hirsch’s approach. See Cohen, Why Aren’t Jewish Women Circumcised (Berkeley, 2005), pp. 165ff.

[5] “Eshet Hayil: Kavim li-Demutah u-le-Ma’amadah shel ha-Ishah be-Hagut ha-Yehudit ha-Shesh Esreh,” in Ephraim Hazan and Shmuel Refael, eds. Mahbarot li-Yehudit (Ramat-Gan, 2012), p. 286.

[6] Torah in The Observatory (Boston, 2010), p. 287. I earlier discussed Ralbag here.

[7] See R. Yaakov Moshe Toledano, Sarid u-Falit (Tel Aviv, [1945]), p. 8.

[8] Bayit Ne’eman no. 153 (parashat Vayikra 5779), p. 2.

[9] See e.g., R. Israel Ibn Al Nakawa, Menorat ha-Maor, ed. Enelow, vol. 4, pp. 32-33, who instructs a wife as follows (using the word שפחה that so troubled R. Moshe):

ועושה צרכיו בעצמה ולא על ידי אחרים. ואפי’ היו לה כמה עבדים וכמה שפחות, תעמוד היא ותשרתנו, ותקראנו אדוני . . .ויהיו עיניה תלויין לו, כעיני שפחה אל יד גבירתה

For a translation of this passage, see here. Maimonides, Mishneh Torah, Hilkhot Ishut 15:20, says that a wife should regard her husband כמו שר או מלך.

Radak, Gen. 3:16, writes:

והוא ימשול בך: לצוות עליך מה שירצה כאדון על עבד

Ramban, Gen. 3:16, explains that as a result of Eve’s sin, the relationship of man and woman was changed. From that point on:

 והוא יחזיק בה כשפחה ואין המנהג להיות העבד משתוקק לקנות אדון לעצמו אבל יברח ממנו ברצונו

R. Bahya ben Asher, Gen. 3:16, writes:

ואל אישך תשוקתך: שאע”פ שהאשה משועבדת ברשות הבעל ומנהג העבד לברוח מן האדון כדי שלא ישתעבד, גזר בזאת שתהיה משתוקקת לבעל ושתרצה להשתעבד לו בהפך מן המנהג

See also R. Chaim Rapoport’s letter in my Iggerot Malkhei Rabbanan, p. 172.

R. Avraham Blumenkrantz, Gefen Poriah, p. 352, quotes approvingly another rabbi who states as follows (emphasis added):

Her tears are ever ready to flow at the most miniscule suggestion of being dealt with as a maidservant. She will concede you the service of והוא ימשל בך. She will consent to call you בעלי, but don’t accent the דגש in the בית too heavily. She must constantly be reassured that there is honor and dignity in her subservience. Honor her more than you honor yourself. She must be compensated for her subjugation, and be made to feel that she has a genuine share in the dignity of the throne.

Do haredi women really feel that they are subservient or subjugated? Do haredi men feel this way about their wives? Hasn’t haredi society accepted the notion of separate but equal when it comes to men and women?

[10] Sanhedrin 39a, Yevamot 113a, Nedarim 38b.

[11] As is well known, and I have written about previously, R. Moshe often rejected the authenticity of texts that he found problematic. Another example of this with regard to Rashi on the Talmud is found in Iggerot Moshe, Even ha-Ezer, vol. 4, no. 64:1. Here R. Moshe says to delete words in Rashi even though, as he notes, these words are found in “Rashi” on the Rif and in R. Nissim. See the strong responses to R. Moshe quoted in R. Yonason Rosman, Petihat ha-Iggerot, pp. 605-606. One of these responses is from R. Menasheh Klein in his notes to R. Eyal Shraga, Minhat Ish, vol. 1, pp. 302-303. R. Klein writes:

וח”ו ואטו עד כמה נילך ונמחוק בדברי רבותינו ז”ל שנאמרו ברוה”ק, ולולי דמספינא הייתי אומר דאיזה תלמיד טועה כתבו, אבל פשוט דדברי רש”י נכונים וליכא כאן טעות כלל

When R. Klein suggests—לולי דמספינא—that a “mistaken student” is responsible for the problematic passage in Iggerot Moshe, he does not mean it seriously. This is just his respectful way of saying that R. Moshe’s position is completely without basis. He uses the same language in Mishneh Halakhot, vol. 12, Yoreh Deah no. 214. There he responds to R. Moshe’s statement that he doesn’t know who R. Menahem Tziyoni is, but since he quotes a heretical—in R. Moshe’s opinion—passage from R. Judah he-Hasid’s commentary on the Torah, therefore R. Tziyoni’s work must be banned together with R. Judah he-Hasid’s commentary.

[12] R. Moshe also famously states that women do not have any less holiness than men. See Iggerot Moshe, Orah Hayyim vol. 4, no. 49 (p. 81). See also the new Mesorat Moshe, vol. 4, p. 476. This position is at odds with many earlier writers who saw men as holier because they are commanded in more mitzvot. This is also Maimonides’ position in his commentary to Horayot 3:7. See R. Chaim Rapoport’s discussion in Kovetz Hearot u-Veurim, no. 908 (2006), pp. 138ff. Yet see R. Dov Halbertal, Erekh ha-Hayyim be-Halakhah (Jerusalem, 2004), vol. 2, p. 399, who has a different approach and makes the point that just because a Kohen and Levi are to be saved before an Israel, no one would say that the Kohen and Levi have more holiness. See also R. Yitzhak Barda, Yitzhak Yeranen, vol. 11, p. 249, that women are holier than men. He offers an original explanation of this notion.

שהאשה שהקב”ה הפריש ממנו, מהצלע שלו, הוא מופרש, וממילא כל מופרש קדוש, ואז האשה יותר קדושה מהאיש. ובזה מובן למה האיש מקדש את האשה, לא אומר לה הרי את אשתי, או כל סממן לשון של נישואין, חברה או שותפה וכו’, זולתי: הרי את מקודשת לי! לפי שהקב”ה קבע כל מופרש קדוש

[13] Kinyan Shlomo, Yevamot, p. 89. See also R. Natan Einfeld, Minhat Natan: Kiddushin, pp. 139-140, who cites other sources in rejecting R. Moshe’s point.

[14] Malki ba-Kodesh, vol. 4, p. 50a. See R. Menasheh Klein, Mishneh Halakhot, vol. 12, no. 351, for a defense of the practice of husbands and wives eating separately.

[15] Mishneh Halakhot, vol. 7 no. 155 (called to my attention by R. Aviad Stollman).

[16] The story is recorded by R. Chaim Dalfin, Faces and Places Boro Park (Brooklyn, 2017), p. 149.

[17] Commentary to Gen. 17:15. See the rejection of Radak’s opinion in R. Betzalel Stern, Be-Tzel ha-Hokhmah, vol. 1, no. 70.

[18] Maharil, Likutim (p. 610 in the Makhon Yerushalayim edition).

[19] On the other hand, R. Meir Schiff (Maharam Schiff), Gittin 52a, explains that R. Yose referred to his wife this way because she was a bad wife: אשה רעה. Yet the proof he brings for this is actually from a different R. Yose. See R. Judah Leib Maimon, ed., Sefer ha-Gra, vol. 1, p. 110 in the note. Regarding “bad wives”, R. Elazar of Worms is quoted as follows in R. Alexander Suslin, Sefer ha-Agudah, ed. Brizel, Yevamot, no. 78 (p. 41):

מי שיש לו אשה רעה יסבול יקבל ברצון ויקבל בשמחה ולא יראה פני גהינם

What does R. Elazar mean that if you suffer under a bad wife you will not see gehinnom? R. Moses Guedemann explains that with a bad wife you already saw gehinnom in your lifetime, so there is no need to see if after death. See Ha-Torah ve-ha-Hayyim, trans. Friedberg (Warsaw, 1897), vol. 1, p. 194:

כי פני הגיהנם כבר ראה בחייו

Regarding “good wives” see R. Shlomo Hoss, Kerem Shlomo, no. 43, who writes:

אין לך כשרה בנשים אלא אשה שעושה רצון בעלה: אהע”ז ס”ס ס”ט (אך אשת חיל כזאת מי ימצא)

R. Solomon Zvi Schueck was shocked at R. Hoss’ final comment, that one cannot find a wife who does the wishes of her husband. R. Schueck writes that based on this passage he assumed that R. Hoss must not have had a good wife.

נראה לי שהי’ לו אשה רעה, וממנה דן על כל הנשים שבישראל

See She’elot u-Teshuvot Rashban, Even ha-Ezer, no. 99 (p. 88b). He further tells us that he asked one of R. Hoss’ students who confirmed that this was indeed the case.

[20] See Tuvia Preschel, Ma’amrei Tuvyah, vol. 5, p. 142.

[21] See Or Torah, Shevat 5780, p. 460.

[22] Exodus 86a, 87a.

[23] Mitpahat Sefarim, ch. 4 (at the beginning; p. 20 in the Jerusalem 1995 edition). In R. Reuven Rapoport’s edition of Mitpahat Sefarim, with his commentary Itur Soferim, p. 13, R. Rapoport sees it as obvious that this passage in the Zohar is a later interpolation much like there are Savoraic additions in the Talmud.

[24] Mitpahat Sefarim, ch. 4 (p. 27 in the Jerusalem 1995 edition).

[25] Mitpahat Sefarim, ch. 4 (p. 54 in the Jerusalem 1995 edition). Regarding the larger issue that R. Emden points to, see Ronald C. Kiener, “The Image of Islam in the Zohar,” Jerusalem Studies in Jewish Thought 8 (1989), pp. 43-65.

[26] See the recent discussion of R. Senigallia by R. Moshe Maimon in the Seforim Blog here.

[27] Sihot al Pirkei Ta’amei ha-Mitzvot (Jerusalem, 2003), p. 289.

[28] Netiv Moshe (Vienna, 1897), pp. 45-46.

[29] “Halatzot ve-Divrei Bikoret be-Sefer ha-Zohar,” Ha-Tzofeh le-Hokhmat Yisrael 11 (1927), pp. 33-45. For more on humor in the Talmud, see Yehoshua Ovsay, Ma’amarim u-Reshimot (New York, 1946), ch. 1; Meyer Heller, “Humor in the Talmud” (unpublished masters dissertation, Hebrew Union College, 1950), available here; R. Mordechai Hacohen, “Humor, Satirah, u-Vedihah be-Fi Hazal,” Mahanayim 67 (5722), pp. 8-19; and Ezra Brand’s post here. From Brand I learned that David Lifshitz wrote an entire doctorate on the subject. See also my posts here and here where I discuss Siftei Hakhamim’s comment that Moses thought God was joking with him, and how this has been censored in a recent edition. See also J. Chotzner, Hebrew Humor and Other Essays (London, 1905); Nehemiah Samuel Libowitz, Ha-Shomea Yitzhak (New York, 1907).

[30] See here (Chaim Bloch Collection, Leo Baeck Institute, 7155-7156, 1/13).

[31] Likutei Diburim, vol. 4, pp. 24-25.