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Thoughts on Confrontation & Sundry Matters Part I

Thoughts on “Confrontation” and Sundry Matters, Part I By: Marc B. Shapiro Rabbi Meir Soloveichik’s year-old essay, “No Friend in Jesus,”[1] caused me to once again think about the Rav’s essay “Confrontation,” (available here) and how it should be understood. Before getting to that, let me note, for those who don’t know, that Soloveichik is emerging as one of the most interesting, if controversial writers, on interfaith matters. I don’t know if he picks the titles of his articles, but they are certainly catchy. In addition to “No Friend in Jesus,” I also have in mind “The Virtue of Hate,”[2] and “Of (Religious) Fences and Neighbors.”[3] The last article focuses on the Maria Johnson’s wonderful book, Strangers and Neighbors. Johnson is my colleague at the University of Scranton and the book deals with what she has learnt from living in a haredi community. The friendships she has developed (which would be impossible in a large city where the haredim have no substantive contact with non-Jews and certainly do not allow their children to play together) bring great enlightenment to her own Christian faith. With all of the bad press focusing on the haredi community (some of which is deserved and self-inflicted), it is nice to read such a positive portrayal.

Soloveichik is currently working on his PhD at Princeton, and due to his many essays he has already made a mark. While it is true that political concerns play a central role in his writing, and he seems most comfortable in the role of public intellectual rather than academic scholar, there is a great deal of learning in everything that he produces. He has also emerged as Orthodoxy’s most prominent “theocon,” which has led him to take positions that in my opinion are at odds with the proper halakhic response.[4] I also suspect that many will not look kindly upon his theoretical defense of torture, although no one can argue the case better than he can.[5]

There are those who will criticize Soloveichik because he engages in theological dialogue with Christians, and they think that this is in violation of the Rav’s strictures. If that were the case, then the Rav himself would be in violation, because he first delivered his famous “Lonely Man of Faith” as a lecture at a Catholic seminary.[6] The fact is that the Rav never said that theological issues couldn’t be discussed with non-Jews in a non-official setting. It all depends on the context of the discussions and the venue. In any event, it is very important to have a rabbi who actually understands Christian dogma. Otherwise, you can get poskim, like R. Joseph Messas, mentioned below, who come to decisions based on entirely incorrect information.

We should all be happy that there is a rabbi who knows that before Newman was an actor and then a tomato sauce, there was a more important Newman, that Immaculate Conception is not Virgin Birth, that Limbo is not only a game played at Bar Mitzvahs, and that St. Thomas is more than an island in the Caribbean. There are, however, many rabbis who know very little about Christianity. That is fine, but it is not fine when they try to speak about a matter they know nothing about. Some time ago I heard a talk in which the speaker gave his take on what was wrong with certain Christian ideas. The only problem was that that he had but a smattering of knowledge of the religion he was discussing. (Can you believe that there are people who speak about Catholicism without even knowing what happened at Vatican II?) After the talk someone asked me what I thought about the speaker. My reply was to quote the immortal words of Ha-Gaon R. Mizrach-Etz: “A man has got to know his limitations.”[7]

Let me begin with a short article I wrote on “Confrontation” that originally appeared on the website of Boston College’s Center for Jewish-Christian Understanding. I don’t think that many people have seen it, and posting it here will give it some more exposure. I would encourage people to also read the other papers.[8] One can even watch the original presentations.[9]Confrontation”: A Mixed Legacy If any evidence were needed of the centrality of Rabbi Joseph B. Soloveitchik in contemporary American Orthodoxy, one need only look at the vigorous exchange of ideas between Drs. Korn, Berger and Rabbi Klapper. These thinkers have focused on a close reading of the seminal essay “Confrontation,” and have argued about its message and implications in a changed world. I would like to call attention to some points that have not been raised, which I regard as unfortunate results of the widespread acceptance in American Orthodoxy of the perspective offered in “Confrontation.”

My goal in these comments is not to criticize the essay, but rather to clarify its impact. In fact, both in my personal and professional life (with perhaps one exception) I have avoided all venues of interfaith dialogue, and this despite being in my tenth year of teaching at a Jesuit university. I have participated in numerous events where Christians were exposed to Judaism, as well as some where I learnt more about Christianity, but it is unlikely that Rabbi Soloveitchik’s position has any relevance to these situations.

Rabbi Joseph B. Soloveitchik’s warning was directed against Jews dialoguing with Christians in some sort of organized, presumably official,[10] meeting, and the fears he expressed relate to this type of setting. On the other hand, individual Jews and Christians discussing each other’s religion has occurred in every generation, and neither this, nor a Jew giving a lecture to Christians about some aspect of Judaism, qualifies as dialogue of the sort that the Rav was warning against. It is therefore not surprising that even the most strident opponents of dialogue do not mention the subject of Orthodox professors teaching at universities whose student body is primarily Christian.

I have abstained from involvement in interfaith dialogue not because I regard the Rav’s essay as a binding halakhic decision, but because I would have felt uncomfortable being regarded by the other side as a representative of Judaism. (Despite being part of a department of Theology and Religious studies, I am hardly a theologian.) In addition, I have always been sensitive to an aspect of dialogue that the Rav was concerned with, namely, that Jews will feel pressure to adjust their religious views in response to moves from the Christian side. In calling attention to this point, I feel that the Rav was uncannily prescient.

Yet despite the fact that I have lived my life in accordance with the Rav’s guidelines, I believe that his position has had certain negative consequences. It might be that these are the sorts of consequences that Orthodox Jews who follow the Rav’s prescriptions must live with, but I hope not.

One of these consequences is religious separatism, and when it comes to interfaith relations the Modern Orthodox have adopted the same position as that of the right-wing Orthodox. Thus, in the United States one finds virtually no relationships between Modern Orthodox rabbis and Christian clergymen, or between Modern Orthodox groups and their Christian counterparts, even of the sort that the Rav would encourage.[11] This type of separatism is to be expected when dealing with the haredim, but one would have thought that the rabbinic leadership of Modern Orthodoxy would be more open-minded in this area. Yet for many Modern Orthodox rabbinic figures this is not the case, and when a group of Cardinals recently toured Yeshiva University a number of faculty members and students of the Rav expressed strong criticism of the administration in allowing this visit.[12] In fact, the Rav was often cited as a source for this opposition, as if anything he wrote in “Confrontation” spoke against friendly relations and interchange of ideas in non-theological settings.[13]

In today’s Orthodox world, when it comes to Christianity the stress is on the negative, beyond anything the Rav wrote about in “Confrontation.” This has brought about a broad refusal on the part of Modern Orthodox rabbis to have even the barest of relationships with their Christian counterparts. I am not blaming this on “Confrontation,” since before the essay appeared such relationships were also rare, but the essay reinforced the atmosphere of distance between Orthodox Jews and Christians in all spheres, even though this was not its intent. To put it another way, I would say that, despite its intent, “Confrontation” reaffirmed Orthodox Jews’ inclination that, in all but the most negligible circumstances, they should ignore the dominant religion and its adherents. A different essay by the Rav could have put an even greater stress on the positive results of interfaith cooperation in “secular” spheres.[14] Instead, almost nothing was done to remove the fear of Christianity from Orthodoxy, and while in the very shadow of Vatican II this might have been the correct approach, by now I think we have moved beyond this. Yet even in our day it would still be unheard of for a Christian clergyman to address the members of an Orthodox synagogue or group about matters of joint concern. A lay Christian might be welcome, but any relationship with clergy is seen as dangerous, in that it could lead to a compromising of traditional Jewish beliefs.

Another result of the lack of any dialogue between Orthodox Jews and Christians is that in addition to the fear of Christianity, there remains an enormous amount of ignorance. On numerous occasions I have heard Orthodox Jews assert that according to Christianity one must accept Jesus in order to be “saved”. When I have pointed out that this notion has been repudiated by the Catholic Church as well as by most Protestants, the response is usually incredulity.

It is also significant that Orthodox Jews treat Christianity as an abstraction, and detailed discussions about its halakhic status continue to be published. I find it strange, however, that in our post-modern era people can write articles offering judgments about Christianity based solely on book knowledge,[15] without ever having spoken to Christian scholars and clergymen, that is, without having ever confronted Christianity as a living religion.[16] There is something deeply troubling about Orthodox figures discussing whether Christianity is avodah zarah without attempting to learn from Christians how their faith has impacted their lives. I would think that this narrative, attesting as it does to the redemptive power of faith, must also be part of any Jewish evaluation of Christianity.[17] Yet barring theological dialogue, how is this possible?
I realize that the halakhic system prefers raw data to experiential narratives, but certainly modern halakhists and theologians are able to find precedents for inclusion of precisely this sort of information. After all, wasn’t it personal contact with Gentiles, and the recognition that their lives were not like those of the wicked pagans of old, that led to a reevaluation of the halakhic status of the Christian beginning with Meiri and continuing through R. Israel Moses Hazan,[18] R. David Zvi Hoffmann, and R. Jehiel Jacob Weinberg?

The concern with dialogue leading to attempted revisions of traditional Jewish beliefs is certainly well-founded, but the flip-side is that without any direct contact distortions can arise in the other direction as well, namely, in how non-Jews are viewed. Could Saadia Grama ever have written his infamous book[19] if his Gentile neighbor, the Christian, was a real person instead of a caricature? Of course, one does not need interfaith theological dialogue in order to see adherents of other religions in a more positive light than Grama, but as noted above, a current trend opposes even non-theological dialogue. When all substantive contact with the Other is off-limits, it becomes much easier for extremists to reawaken old prejudices that should have no place in a modern democratic society.

I don’t have any illusions that the leaders of American Orthodoxy will change their stance on this matter even after considering what I and others have written. Yet this does not mean that all is lost when it comes to Jewish-Christian relations. Even without theological dialogue there is still a great deal that we can discuss, and thus ensure that neither Orthodox Jews nor Christians are strangers in each other’s eyes. There is a host of social and political issues that affect both of our communities and a vast reservoir of goodwill and respect among Christians for Jews, and Orthodox Jews in particular. Isn’t it time the Orthodox responded in kind?* * *With regard to the Rav and Christianity, it is interesting to note what R. Samuel Volk wrote. R. Volk was one of the other roshei yeshiva at RIETS, an outstanding talmudist who had studied in Telz. Yet he was no fan of the Rav and went so far as to accuse the latter of adopting Christian imagery. In his eulogy for Dr. Samuel Belkin, the Rav described the latter as a wandering and restless yeshiva student. This was too much for Volk (who clearly had a bone to pick with the Rav). In the introduction to volume 7 of his Sha’arei Tohar, he wrote: ראשית כל הנני להעיר שהביטוי הזה של “נודד” שאל “גאון” זה מהגוים ימ”ש, שאומרים שבעבור שעם ישראל לא קבלו תורת “אותו האיש” נתקללו להיות “עם נודד לעולם” ימ”ש וזכרם. ועליהם אין להתפלא דמה לנו ולהם? אבל על “גאון” הנ”ל שיש לו אפי’ “פאספארט” של זכות אבות יש להתפלא! He repeats this criticism of the Rav in his Sha’arei Tohar, vol. 8, p. 332.[20] Yet this is nothing compared to how he savages Dr. Belkin, his former boss. Out of respect for Belkin, I will refrain from reproducing what he writes (which can be found in the just mentioned sources). His words are a good reflection of the conflict and tension that existed between Belkin and the roshei yeshiva, many of whom saw Belkin’s goals as at odds with Torah Judaism[21] On occasion Belkin had to give in to them, as in their threat to resign en masse if he went through with his plan to move Stern College uptown near Yeshiva University. Yet they usually had to sit by and feel growing anger at what they viewed as Belkin’s wrong-headed moves. It was only after they were no longer employed at YU that they could express themselves openly. When they did, it is not surprising that they could be sharper than the most harsh haredi critics. Another strong attack on Belkin was penned by R. Chaim Dov Ber Gulevsky, who also taught at YU. (I will have a great deal more to say about his fascinating writings in one of my upcoming posts.) As with Volk, Gulevsky too, unfortunately, falls into the trap of attacking Belkin personally.[22] In the case of Gulevsky, I can say that he believed that in doing so he was defending the honor of the Rav, for whom he has the greatest respect. Yet, as with Volk, his attack is way overboard, so much so that I am again embarrassed to cite it. It is unfortunate that rather than focusing on all the Torah he taught while at YU, Gulevsky concludes on the following note: ואני תפילה שנזכר לחיים טובים ממלך חפץ בחיים אמן ואמן. ושלא יענישו ושלא ירחיקו אותי ממקורי, וממחיצת צדיקים ישרים ותמימים גאוני ישראל קדושי עליונין בגלל שפעם הייתי במחיצתו של “אותו הנשיא”, “אשר מכף רגל והראש לא היה בו מתום” . . . ר”ל. In Gulevsky’s attack, we also see reflected the long battle between the roshei yeshiva and the adherents of academic Jewish scholarship. This dispute was found at the institution from its early years, and is described in Rakefet’s biography of Revel, Solomon Zeitlin was probably the first focus of the roshei Yeshiva’s anger. A number of others, most notably Irving Agus and Meir Simhah Feldblum, would later run into trouble from the halls of RIETS on account of their outlooks. In Gulevsky’s mind, Belkin was not an adherent of Torah study of the traditional sort – he even denies the well-known story that Belkin received semikhah from the Hafetz Hayyim at age seventeen. He sees Belkin as having sold his soul to the idolatry of academic Jewish studies, with all the heresy that went along with it. In fact, it is not merely academic Jewish studies that Gulevsky sees as Belkin’s downfall, but no less than the hated ‘hokhmah yevanit” that the Sages had warned about. Philo of Alexandria is, in Gulevsky’s understanding, just another example of “hokhmah yevanit.”[23] This involvement with Greek wisdom also led Belkin to his friendships with Christian scholars and “the professor who thought that ‘the Jews made a terrible mistake’ in pushing away oto ha-ish r”l”. Gulevsky told me that (as I suspected) the unnamed professor is Harry A. Wolfson, who was the preeminent Philo scholar of his time. Yet I don’t think Wolfson ever said this, and I believe Gulevsky has confused Wolfson with Joseph Klausner. Gulevsky also recalls with pain how, in his annual shiur in memory of R. Yitzhak Elhanan Spektor, for whom RIETS was named, Belkin would include material dealing with Philo rather than give a traditional shiur. According to Gulevsky, this even led Belkin to make heretical statements with regard to the Oral Law. He also blasts Belkin’s lengthy article on Philo and Midrash Tadshe[24] and what he regards as Belkin’s foolish attempt to posit a Philonic influence on the Zohar through an ancient midrashic tradition.[25] Rather than seeing this last article as a worthy attempt to uphold an ancient dating for the Zohar, Gulevsky instead points out how Scholem rejected Belkin’s position as completely nonsensical, even doing so on a visit to Yeshiva University.[26] * * * Returning to the issue of Judaism and Christianity, let me begin by calling attention to some curiosities that are perhaps not so well known. The first relates to R. Israel Moshe Hazan, mentioned above. His positive view of Christian scholars seemed so over the top to R Eliezer Waldenberg, that the latter delivered a stinging rebuke in Tzitz Eliezer 13:12: שומו שמים למקרא מה יפית כזה לאמונת הנוצרים וחכמיהם מפורש יוצא וללא כל בושה, מפי בעל התשובה . . . ובכלל המותר לקרוא קילוס לחכמיהם? ואיה האיסור של לא תחנם שישנו בדבר? As far as I know, Hazan is the only rabbinic author to publish a Christian haskamah in his work (he actually publishes two). These appear in his Nahalah le-Yisrael, which is devoted to a halakhic problem dealing with inheritance. Translations of these haskamot are found in the appendix to Isadore Grunfeld’s The Jewish Law of Inheritance.[27] (The section dealing with Hazan and his Nahalah le-Yisrael is called: “A Cause Célèbre, A Remarkable Man and a Remarkable Book.”) The Christian scholars’ haskamot appear together with the haskamot of such renowned figures as R. Hayyim David Hazan of Izmir (later Rishon le-Zion in Jerusalem), R. Eleazar Horovitz of Vienna, R. Shimon Sofer of Mattersdorf, R. Avraham Samuel Sofer of Pressburg, and R. Meir Ash of Ungvar. Hazan’s testimony about Jews who would go to the Church to listen the music, even if they stood outside the sanctuary has also been very troubling for many. The whole question of the propriety of entering a church deserves its own post. In years past no Jew would enter a Church unless he was forced to, or in order to avoid enmity. R. Moses Sitrug, Yashiv Moshe, vol. 1, no. 235, discusses the latter case and he advises removing one’s head covering before entering the church. If not, one will be forced to do so in the church, and this would appear as if one was worshipping with the Christians.[28] (When the Chief Rabbi of England is present in a church for an important state function, he does not remove his kippah, and is not expected to.) I began this post with Meir Soloveichik. There was actually another Soloveitchik who also had a great interest in things Christian. I refer to R. Elijah Zvi Soloveitchik. Here is a picture of him.
He was the grandson of R. Hayyim of Volozhin and the uncle of R. Joseph Baer Soloveitchik, the Beit Halevi. He is also the subject of a comprehensive monograph by Dov Hyman, who was a medical doctor trained in London and who lived in Manhattan. For some reason this book was kept fairly secret, with only fifty copies published and never sold in stores. Here is the title page of the book.Among Soloveitchik’s works is a volume entitled Kol Kore (Paris, 1875). Friedberg, Beit Eked Seforim, describes this book as “in opposition to the New Testament.” Yet Friedberg never looked carefully at the volume, for if he did he would have seen that rather than being in opposition to the New Testament, it is in favor of it. Yet it is not a missionary tract. Rather, Soloveitchik followed the approach of R. Jacob Emden (whom he cites in his introduction) that the New Testament is only directed towards Gentiles, and supports the Noahide Laws. However, it has nothing to say to Jews, whom it acknowledges are obligated to keep the Torah. In line with this conception, Soloveitchik felt comfortable in authoring a commentary on the book of Matthew, and that is what the Kol Kore is. Here are the title pages of the first edition as well as the 1985 reprint. This is not the only rabbinic commentary on the book of Matthew. In 1900 R. Samuel Weintraub’s commentary on this Gospel was published (Milhemet Shmuel). Yet unlike Soloveitchik’s work, Weintraub’s commentary is devoted to exposing the Gospel’s faults.[29] Here are the two title pages of the book. The book is an interesting polemic, which unlike most polemics is written in the form of a commentary. Yet there are times when the author goes too far. For example, he deals with Matthew 1:18, which states that Mary was impregnated by the Holy Spirit. Needless to say, he strongly attacks this notion. But he also has to make sense of Gen. 6:2, which states that “the sons of God saw the daughters of men that they were fair; and they took them as wives.” The problematic words are בני אלהים, as this might be taken to show that the Torah also shares the mythological conception of gods impregnating women. Weintraub writes: הוא כתרגום אונקלס בני רברביא, ואמרו בב”ר ר”ש בן יוחאי הי’ מקלל למי שמתרגם בני אלהיא, כי לא יתכן כלל שהמלאך יבוא אל האשה ויחמוד אותה, ורק העובדי אלילים היו מאמינים בשטותים הללו כמבואר בספרי מיטהאלאגיע ובס’ יוסיפון, תדע שהרי הכתוב מסיים עלה: וירא ד’ כי רבה רעת האדם בארץ, ולא כתיב כי רבה רעת בני אלהים בארץ, כי בני אלהים האמורים היו ג”כ בני אדם כתרגום אונקלס. ואם רצה השי”ת לברא את המשיח ברוח קדשו היה לו לבראו עפר מן האדמה מבלי אב ואם כמו שברא את אדם הראשון ואז היו כולם מודים בו ואין הקב”ה בא בטרוניא עם בריותיו. The only problem with Weintraub’s point is that in his zeal to attack the Christian belief, and by asserting that only pagans could believe in a nonsensical notion such that an angel could desire a woman, he has unknowingly also placed certain rabbinic texts into the category of not simply fools, but עובדי אלילים. Devarim Rabbah 11:10 describes how “two angels, Uzah and Azael, came down from near Thy divine Presence and coveted the daughters of the earth and they corrupted their way upon the earth until Thou didst suspend them between earth and heaven.” Similar passages are found in other rabbinic texts, in particular Pirkei de-Rabbi Eliezer, ch. 22, which elaborates on how the angels desired and impregnated human women. This is part of the whole genre of “fallen angels” stories found in the ancient world. I personally have no doubt that passages such as these are foreign imports, mythological tales that somehow found their way into Jewish literature. Yet precisely because the “fallen angel” genre became part of Jewish tradition, even if one chooses to reject it I think it is going much too far to regard something that appears in traditional rabbinic sources as being idolatrous. The Sages could adopt non-Jewish notions when these related to science, history, and folklore – and even halakhah if Yaakov Elman is correct – but they would not adopt anything that smacked of idolatry. (I understand that this last statement can be challenged from a Maimonidean perspective. However, I don’t think Maimonides is correct, either historically or theologically, in the way he ties astrology to idolatry.)

With regard to ‘fallen angels”, and the cross-cultural influence on Judaism, Rabbi Leo Jung’s volume on the topic was long the classic treatment.[30] He deals with all sorts of folklore in the aggadic literature, much which has its origin in non-Jewish sources.[31] While today, this sort of book would be excommunicated in certain circles, even years ago Jung was sensitive to the implications of what he was writing. He therefore included at the beginning of the book some pages about the authority of the aggadah. This is quite interesting, since one does not expect to find such a discussion in an academic work.[32] He notes that the purpose of Aggadah is not history, but to amuse, to cheer up, to let the people forget their present suffering by either leading them back to the glorious past or by painting in bright colors the fullness of times when there will be no enemy, no slander, no prejudice. There is no trace of a definite method, of any endeavor to weave these stories into a dogmatic texture, the Haggadah containing all that had occupied the popular mind, what they had heard in the beth hammidrash, or at a social gathering. Stories contradicting each other, theories incompatible with one another, are very frequent. They are recorded as the fruits of Israel’s genius. They have no authority, they form no part of Jewish religious belief. Nor may they be taken literally: it is always the idea, the lesson, and not the story, which is important. It is wrong to say that the Haggadah contains the doctrines of the Rabbis, or that only orthodox views have been admitted to the exclusion of all the rest (pp. 3-4).Jung continues by citing the classic sources in this regard, namely, R. Sherira Gaon, R. Samuel ha-Nagid, and of course, R. Abraham ben Maimonides. He also cites R. David Zvi Hoffmann, “recognized as the greatest rabbinical authority of our age” (p. 4), who in his introduction to his commentary to Leviticus states that there is no obligation to accept Aggadah. Jung concludes:It is very important to remember that there is no such thing as a systematic Jewish Theology. Even a system of fundamental points of creed did not grow up before the times of the Karaites and then was evolved through the necessity of defending Judaism. Maimonides endeavored to condense Judaism into thirteen principles of faith, but, as Crescas rightly contends, they are both too many and too few. The Haggadah, while preaching the beauty of holy life, does not give us law of belief and practice; the religious conduct of the Jew is regulated entirely by the Halakha (pp. 6-7).The status of Aggadah has been raised so much in recent centuries that people today are often unaware of the attitude towards Aggadah of some geonim and rishonim, in how they were prepared to reject aggadot that didn’t appeal to them. Thus, they will be surprised to read what Jung writes. For similar sentiments from another Orthodox leader, let me quote from Chief Rabbi Joseph Hertz, in his Foreword to the Soncino Talmud (in words that today would land him in herem): We have dogmatical Haggadah, treating of God’s attributes and providence, creation, revelation, Messianic times, and the Hereafter. The historical Haggadah brings traditions and legends concerning the heroes and events in national or universal history, from Adam to Alexander of Macedon, Titus and Hadrian. It is legend pure and simple. Its aim is not so much to give the facts concerning the righteous and unrighteous makers of history, as the moral that may be pointed from the tales that adorn their honour or dishonour. That some of the folklore elements in the Haggadah, some of the customs depicted or obiter dicta reported, are repugnant to Western taste need not be denied. “The great fault to be found with those who wrote down such passages,” says Schechter, “is that they did not observe the wise rule of Dr. Johnson who said to Boswell on a certain occasion, ‘Let us get serious, for there comes a fool.’ And the fools unfortunately did come, in the shape of certain Jewish commentators [!] and Christian controversialists, who took as serious things which were only the expression of a momentary impulse, or represented the opinion of some isolated individual, or were meant simply as a piece of humorous by-play, calculated to enliven the interest of a languid audience.” In spite of the fact that the Haggadah contains parables of infinite beauty and enshrines sayings of eternal worth, it must be remembered that the Haggadah consists of mere individual utterances that possess no general and binding authority. to be continued . . .

[1] See here[2] See here [3] See here [4] For example, his lecture “The Man with Levi’s Genes: Cloning, Biotechnology and Judaism” available here [5] See here. This is a lecture that Soloveichik gave at the University of Scranton. The respondent from the Jewish side is Rabbi Aryeh Klapper, one of the most enlightened and thoughtful spokesmen for Modern Orthodoxy.[6] See Reuven Kimelman, “Rabbis Joseph B. Soloveitchik and Abraham Joshua Heschel on Jewish-Christian Relations,” Edah Journal (Kislev 5765), p. 8.[7] See here[8] See here[9] See here[10] This point is stressed by David Hartman, Love and Terror in the God Encounter (Woodstock, VT., 2001), pp. 157-158. [11] In “Confrontation” the Rav writes: “We cooperate with the members of other faith communities in all fields of constructive human endeavor.” See also the more emphatic Feb. 1966 statement of the Rabbinical Council of America, formulated by the Rav, in Norman Lamm and Walter S. Wurzburger, eds., A Treasury of “Tradition” (New York, 1967), pp. 78-79: “In the areas of universal concern, we welcome an exchange of ideas and impressions. Communication among the various communities will greatly contribute towards mutual understanding and will enhance and deepen our knowledge of those universal aspects of man which are relevant to all of us. . . . When, however, we move from the private world of faith to the public world of humanitarian and cultural endeavors, communication among the various faith communities is desirable and even essential. We are ready to enter into dialogue on such topics as War and Peace, Poverty, Freedom, Man’s Moral Values, The Threat of Secularism, Technology and Human Values, Civil Rights, etc., which revolve about religious spiritual aspects of our civilization. Discussion within these areas will, of course, be within the framework of our religious outlooks and terminology.” It appears that this is precisely the sort of dialogue currently carried on by Israel’s Chief Rabbinate, under the able guidance of Rabbi Shear Yashuv Cohen. (The website of the Boston College Center for Christian-Jewish Learning contains joint statements issued by the Pontifical Commission for Religious Relations with the Jews and the Israeli Chief Rabbinate.) Yet this type of dialogue would never be sanctioned by Orthodox leaders in the United States. [12] See e. g., R. Abba Bronspiegel, Letter to the Editor, The Commentator (Yeshiva U. student newspaper), Feb. 3, 2004; R. Hershel Reichman, “The Cardinals’ Visit: Thoughts of a Rosh Yeshiva,” The Commentator, Feb. 17, 2004; R. Herschel Schachter, “The Temple and the Mikdash Me’at,” idem, “Am Hanivchar” (audiotape of a shiur), R. Mayer Twersky, “The Humility to Defer,” idem, “Living as a Jew in Gentile Society (audiotape of a shiur), all available at www.torahweb.org. [13] Even in the Middle Ages R. Bahya Ben Asher, commentary to Lev. 11:7, was able to look towards Messianic days as a time when Edom (i.e., Christendom) would not merely support the people of Israel (as is the case with many Christians today), but would even build the Third Temple! Presumably, this must be understood as meaning that they will help the Jews in the rebuilding, yet it still speaks to a remarkable level of interfaith cooperation. See Abraham Lipshitz, Iyyunim ba-Beur al ha-Torah le-Rabbenu Bahya ben Asher (Jerusalem, 2000), pp. 238-239 [14] In the final footnote to “Confrontation”, the Rav writes: “The term ‘secular orders’ is used here in accordance with its popular semantics. For the man of faith, this term is a misnomer. God claims the whole, not a part of man, and whatever He established as an order within the scheme of creation is sacred.”[15] This book knowledge is often very limited as well, and it is worth noting that while Catholic universities routinely offer courses on Judaism, a course devoted to Christianity – or probably any religion for that matter – cannot be offered at Yeshiva University. While there are legitimate, perhaps insurmountable, halakhic concerns about such courses, this itself illustrates why many otherwise learned and sophisticated Orthodox Jews are so ill informed when it comes to world religions.[16] It must be noted, however, that information acquired in this fashion might not reflect authentic Christian doctrine. An example of this is found in a responsum of R. Joseph Messas (1892-1974), Mayim Hayyim (Jerusalem, 1985), II, p. 198. In a striking example of interfaith discussion, he describes his visit to a church while serving as rabbi of Tlemcen, Algeria. There he discussed Catholic doctrine with a priest so as to be able to decide a halakhic query. Yet Messas’ report of how the priest explained the Trinity is hardly the Catholic position. Assuming Messas understood what he was told, what most likely happened was that the priest, living in an Islamic country, did not feel it necessary to offer a completely frank explanation of what the Triune God is all about.[17] Included as an appendix to “Confrontation” is a Feb. 1964 statement adopted by the Rabbinical Council of America and probably authored by the Rav. It states: “Each religious community is endowed with intrinsic dignity and metaphysical worth.” This evaluation is far removed from the notion that Christianity is nothing more than avodah zarah. [18] Hazan goes so far as to state that it is obligatory (!) for Jews to make use of church tunes in the synagogue service, since these are so effective in bringing one to love of God. He also testifies that in Smyrna the cantors would go to a church in order to learn the hymns, which would then be adapted to Hebrew prayers and used in the High Holidays service! See Kerakh shel Romi (Livorno, 1876), pp. 4a-b. [19] Romemut Yisrael u-Farashat ha-Galut (Lakewood, 2002).[20] The first source was called to my attention by Zalman Alpert.[21] It is presumably because of the attacks on Belkin and the Rav that Volk is omitted from Yevul ha-Yovelot, a volume published on the hundredth anniversary of RIETS, which contains Torah articles from what appears to be every Rosh Yeshiva ever to teach there. In addition, there is no entry for him in Ve-Hayu Einekha Ro’ot et Morekha, a RIETS publication which also appears to contain every other deceased Rosh Yeshiva. (Both of these facts were called to my attention by Zalman Alpert.) [22] Nishmat Hayyim, introduction (found in his Arba’ah Sefarim Niftahim (Emanuel, n.d.). [23] For an attempt to rehabilitate Philo’s reputation among traditional Jews, see Naomi G. Cohen, “Philo Judeaus and the Torah True Library,” Tradition 41 (Fall 2008): 31-48. On pp. 38-39, Cohen makes the point, following David Winston, that there is no doctrine of creation ex nihilo in the rabbinic period, and she agrees with David Winston that “the recurring aggadic expression ‘I will return the world to tohu wa-bohu’ . . . also implies an original chaos preceding creation.” If true, this should not be surprising as there are other dogmas as well (e.g., divine incorporeality) which have their origin in the post-rabbinic period. (The doctrine existed in rabbinic days, but it was not yet a dogma.) Yet unfortunately, Cohen is unaware that later in life Maimonides added the dogma of creation ex nihilo to his Thirteen Principles.

I also found it interesting that on p. 40 she writes that “even biblical characters who obviously did not belong to the world of Torah learning have been so pictured by rabbinic midrash.” In her note she writes that in the Midrash “the Patriarch Jacob is imagined as having studied in the Yeshiva of Shem and Ever. The midrash makes a play on the word zekunim, reading it without the “vav” as zekenim=elders, scholars.” While I think most people reading this will not see anything remarkable in what she has written, I like to take note of such formulations which are in direct opposition to the Artscroll approach to biblical history and the role of Midrash. [24] “Midrash Tadshe o Midrash de-R. Pinhas Ben Yair: Midrash Hellenisti Kadum,” Horev 11 (1951), pp. 1-52.[25] “Ha-Midrash ha-Neelam u-Mekorotav be-Midrashim ha-Alexandri’im,” Sura 3 (1957-1958), pp. 25-92.[26] See Origins of the Kabbalah, p. 6 n. 1. Gulevsky adds: ברור שהיה מעולמו של הכופר גרשום שלום, הרבה הרבה יותר, מלהבדיל אלף אלפי הבדלות מעולמו של בעל החפץ חיים, למרות שהוא הכניס כמה ראשי ישיבה “מסטרא דימינא” כביכול.[27] (Southfield, 1987)[28] R. Joseph Messas states that we should not ask Gentiles to cover their heads when they come to our synagogues, because for them this is not a sign of respect. See Mayim Hayyim, vol. 1 pp. 32-33. [29] Quite apart from the focus of the book, in the introduction Weintraub publishes what purports to be an unknown poem from R. Jonathan Eybschuetz, in which the author’s name appears as an acrostic.[30] Fallen Angels in Jewish, Christian, and Mohammedan Literature (Philadelphia, 1926). A few years ago Annette Yoshiko Reed also published a significant book on this theme, Fallen Angels and the History of Judaism and Christianity: The Reception of Enochic Literature (Cambridge, 2005). [31] For those interested in further examples of folklore in Aggadah, see Daniel Sperber, Magic and Folklore in Rabbinic Literature (Ramat Gan, 1994). Nosson Slifkin’s book Sacred Monsters is also quite valuable, as is Meir Bar-Ilan’s article on the same topic, “Yetzurim Dimyoniyim be-Aggadah ha-Yehudit ha-Atikah,” Mahanayim 7 (1994), pp. 104-113, available here[32] The entire volume had earlier appeared in installments in the Jewish Quarterly Review.




Marc B. Shapiro – Responses to Comments and Elaborations of Previous Posts III

Responses to Comments and Elaborations of Previous Posts III
by Marc B. Shapiro

This post is dedicated to the memory of Rabbi Chaim Flom, late rosh yeshiva of Yeshivat Ohr David in Jerusalem. I first met Rabbi Flom thirty years ago when he became my teacher at the Hebrew Youth Academy of Essex County (now known as the Joseph Kushner Hebrew Academy; unfortunately, another one of my teachers from those years also passed away much too young, Rabbi Yaakov Appel). When he first started teaching he was known as Mr. Flom, because he hadn’t yet received semikhah (Actually, he had some sort of semikhah but he told me that he didn’t think it was adequate to be called “Rabbi” by the students.) He was only at the school a couple of years and then decided to move to Israel to open his yeshiva. I still remember his first parlor meeting which was held at my house. Rabbi Flom was a very special man. Just to give some idea of this, ten years after leaving the United States he was still in touch with many of the students and even attended our weddings. He would always call me when he came to the U.S. and was genuinely interested to hear about my family and what I was working on. He will be greatly missed.
1. In a previous post I showed a picture of the hashgachah given by the OU to toilet bowl cleaner. This led to much discussion, and as I indicated, at a future time I hope to say more about the kashrut industry from a historical perspective.[1] I have to thank Stanley Emerson who sent me the following picture.
It is toilet bowl cleaner in Israel that also has a hashgachah. Until Stanley called my attention to this, I was bothered that the kashrut standards in the U.S. had surpassed those of Israel. I am happy to see that this is not the case. (In fact, only in Israel can one buy a package of lettuce with no less than six (!) different hashgachot. See here)
But in all seriousness, I think we must all be happy at the high level of kashrut standards provided by the OU and the other organizations. This, of course, doesn’t mean that we have to be happy with what has been going on at Agriprocessors. I realize that this is a huge contract, but it was very disappointing to see that the first response of the OU to the numerous Agriprocessors scandals, beginning with the PETA video, has been to circle the wagons and put out the spin. Any changes from the OU only came after public outrage, and if the hashgachah is eventually removed from Agriprocessors, it will once again be due to this outrage. To be sure, we no longer can imagine cases of meat producers locking the mashgiach in the freezer,[2] but it does seem that the company was being given pretty free reign in areas where the hashgachah could have been using more of its influence. (Let’s not forget that Agriprocessors needs the OU more than the reverse.) At the very least, we need some competition in the glatt kosher meat business. Agriprocessors has a near monopoly and as we all know, competition is what forces businesses to operate at a higher standard.
In fact, the entire glatt kosher “standard” should be done away with and turned into an option for those who wish to be stringent. This has recently been tried in Los Angeles, with the support of local rabbis, but I don’t know how successful it has been. The only way this can happen on a large scale is if the OU once again starts certifying non-glatt. The masses have been so brainwashed in the last twenty years that they will not eat regular kosher unless it has an OU hashgachah. There is no good reason – there are reasons, but they aren’t good – why the OU does not certify non-glatt. As is the case with the Chief Rabbinate in Israel, the OU should certify both mehadrin (glatt) and non-mehadrin.
It might be that people in Teaneck and the Five Towns don’t feel the bad economic times. Yet there are many people who are having difficulty making ends meet. It is simply not fair to create a system where people are being forced to pay more money for meat than they should have to. The biggest problem Orthodoxy faces, and the factor that makes it an impossible lifestyle for many who would otherwise be drawn to it, is the enormous costs entailed. Anything we can do to lower this burden, even if it is only a couple of hundred dollars a year–obviously significantly more for communal institutions–should be done.
Returning to Agriprocessors, while the current issue focuses on the treatment of workers, the problem of a couple of years ago focused on the treatment of animals. Yet the two should not necessarily be seen as so far apart. According to R. Joseph Ibn Caspi (Mishneh Kesef [Pressburg, 1905], vol. 1, p. 36), the reason the Torah forbids inflicting pain on animals is “because we humans are very close to them and we both have one father”! This outlook is surprising enough (and very un-Maimonidean), but then he continues with the following incredible statement: “We and the vegetables, such as the cabbage and the horseradish, are brothers, with one father”! He ties this in with the command not to cut down a fruit tree (Deut. 20:19), which is followed by the words כי האדם עץ השדה. This is usually understood as a question: “for is the tree of the field man [that it should be besieged of thee?] Yet Caspi understands it as a statement, and adds the following, which together with what I have already quoted from him will make the Jewish eco-crowd very happy.
כי האדם עץ השדה (דברים כ’ י”ט), כלומר שהאדם הוא עץ השדה שהוא מין אחד מסוג הצמח כאמרו כל הבשר חציר (ישעיה מ’ ו’) ואמרו רז”ל בני אדם כעשבי השדה (עירובין נד ע”א)
Finally, in Rabbi Shmuel Herzfeld’s op-ed on Agriprocessors in the New York Times (see here) he wrote as follows: “Yisroel Salanter, the great 19th-century rabbi, is famously believed to have refused to certify a matzo factory as kosher on the grounds that the workers were being treated unfairly.” Herzfeld was attacked by people who claimed that there is no historical source to justify this statement. While the story has been garbled a bit, the substance indeed has a source. I refer to Dov Katz, Tenuat ha-Mussar, vol. 1, p. 358. Here R. Yisrael Salanter is quoted as saying that when it comes to the production of matzah, one must not only be concerned with the halakhot of Pesah, but also with the halakhot of Hoshen Mishpat, i.e., that one must have concern for the well-being of the woman making the matzah.
אין כשרות המצות שלמה בהידוריהן שבהלכות פסח לבד, כי אם עם דקדוקיהן גם בדיני חשן משפט
2. In my previous post I wrote: “With regard to false ascription of critical views vis-à-vis the Torah’s authorship, I should also mention that Abarbanel, Commentary to Numbers 21:1, accuses both Ibn Ezra and Nahmanides of believing that the beginning verses of this chapter are post-Mosaic. Yet Abarbanel must have been citing from memory, since neither of them say this. In fact, Ibn Ezra specifically rejects the notion that the verses were written by Joshua.” I made a similar point in Limits of Orthodox Theology, p.106 n. 102.
I looked at Abarbanel again and would like to revise what I wrote. I don’t think it is correct to say that Abarbanel was citing from memory, since he quotes Nahmanides’ words. With regard to Ibn Ezra, I now assume that Abarbanel thinks Ibn Ezra is being coy. In other words, although Ibn Ezra cites a view held by “many” that Joshua wrote the beginning of Numbers 21, and then goes on to reject this view, Abarbanel doesn’t trust Ibn Ezra. He thinks that Ibn Ezra really accepts the “critical” view. I see absolutely no evidence for this. Ibn Ezra has ways to hint to us when he favors a critical view, and he never does so with this section. Furthermore, I am aware of no evidence that the “many” who hold the critical view are Karaites, as is alleged by Abarbanel.
What led Abarbanel to accuse Nahmanides of following Ibn Ezra in asserting that there are post-Mosaic verses in Numbers 21? As with Ibn Ezra, Abarbanel sees Nahmanides as hiding his critical view and only hinting to it. Numbers 21:3 reads: “And the Lord hearkened to the voice of Israel, and delivered up the Canaanites; and they utterly destroyed them and their cities; and the name of the place was called Hormah.” Yet as Nahmanides notes, it is in Judges 1:17 that we see the destruction of the Canaanites and the naming of the city Hormah. How, then, can the city be called Hormah in Deuteronomy when it won’t be conquered and named for many years?
Nahmanides writes that the Torah here is relating “that Israel also laid their cities waste when they came into the land of Canaan, after the death of Joshua, in order to fulfill the vow which they had made, and they called the name of the cities Hormah.” In other words, the Torah is describing an event, including the naming of a place, which will only take place a number of years later. This event is described in the book of Judges. The verse in Numbers is written in the past tense, which would seem to render Nahmanides’ understanding problematic. Yet as Chavel points out in his notes to his English edition, this does not concern Nahmanides. “Since there is no difference in time for God, it is written in the past tense, for past, present, and future are all the same to Him.”
This is certainly true with regard to God, but what about the Children of Israel? How are they supposed to read a section of the Torah that speaks about an event as having happened in the past but which in reality has not yet even taken place? These are problems that the traditional commentators deal with, but Abarbanel sees Nahmanides as departing from tradition and offering a heretical interpretation. He is led to this assumption because Nahmanides uses the ambiguous words “Scripture continued” and “Scripture, however, completed the account.” Why didn’t Nahmanides say that Moses wrote this? It must be, according to Abarbanel, that Nahmanides is hinting that this was written down after Moses’ death. In Abarbanel’s words:
כי הרב כסתה כלימה פניו לכתוב שיהושע כתב זה. והניח הדבר בסתם שהכתוב השלימו אבל לא זכר מי היה הכותב כיון שלא היה משה עליו השלום והדעת הזה בכללו לקחהו הראב”ע מדברי הקראים שבפירושי התורה אשר להם נמנו וגמרו שלא כתב זה מזה והרמב”ן נטה אחרי הראב”ע והתימה משלימות תורתו וקדושתו שיצא מפיו שיש בתורה דבר שלא כתב משה. והם אם כן בכלל כי דבר ה’ בזה.
From here, let me return for the third time to what some would see as an aspect of biblical criticism in Radak. To recap, in his commentary to I Sam. 4:1 Radak writes:
על האבן העזר: כמו הארון הברי’ והכותב אמר זה כי כשהיתה זאת המלחמה אבן נגף היתה ולא אבן עזר ועדיין לא נקראה אבן העזר כי על המלחמה האחרת שעשה שמואל עם פלשתים בין המצפה ובין השן שקרא אותה שמואל אבן העזר שעזרם האל יתברך באותה מלחמה אבל מה שנכתב הנה אבן העזר דברי הסופר הם וכן וירדף עד דן.
Dr. H. Norman Strickman convinced me that Radak means that the words “and pursued as far as Dan” are a later insertion, since the city was only named Dan after it was conquered in the days of Joshua (Joshua 19:47). In a comment to the post, Benny wrote:
There is no reason to assume that Radak is not referring to Moses prophetically writing the word Dan. It just means that in the time that the story took place, the name was not Dan. . . . I think that it is definitely possible that Radak understood that Moshe is the one who wrote “Et HaGilad Ad Dan”.
Dr. Yitzchak Berger wrote to me as follows:
I think the commenter ‘Benny’ was right about Radak’s view of Gen. 14:14. At I Sam 4:1 he’s probably merely contrasting the author-narrator’s [i.e. “sofer’s”–MS] perspective with that of the players in the story, concerning the phrases in both Samuel and Genesis (in the case in Samuel there would be no reason for him to introduce a later editor).”
As is often the case in these sorts of disputes, I find myself being moved by the last argument I hear. As I noted in the earlier post, Radak elsewhere insists on complete Mosaic authorship of the Pentateuch. Thus, it is certainly easier to read this text in a way that would not create a contradiction.
While on the subject of Mosaic authorship, let me also add the following. David Singer recently wrote an interesting article on Rabbi Emanuel Rackman.[3] With the recent passing of Rabbi Moses Mescheloff,[4] Rackman, born in 1910, might be the oldest living musmach of RIETS. If this is so, don’t expect this to be acknowledged in any way by the powers at YU.[5] The ideological winds have blown rightward in the last thirty years, and Rackman has moved leftward. He is thus no longer regarded as representative of RIETS or worthy of any acknowledgment.[6]

A similar thing happened at Hebrew Theological College in Skokie. Rabbi Eliezer Berkovits (died 1992) was, in my opinion, the most significant and influential person ever to teach on its faculty. (Unfortunately, they didn’t let him teach Talmud, only philosophy.) Yet not only does HTC currently have no interest in recognizing him, in 2001, some eighteen years (!) after the appearance of Not in Heaven, a very negative review appeared in the Academic Journal of Hebrew Theological College.[7] To show how insignificant Berkovits is in Skokie, neither the author, Rabbi Chaim Twerski, nor any of the editors, realized that his last name is not spelled Berkowitz! Were he alive today, can anyone imagine that HTC would allow him to speak? (It would be interesting to create a list of people who founded or taught at institutions and today would be persona non grata there. A few come to mind, and for now let me just mention R. Zev Gold, the outstanding Mizrachi leader who was one of the founders, and first president, of Yeshiva Torah Vodaas. Gold, who was also a rabbi in Scranton, was one of the signers of Israel’s declaration of independence.[8])
Some people pointed out that in Twerski’s negative review, Berkovits is never even referred to as Rabbi, only as Dr. (A cynic might add that in his zeal to use the title “Dr.” instead of “Rabbi” for those he doesn’t approve of, Twerski even gives R. Judah Leib Maimon a doctorate, referring to him as Dr. Maimon.) In the following issue, Twerski apologizes for any disrespect, noting that while some people took offense at how he referred to Berkovits, others “who know [!] him well have told me that he always preferred to be addressed as ‘Dr. Berkovits.'” I think this is a fair response. After all, would anyone criticize an author for referring to “Dr. Lamm”? Yet I must also say that someone reading the article will not learn that Berkovits was a great talmudic scholar, and I don’t even know if Twerski recognizes this.
Returning to Singer, in his article he writes that Rackman accepted the Documentary Hypothesis. I discussed this issue with Rackman some years ago and this is definitely not what he told me. The most he would say was that he would not regard someone as a heretic if he accepted biblical criticism. Yet he personally was not a believer in the theory. In support of Singer’s assertion to the contrary, he quotes the following passage from Rackman: “The most definitive record of God’s encounters with man is contained in the Pentateuch. Much of it may have been written by people in different times, but at one point in history God not only made the people of Israel aware of his immediacy, but caused Moses to write the eternal evidence of the covenant between Him and His people.” He also quotes another statement by Rackman: “[T]he sanctity of the Pentateuch does not derive from God’s authorship of all of it, but rather from the fact that God’s is the final version. The final writing by Moses has the stamp of divinity – the kiss of immortality.”
Singer misunderstands Rackman. There is no Higher Criticism here, no Documentary Hypothesis. What Rackman is saying is that the stories in the Pentateuch might have been recorded by various people before Moses, but that these stories were later included in the Torah at God’s command, with Moses being the final author. In both of these passages Rackman is explicit that the Torah was written by Moses. Rackman’s position in these quotations is very traditional, asserting that all that appears in the Torah is Mosaic. With this conception it doesn’t matter if, for example, the stories of Noah or the Patriarchs had earlier written versions passed down among the Israelites, since what makes them holy and part of the Torah is God’s command to Moses that they be included in the Holy Book. This was done by Moses’ “final writing.” I can’t see anyone, even the most traditional, finding a problem in this.
While on the subject of Rackman, let me make a bibliographical point. R. Moshe Feinstein, Iggerot Moshe, Yoreh Deah IV, no. 50:2 refers to:
המאמרים של רב אחד שמחשבים אותו לרב ארטאדקאקסי שנדפסו בעיתון שבשפת אנגלית . . . והנה ראינו שכולם דברי כפירה בתורה שבעל פה המסורה לנו.
R. Moshe goes on to further attack the heresy of this unnamed rabbi, who is none other than Rackman. This can be seen by examining Ha-Pardes, May 1973, p. 7, where R. Moshe’s letter first appeared. It is not a private communication but is described as coming from Agudat ha-Rabbonim of the United States and Canada, and R. Moshe signs as president of the organization. Earlier in this issue (it is the lead article) and also in the April 1973 Ha-Pardes, R. Simhah Elberg published his own attack on Rackman, referring to him as ראביי ר. Elberg refers to Rackman’s articles which appeared regularly in the American Examiner, and which so agitated the haredim – and also many of the centrist Orthodox. This paper then joined with the Jewish Week, and became known as the Jewish Week and American Examiner. Rackman continued to publish in the paper until around 2001. (His article discussing my biography of Weinberg was one of the last ones he would write, and it is reprinted in the second edition of One Man’s Judaism [Jerusalem, 2000], pp. 402-404.)
3. Many people were interested in the claim, quoted in an earlier post, that rabbis turned over their own children to become soldiers if these children were no longer observant. If something like this ever happened it would have been very heartless, and there were, of course, many children of gedolim who became non-religious. While in some cases the child choosing a different path led to estrangement with his father, in others, father and son remained close, and I think today everyone realizes that this is the only proper approach to take.
R. Jehiel Jacob Weinberg thought that it might be a good idea for a father to attend his son’s intermarriage, in order not to break ties completely. (Believe it or not, this statement was published in Yated Neeman.) Yet to see how different things were in years past, at least among some parts of our community, consider the following responsum by the important Hungarian posek, R. Jacob Tenenbaum.[9] The case concerned an Orthodox shochet whose son went to the בית האון (This means the non-Orthodox rabbinical seminary in Budapest, against which the Orthodox rabbis carried on a crusade.) The problem was that during his vacations the son came home to his parents’ house. Tenenbaum was asked if this meant that the shochet was disqualified and could no longer serve the community. The father pleaded that he loved his son, and Tenenbaum replied that התנצלות זה הוא הבל. Tenenbaum also rejected the father’s claim that if he doesn’t show love to his son, the latter will go even further “off the derech.”
Tenenbaum demanded that the father make a complete break with his son (that is, if the father wanted to be regarded as a Jew in good standing). The choice was clear: The father had to decide between loving his son and making a living (for if chose the former he would be blacklisted throughout the country):
ואם אביו יתן לו מקום בביתו או יתמכהו באיזה דבר בזה יגלה דעתו שגם בו נזרקה מינות [!] ובזה אין חילוק בין שו”ב לאיש אחר . . . אם יחזיק ידו או יתן לו מקום בביתו הנה ידו במעל הזה אשר בנו פנה עורף לדת ה’ ועל כן צא טמא יאמר לו, ושלא יוסיף עוד ראות פניו אם לא ישמע לדבריו לעזוב דרך רשע.
I know this sounds like a Hungarian extremist approach, but R. Kook had basically the same viewpoint. In Da’at Kohen no. 7, he too is asked about a shochet whose non-religious sons live at home. R. Kook replies that while technically the actions of the sons do not destroy the hezkat kashrut of the father, nevertheless, the matter is very distasteful (מכוער). Even if the father could not be blamed at all in this matter, nevertheless, it is a hillul ha-shem. Since the beit din has the power to legislate in matters beyond the strict law, “there is no migdar milta greater than this.” He explains the reason for his uncompromising viewpoint:
שלא ילמדו אחרים להפקירות עוד יותר, כשרואין שבניו של השו”ב הקבוע הם מחללים ש”ק, ע”כ לע”ד ברור הדבר, שכ”ז שבניו הם סמוכין על שולחנו, ואין פוסקין מחילול ש”ק, איננו ראוי להיות שו”ב קבוע, ומה גם בעדה חרדית.
If this is said about a shochet, how much more would it apply to a rav of a community. It is therefore easy to understand why non-religious children of some well-known rabbis are no longer welcome in their parents’ home. (Other well-known rabbis have a completely different outlook, and reject what they would categorize as the conditional-love approach of Rabbis Tenenbaum and Kook).
4. Since I have mentioned R. Jehiel Jacob Weinberg a few times, I must call attention to something that was pointed out to me by Rabbi Chaim Miller. Miller might be known to some readers for his wonderful editions of the Chumash and Haggadah with a commentary based on writings of the Lubavitcher Rebbe. He has also published the first volume of a multi-volume work on the Thirteen Principles.[10]
I have often been asked if Weinberg gave semikhah to the Lubavitcher Rebbe. There is such a story yet I always found it suspicious that it was never mentioned in the Rebbe’s lifetime. Furthermore, Weinberg never mentions this in his letters. (He does mention that R. Yosef Yitzhak Schneersohn loved him.) So when asked, I always replied that I didn’t believe the story to be correct, as there is no evidence. In fact, I thought that the story was created as a clever way of giving the Rebbe semikhah. There is no record of him receiving semikhah before he arrived in Germany or after he left, so it made sense to have him receive it during his time in Berlin. Once you assume that the semikhah is received in Berlin, who better than Weinberg to give it to the Rebbe? Yet I always assumed that that this was a legend and wondered if the Rebbe even had semikhah.
Rabbi Miller called my attention to the new book, Admorei Habad ve-Yahadut Germanyah, pp. 103ff., where R. Avraham Abba Weingort, who is completely trustworthy (and far removed from Habad), records the testimony of two other reliable people from Switzerland who knew Weinberg well. Although there is probably some exaggeration in the details of the story they tell, they report being told by Weinberg that he indeed gave semikhah to the Rebbe, and the circumstances of how this came about (including requiring that the Rebbe come to some of his shiurim at the Berlin Rabbinical Seminary).[11] I can now better understand why the Rebbe’s contact information given to the University of Berlin was the address of the Berlin Rabbinical Seminary.[12] From now on, whenever I am asked if the Rebbe received semikhah from Weinberg, I will reply yes.
5. In recent years a few volumes from the writings of R. Yehudah Amital have been translated into English, allowing many new people to be exposed to his thoughts. Here is a provocative passage from his newest volume, Commitment and Complexity: Jewish Wisdom in an Age of Upheaval, p. 48:
We live in an era in which educated religious circles like to emphasize the centrality of Halakha, and commitment to it, in Judaism. I can say that in my youth in pre-Holocaust Hungary, I didn’t hear people talking all the time about “Halakha.” People conducted themselves In the tradition of their forefathers, and where any halakhic problems arose, they consulted a rabbi. Reliance on Halakha and unconditional commitment to it mean, for many people, a stable anchor whose purpose is to maintain the purity of Judaism, even within the modern world. To my mind, this excessive emphasis of Halakha has exacted a high cost. The impression created is that there is nothing in Torah but that which exists in Halakha, and that in any confrontation with the new problems that arise in modern society, answers should be sought exclusively in books of Halakha. Many of the fundamental values of the Torah which are based on the general commandments of “You shall be holy” (Vayikra 19:2) and “You shall do what is upright and good in the eyes of God” (Devarim 6:18), which were not given formal, operative formulation, have not only lost some of their status, but they have also lost their validity in the eyes of a public that regards itself as committed to Halakha.
This reminds me of the quip attributed to Heschel that unfortunately Orthodox Jews are not in awe of God, but in awe of the Shulhan Arukh. In truth, Heschel’s point is good hasidic teaching, and R. Jacob Leiner of Izbica notes that one can even make idols out of mitzvot.[13] He points out that the Second Commandment states that one is prohibited from making an image of what is in the heavens. R. Jacob claims that what the Torah refers to as being in the heavens is none other than the Sabbath. The Torah is telling us that we must not turn it into an idol. In this regard, R. Jacob cites the Talmud: “One does not revere the Sabbath but Him who ordered the observance of the Sabbath.”[14]
I believe that the “halakho-centrism” that Amital criticizes has another pernicious influence, and that is the overpopulation of “halakhic” Jews who have been involved in all sorts of illegal activities. A major problem we have is that it is often the case that all sorts of halakhic justifications can be offered for these illegal activities. One whose only focus in on halakhah, without any interest in the broad ethical underpinnings of Judaism, and the Ramban’s conception of Kedoshim Tihyu, can entirely lose his bearings and turn into a “scoundrel with Torah license.” The Rav long ago commented that halakhah is the floor, not the ceiling. One starts with halakhah and moves up from there. Contrary to what so many feel today, halakhah, while required, is not all there is to being a Jew, and contrary to what so many Orthodox apologists claim, halakhah does not have “all the answers.” One of the most important themes in Weinberg’s writings is the fact that there are people in the Orthodox community who, while completely halakhic, are ethically challenged.
Since I already mentioned Rabbi Rakow, let me tell a story that illustrates this. I went to Gateshead to interview him about his relationship with Weinberg. When I got there I had a few hours until our meeting so I paid a visit to the local seforim store. I found a book I wanted and asked the owner how much it cost. He gave me a price, and then added that if I was a yeshiva student there was a discount. When I later met with Rakow I asked him if it would have been OK for me to ask one of the yeshiva students to buy the book at discount, and then I could pay him for it. He replied that there was certainly no halakhic problem involved. After all, the first student acquires the book through a kinyan and then I buy it from him. But he then added: “Yet it would not be ethical.”

Weinberg’s concerns in this area were not merely motivated by the distressing phenomenon of halakhically observant people who showed a lack of ethical sensitivity. His problem was much deeper in that he feared that this lack of sensitivity was tied into the halakhic system itself. In other words, he worried that halakhah, as generally practiced, sometimes led to a dulling of ethical sensitivity. Weinberg saw a way out of this for the enlightened souls, those who could walk the middle path between particularist and universal values. Yet in his darkest moments he despaired that the community as a whole could ever reach this point. This explains why he esteemed certain Reform and other non-Orthodox figures. Much like R. Kook saw the non-Orthodox as providing the necessary quality of physicality which was lacking among the Orthodox, Weinberg appreciated the refined nature of some of the non-Orthodox he knew and lamented that his own community was lacking in this area. It was precisely because of his own high standards that he had so little tolerance for ethical failures in the Orthodox community. Weinberg’s sentiments, which focused on inner-Orthodox behavior, were not motivated by fear of hillul ha-shem. It was simply an issue of Jews living the way they are supposed to. [15]

In his opposition to halakho-centrism, Amital finds a kindred spirit in R. Moses Samuel Glasner and cites the latter with regard to the following case. What should someone do if he has no food to eat, except non-kosher meat and human flesh. From a purely halakhic standpoint, eating non-kosher meat, which is a violation of a negative commandment, is worse than cannibalism. The latter is at most a violation of a positive commandment (Maimonides) or a rabbinic commandment according to others.[16] Yet Glasner sees it as obvious that one should not eat the human flesh, even though this is what the “pure” halakhah would require, for there are larger values at stake and the technical halakhah is not the be-all and end-all of Torah.[17]
Glasner writes as follows in his introduction to Dor Revi’i:
כל מה שנתקבל בעיני בני אדם הנאורים לתועבה, אפילו אינו מפורש בתורה לאיסור, העובר על זה גרע מן העובר על חוקי התורה . . . ועתה אמור נא, בחולה שיש בו סכנה ולפניו בשר בהמה נחורה או טרפה ובשר אדם, איזה בשר יאכל, הכי נאמר דיאכל בשר אדם שאין בו איסור תורה אע”פ שמחוק הנימוס שמקובל מכלל האנושי, כל האוכל או מאכיל בשר אדם מודח מלהיות נמנה בין האישים, ולא יאכל בשר שהתורה אסרו בלאו, היעלה על הדעת שאנו עם הנבחר עם חכם ונבון נעבור על חוק הנימוס כזה להינצל מאיסור תורה? אתמהה!
In other words, the Torah has an overarching ethos (Natural Law?) which is not expressed in any specific legal text, and this can sometimes trump explicit prohibitions.[18]
Glasner has another example of this: Someone is in bed naked and a fire breaks out. He can’t get to his clothes and has two choices: He can run outside naked or put on some women’s clothes. The pure halakhic perspective would, according to Glasner, require him to go outside naked, since there is no biblical violation in this. But Glasner rejects this out of hand:
ובעיני פשוט הדבר דלצאת ערום עברה יותר גדולה . . . כי היא עברה המוסכמת אצל כל בעלי דעה, והעובר עליה יצא מכלל אדם הנברא בצלם אלוקים.
While I don’t know if the Rav would agree with Glasner, he too acknowledged that ethical concerns are a part of halakhic determination, meaning that not everything is “pure” halakhah. “Since the halakhic gesture is not to be abstracted from the person engaged in it, I cannot see how it is possible to divorce halakhic cognition from axiological premises or from an ethical motif.” Yet he adds: “Of course, in speaking of an ethical moment implied in halakhic thinking, I am referring to the unique halakhic ethos which is another facet of the halakhic logos.”[19] I wonder, though, if the approach set out here stands in contradiction to how, in his famous essay, he portrays the Halakhic Man’s mode of thinking. Would Halakhic Man, whose values arise exclusively from the halakhic system, be able to write the following, which acknowledges a significant subjective element?
Before I begin the halakhic discussion of the subject matter I wish to make three relevant observations . . . I cannot lay claim to objectivity if the latter should signify the absence of axiological premises and a completely detached attitude. The halakhic inquiry, like any other cognitive theoretical performance, does not start out form the point of absolute zero as to sentimental attitudes and value judgments. There always exists in the mind of the researcher an ethico-axiological background against which the contours of the subject matter in question stand out more clearly. . . . Hence this investigation was also undertaken in a similar subjective mood. From the very outset I was prejudiced in favor of the project of the Rabbinical Council of America and I could not imagine any halakhic authority rendering a decision against it. My inquiry consisted only in translating a vague intuitive feeling into fixed terms of halakhic discursive thinking.[20]
How often have I seen Orthodox polemicists criticize this very approach?
Finally, with regard to the issue of cannibalism mentioned above, let me point to one more relevant source (I can’t resist). In a previous post I mentioned that since every topic in halakhah has been dealt with in such detail, scholars today have to find new areas to focus on. Because of this, large books constantly appear about all sorts of things that are found in the sources, but to which no one ever gave much thought in previous years. The example I gave was an entire book dealing with the halakhot of sex change operations. The halakhot of cannibalism is one of the last areas which hasn’t yet been given a book-length treatment. However, R. Yosef Aryeh Lorincz has recently published Pelaot Edotekha.[21] The author is a rosh kollel whose previous book won an award from the municipality of Bnei Brak (see here). He is also the son of Shlomo Lorincz, one of the elders of haredi politics. He raises the following question (before reading any further, make sure the digitalis is in easy reach): Is it permitted to eat the flesh and drink the blood of demons?! Let me quote some of what he says on the topic:
יש לעיין באותם השדים שיש להם דמות אדם ומתו מה דין בשרם ודמם האם אסורים באכילה, דפשוטו אינם אדם וגם אינם בהמה אלא בריה בפנ”ע ולא מצינו שאסרה תורה לבשר ודם דשדים, אולם להאמור לעיל דשד הוה מקצת אדם, א”כ הוה כעין חצי שעור ואסורים באכילה, עוד יש לעיין אם בשרו ודמו יש להם טומאה כמת עכו”ם, ואם אסורים בהנאה לשיטות דמת עכו”ם אסור בהנאה.
Whatever you may think about hashgachot on candles and toilet bowl cleaner, I am fairly certain that even if Lorincz can prove that demon’s flesh and blood is kosher, none of the kashrut organizations will be rushing to add their symbol to this product. But in all seriousness, I know that I am not the only one who thinks that it is very unfortunate that we have Torah scholars spending time on this sort of thing.
6. I have been asked to say something about the current conversion controversy. The halakhic problems will be sorted out by the poskim, but let me make a few comments about the historical issue. There have been a number of people who have stated that the lenient approach often associated with R. Uziel is a singular opinion, or that this view was original to him. That this is mistaken can be seen by anyone who examines Avi Sagi’s and Zvi Zohar’s book Giyur u-Zehut Yehudit. In fact, throughout most of Jewish history a lenient approach to conversion was the mainstream approach.
Now it is true that R. Herzog famously states that in earlier times one could be more lenient than today, because in a traditional society when someone converted he was immediately part of a community and was required to be observant.[22] Things are very different today when you can convert and move to a secular neighborhood in Tel Aviv. There is no communal pressure for you to be observant, and the convert can look around and see that the leaders of the Jewish people in Israel, Peres, Olmert and Livni, are not religious. In such a world, R. Herzog didn’t think we could rely on certain leniencies used in the past.

However, despite R. Herzog’s opinion, the lenient approach, which didn’t insist on a convert’s complete observance of mitvot remained popular in modern times. (Contrary to what has often been stated, the lenient approach, and this includes R. Uziel, always insisted on kabbalat mitzvot. The dispute concerns what “kabbalat mitzvot” means, and whether a formal acceptance, without inner conviction, is sufficient.) Until recent years the lenient approach was even a mainstream position, alongside the more stringent (and widespread) approach. Among the adherents of the lenient approach one must mention R. David Zvi Hoffmann, who was the final halakhic authority in Germany until his death in 1921. Almost every Orthodox rabbi in that country, and many in other parts of Western Europe, looked to him as their authority. Others who held this position include R. Unterman and R. Goren. In addition, the Israeli Chief Rabbinate batei din, which were full of haredi dayanim, until recently followed the lenient approach. Many non-Jews were converted in Israel by dayanim who knew perfectly well that these people were not going to live an Orthodox life. Some of them were even intent on marrying people who were living on secular kibbutzim.[23] No one ever challenged the validity of these conversions. The situation was similar in places outside of Israel. See R. Yitzhak Yaakov Weiss, Minhat Yitzhak, vol. 6, no. 107:
לצערנו הרב גם רבנים חרדיים ומומחים מגיירים כעין זה ומחשיבים אותה כבדיעבד.
Unlike what goes on today, in previous generations there were never any classes for future converts. In fact, according to R. Akiva Eger, these classes are improper, since one is not permitted to teach Torah to a non-Jew.[24] Now obviously, this is not the position we accept, but it does illustrate that in reality converts don’t need to know much about Judaism. R. Malkiel Zvi Tenenbaum writes similarly in dealing with a case from England where a man was with a non-Jewish woman and wanted to convert her. The man had stopped eating non-kosher and attended synagogue on Rosh ha-Shanah and Yom Kippur, but he was obviously not a completely observant Jew. Tenenbaum notes that even though it is possible that the only reason the woman is converting is so that she can remain with her husband–apparently she thought that this was in doubt due to his new religiosity– nevertheless, one should not be too exacting with her, other than telling her a few weighty and light mitzvot. This approach should be adopted because ex post facto the conversion will be fine, “and by doing this, we will save the Jew from living with her in a forbidden manner . . . but it is best that she learn everything [relating to Judaism] after she converts, and in particular in this case when we have to hurry to save the husband from sin.”[25]
Even R. Moshe Feinstein’s opinion regarding conversion is not uniform, and you can see changes in his view in the direction of leniency. But leaving that aside, although R. Moshe requires real kabbalat mitzvot, he acknowledges that a rejection of complete halakhic observance might not really be a rejection, because the person might not think that a particular law is really required. For example, what about a case where a woman converted in order to marry a Sabbath violator and was herself now a Sabbath violator? This is the exact sort of conversion that would be thrown out today. The fact that after the conversion she never observed Shabbat would suffice to show that there was no kabbalat mitzvot. Yet R. Moshe disagrees. He says that it depends on the woman’s mindset. In this case, perhaps she never intended on violating the halakhah, but she didn’t believe that Shabbat is really a law! And why should she, when she sees that most Jews don’t keep it? In R. Moshe’s words, she thought that observing Shabbat was hiddur be-alma, that is, something nice, but not required. This means that she never rejected the halakhah of Shabbat, she just didn’t know about it, and people are not required to know every halakhah before they convert. Therefore, R. Moshe concludes that the conversion is valid.[26] In another responsum,[27] R. Moshe explains that even if one rejects a particular mitzvah of the Torah, ex post facto the conversion is still valid:
ולכן צריך לומר שכיון שאיכא עכ”פ קבלת מצות אף שלא בכולן הוא גר ונתחייב בכולן אף שלא קבלם דהוה מתנה ע”מ שכתוב בתורה.
Anyone who reads responsa literature of the last hundred years often comes across cases where a man was intermarried and wanted to convert his wife, or wanted to convert his future wife. Often he had a child with the non-Jewish woman and wanted the child to be converted. A few different issues are discussed in these responsa, in particular nitan al ha-shifhah, but one thing you find very little discussion of is kabbalat mitzvot. The rabbis often give permission to convert the children even though the parents are not religious, and they give permission to convert the non-Jewish spouse even though there is no expectation that the person is going to lead a religious life. This obviously shows us that these rabbis had a different conception of conversion than what is today declared to be the only acceptable approach. Rabbi Yehudah Herzl Henkin[28] has recently called attention to Rabbi Abraham Price’s comments in this regard.[29] Price was the leading rav in Toronto, and he defends the lenient approach (which was being carried out all over the world). Yet today, these conversions would be thrown out. Here is the page from Price’s sefer.
In the recently published responsa of R. Eliezer David Rabinowitz-Teomim (the Aderet), Ma’aneh Eliyahu, no. 65, he discusses converting a Gentile who was involved with a Jewish woman. He raises the issue of whether it is proper to convert the man if he will not be observant. Even though the woman will be spared the sin of intermarriage, the man who is converted will now be violating the prohbitions of Niddah and Shabbat. This means that he was in a better place before he converted, as he was not obligated in these laws. The Aderet never assumes that the conversion won’t be valid because the man will be non-observant. Indeed, his entire responsum is based on the fact that it will be valid, which leads him to wonder if conversions like this are a good idea.
אם הם מדור החדש, וקרוב הדבר שלא תשמור לטבול בזמנה, ויחללו שבת, ויכשלו באיסור נדה החמורה, רחמנא ליצלן, ועוד ועוד, באופן כזה חלילה, צריך ישוב והתבוננות אם לטובלו לדת ישראל.
(There are many other responsa where halakhists show great annoyance that people who convert often don’t live a religious life, but very few of these halakhists mention anything about the conversions not being valid.)
Here is another example that nicely illustrates what I am talking about. It has not been quoted in any of the numerous discussions of the issue and can be added to the lenient side. Yet as I indicated, there is nothing unusual in this case as the approach seen here was very popular. R. Shlomo Sadowsky was a rav in Rochester and in 1918 he published his sefer, Parparaot le-Hokhmah. On page 63 he discusses converting a non-Jewish woman who is married to a Jewish man. In this case, he turned to R. Gavriel Zev Margulies, one of the leading poskim in America. (Joshua Hoffman wrote a wonderful masters dissertation on him.) The decision is made to convert her, and there is no mention of authentic acceptance of mitzvot. The halakhic concern focuses on a different matter, and the two rabbis are guided by the desire to help the man get out of the sin of intermarriage. Here is the responsum.

A few pages prior to this, Sadowsky has a responsum from 1906, when he was a rav in Albany. Here he discusses converting the son of a Jewish father and a non-Jewish mother. The mother had no interest in converting. Sadowsky agrees to convert the child who would, of course, be raised in an intermarried home without any Torah or mitzvot. He sent his responsum to the great R. Moses Danishefsky, the rav of Slobodka, and Danishefsky agreed with him. There is absolutely no discussion about the fact that the boy will be brought up without Torah observance. Both Sadowsky and Danishefsky assume that there is a benefit to being Jewish, even if one is being brought up in an intermarried home.[30] Here are the responsa from Rabbis Sadowsky and Danishefsky.

The technical issues are probably easier in this last case, as a child doesn’t need to have kabbalat mitzvot to be converted. Yet it is still significant that the issue of being raised in a non-religious home is not considered. There have been cases in Israel where the rabbinate refuses to convert children in situations like this, since the parents are not religious. The parents are thus forced to raise non-Jewish Hebrew speaking children, who of course will serve in the army and then marry Jewish Israelis.
For another example of converting women where there is no real expectation that they will be “observant” (by current standards), since their husbands were themselves not religious, see this responsum by R. Judah Leib Zirelson, from his Atzei ha-Levanon, no. 63.
I could cite a number of other sources, but it should be obvious by now that the lenient approach is hardly a daat yahid, identified only with R. Uziel. I believe that an examination of the responsa literature reveals that until recently this was a mainstream approach among both rabbis doing conversions and poskim who dealt with this issue. I am not saying that it was the dominant approach, only that it was widespread. As we all know, however, many converts of years past would not be accepted by batei din today. (Nothing I have mentioned so far should imply that R. Druckman’s beit din followed any of the sources mentioned so far. From what I have been able to determine, his beit din required a lengthy instruction period as well as attachment to an Orthodox family during this period, and also complete acceptance of mitzvot. For one relevant article, see R. David Bass in Tzohar 30, available here.)
There is another important source, a pre-modern responsum that is not mentioned by Sagi and Zohar and is directly relevant to the issue of revoking of conversions. It is cited by the Shas member of Kenesset (and author of seforim), R. Hayyim Amselem,[31] as part of his responsum against the revoking of any conversions. R. Simeon ben Tzemach Duran, Tashbetz, vol. 3, no. 47, writes as follows:
מי שלא נתגייר אלא שעה אחת וחזר לסורו לאלתר ועבד ע”ז וחלל שבתות בפרהסיא כמנהגו קודם שנתגייר ומין הוא ומן המורדים הוא, דלא קרינן ביה אחיך כמ”ש למעלה, ואפ”ה חשבינן ליה ישראל משומד וקידושין קידושין . . . וכן ראיתי בתשובה למורי חמי הרב רבנו יונה שכתב כן, וכן כתוב בספר העיטור ובספר אבן העזר, שמעשה הי’ בכותי שקידש ואצרכוה גיטא מר רב יהודה ומר רב שמואל רישי כו’, והדבר ידוע שגזרו עליהם להיות כעכו”ם גמורים כדאיתא בפרקא קמא דחולין.
In other words, in a case where a convert immediately after the conversion practices idolatry and violates Shabbat, the rishonim mentioned hold that the conversion is valid and the person has the status of a sinning Jew. Today, we would be told that such a conversion is completely invalid, as it is obvious that the convert never intended to accept Judaism. The proof of this is that immediately following the conversion he continued in his old ways. Yet these rishonim hold that the conversion is binding.
R. Shlomo Daichovsky, until recently a dayan on the Supreme Rabbinic Court, held this position. Eight years ago he expressed his opinion against R. Avraham Sherman and wrote as follows:[32]
נשותיהן של שלמה ושמשון עבדו עבודה זרה – כך מפורש בתנ”ך. גירותן היתה מפוקפקת מלכתחילה, כלשון הרמב”ם: ‘והדבר ידוע שלא חזרו אלו, אלא בשביל דבר’. בנוסף: ‘הוכיח סופן על תחילתן שהן עובדות עבודה זרה שלהן’. ועוד יותר: ‘לא על פי בית דין גיירום’. יש כאן שלושה חסרונות גדולים. אין לי ספק, כי אם היתה באה גירות כזאת לפני בית הדין ברחובות, היו פוסלים אותה, ללא כל בעיה. יתכן, וגם אני הייתי מצטרף לכך. אף על פי כן, רואה אותן הרמב”ם כישראליות לכל דבר. ומוסיף בהלכה י”ד: ‘אל יעלה על דעתך ששמשון המושיע את ישראל או שלמה מלך ישראל שנקרא ידיד ה’ נשאו נשים נכריות בגיותן’. כלומר, אסור להעלות על הדעת, אפשרות כזו. ובעצם, למה לא?
אין מנוס ממסקנה כי בדיעבד, אינו כלכתחילה. ולא ניתן לפסול גיור בדיעבד, לאחר שנעשתה.
R. Ovadiah Yosef believes that we can void a conversion, but only if there was (or should have been) a certainty before the conversion that the whole thing was a sham. But if there was no reason to think so, even if the convert did not become an observant Jew the conversion is valid. He writes (Masa Ovadiah, p. 438[33]):
“אם באמת היה הדבר גלוי וידוע מראש שאינם מקבלים עליהם עול תורה ומצוות, רק ע”ד האמור: ‘בפיו ובשפתיו כבדוני ולבו רחק ממני’, ואנן סהדי שלא נתכוונו מעולם לקיים המצוות בפועל, אז גם בדיעבד י”ל שאינם גרים. אבל אם לא היה כאן אומדנא דמוכח בשעת הגיור, אע”ג דלבסוף אתגלי בהתייהו, דינם כישראל מומר, שאע”פ שחטא ישראל הוא.
In the famous Seidman case, where R. Goren – based on R. David Zvi Hoffmann’s well-known responsum – converted a woman who was going to be living with a kohen after the conversion, R. Ovadiah agreed that the conversion was valid be-diavad. (See R. Shilo Rafael, “Giyur le-Lo Torah u-Mitzvot,” Torah she-Baal Peh 13 (1971), p. 131).
R. Yitzhak Yaakov Weiss was opposed to voiding conversions carried out by a valid beit din (Minhat Yitzhak, vol. 6, no. 107):
אם היה הגירות נעשה בפני בי”ד כשרים היינו מוכרחים לומר שהבי”ד בדקו היטב בשעת מעשה וראו שמקבלים בלב שלם, ע”כ אף שראינו שאח”כ אין מחזיקין במה שקבלו עליהם אמרינן דהדרו בהו ויש להם דין ישראל מומר
The rabbis at Kollel Eretz Hemdah were asked from Karlsruhe, Germany, about people who convert and continue to violate Shabbat and act no differently than before the conversion.[34] In other words, they fooled the Beit Din. Are they to be regarded as converts? The reply is that while le-hatkhilah one cannot convert people unless they accept to observe the Torah
אי-אפשר לבטל את הגירות של גרים שנתגיירו בבית-דין אורטודוקסי, אף על פי שלא היו כנים בבית-הדין ולא קיבלו על עצמם באמת לקיים את כל מצוות התורה, כל עוד שבאמת הם רוצים להיות יהודים, ורוצים להשתייך לעם ישראל.
As mentioned already, this is a matter that will have to be decided by the halakhic authorities. But I think that what I have written so far is sufficient to establish that there has been a great deal of distortion regarding this issue, often by well-meaning people. (In particular, I noticed that a number of writers, including talmidei hakhamim, have mistakenly claimed that the Bah is the only one to say that the Rambam didn’t require kabbalat mitzvot be-diavad.)
What is important to remember is that it is not just some modern Orthodox and religious Zionist rabbis who oppose the revoking of a conversion, but no less a figure than the Tashbetz. If today’s authorities disagree, that is their right, but it is simply wrong for haredi leaders to say that conversions have always required absolute commitment to mitzvah observance, and that lacking such commitment the conversions were always regarded as having no validity. As is often the case, there are different traditions. The adherents of the stricter approach are attempting to recreate the past, as if there has been only one approach. In fact, there is an even more radical view found in the rishonim. I refer to the Meiri’s position that be-diavad one can convert without a beit din. That is, following circumcision one can then accept the Torah and immerse all by oneself, and ex post facto it is a valid conversion.[35]
I understand that all the discussions about the revoking of conversions have been very difficult for converts. After all, they were taught that once they convert they are as good as any other Jew. They have begun to learn that matters are not so simple. What is one of these converts supposed to think when they see the heading of R. Menasheh Klein’s responsum, Mishneh Halakhot vol. 9, no. 237: גרים כשרים אין להם יחוס וראוי לזרע ישראל לרחק מהם ? 
He explains:
וודאי שיש מצוה לקרב ולאהוב את הגרים אבל אין זה מחייב להתחתן עמהם והרי משה רבינו קבל כמה גרים דכתיב וגם ערב רב עלה אתם ואפ”ה לא נתערבו בהם ולא התחתנו עמהם בני ישראל.
(By the way, the heading of the responsum following this is בענין נשים בעצם אם הם במדרגה אחת עם אנשים. Maybe on another occasion I will return to this, but I think everyone can predict what his conclusion is.)
This is a theme that is found in a number of his responsa.[36] In fact, it appears that if he had his way there would be a complete ban on conversions.[37] Since not every convert will be able to find another convert to marry, I guess he would advise having them marry the community’s losers, as no self-respecting Jew should marry a convert, at least not if you want your children to turn out right.[38] As to why the children of converts don’t turn out properly, Klein has his own theory.[39]
ודע דעלה בלבי מפני מה גרים לא יצליחו בניהם ע”פ רוב לפמ”ש דגר שנתגייר בידוע שנשמתו גם כן היתה מאותם שרצו לקבל התורה מסיני ולכן סופה שתתגייר, והנה כל זה נשמתו אבל נשמת זרעו שממשיך לא היו במעמד הר סיני ולכן אין זרעיו מצליחין . . . ומעתה מי פתי יסור הנה לישא אשה אשר יצאו ממנה בני סורר ומרה, ואם לפעמים ימצא שלא יצאו בדור הזה אולי עד עשרה דרי לא תבזה ארמאה ויחזרו ח”ו לסורם, ועכ”פ ע”פ רוב הכי הוא, והגע עצמך אם יאמרו לו שישא אשה חולנית שבעוד חמשה שנים תמות ורק על דרך נס יש אחת מיני אלף שתחיה או שע”פ רוב תלד בנים חולי גוף או רוח ודאי לא ישאנה . . . וכ”ש הכא שיצאו ממנו ח”ו דורות כאלו וכיוצא בה, מי הוא בעל אחריות שייעץ לאדם לישא אשה כזו.
He then quotes some negative things said about converts in the Zohar, and concludes as follows, in words that the Eternal Jewish Family[40] will never include in its literature and which are very hurtful:
ומעתה מי זה יכול ליעץ לאדם מישראל אשר נתחייבנו עליו ואהבת לרעך כמוך ואמרו ז”ל מה דסני לך לחברך לא תעבד והאיך נעבור על יעצנו רע ח”ו לזרע קודש משרשא קדישא וגזעא דקשוט להתערב ולתתגעל בגיורת המזוהמה בזוהמת הנחש . . . ולכן ודאי דכל מי שחש וחס על עצמו ועל זרעו יראה להדבק בטובים.
It is interesting that R. Moshe Sternbuch expresses the exact opposite approach to converts.[41] We can see the same sort of dispute between them with regard to baalei teshuvah, with Klein having a suspicious and at times negative view toward them, and Sternbuch having the opposite approach. But before one assumes that Klein’s outlook is just another example of the far-out positions he often takes, take a look at the following from R. Kook,[42] commenting on Berakhot 8a which states: “Some say it means: Do not marry a proselyte woman”:
כי ראוי לדאוג שיהיו תולדותיו זרע ברך ד’ בטבעם קשורים ג”כ בקשר טבעי עם ד’. אבל הגיורת, קשורה אינו כ”א בחירי ואיננו חזק כ”כ כהטבעי. ע”כ יש לחוש על קיומו, גם המדות הקדושות שהאומה הישראלית מעוטרות בהן חסרות הנה בהכרח, והמזג פועל על הבנים.
Finally, let me say something about RCA’s agreement with the Chief Rabbinate that all conversions already recognized by the RCA will be accepted in Israel. Unfortunately, I don’t believe that the Chief Rabbinate can deliver on this. That is because, as we have seen in the latest controversy, the dayanim are not bound by the Chief Rabbinate’s agreements. The Chief Rabbinate can accept a convert for its own purposes, but local dayanim have the autonomy to issue their own rulings, as we saw Rabbi Sherman do.
Furthermore, there is no guarantee that the agreement with the Chief Rabbinate will be upheld for a more fundamental reason: It violates the conscience and halakhic standards of the haredi world, which is currently taking over the religious court system. Let me explain what I mean. Many people who converted through RCA rabbis did not become completely observant. Some didn’t become observant at all. (I have already mentioned that this was the case with haredi rabbis as well.) If a dayan feels that such a conversion is invalid halakhically, the fact that the Chief Rabbinate made an agreement that all RCA conversions from previous years will be accepted is irrelevant. An agreement of this nature cannot override halakhah. So the dayan in question will be forced to reject this conversion no matter when it took place.
To show how difficult the situation can become, take a look at this article from Yated Neeman that appeared a few years ago.[43] I think we can get a good sense from it where we are heading with regard to conversion, and why the only solution is to have two separate court systems dealing with this matter. Yes, it is true that people converted by the Religious Zionist courts might not be accepted by the haredim, but so what? In the unlikely event that one of these converts or their children will want to marry a haredi, they can undergo a second haredi conversion. This is hardly a big deal, and certainly not reason enough for the Religious Zionists to entirely abandon their vision of halakhah, all in order to satisfy the haredi demands for a “single standard,” which by definition always means the haredi approach.
[1] In the meantime, see my article in the Forward. R. Menachem Genack responded here.
Contrary to Genack, the Modern Orthodox world would unquestionably still be eating non-glatt if it was available under (what they viewed as) reliable hashgachah. I also think everyone understood that my comments about the D symbol was not in criticism of identifying a product as dairy, but that the OU does not use the DE symbol (Incidentally, neither of these symbols existed when I was growing up. You knew if a product was dairy by looking at the ingredients, and one does not need to be concerned with the equipment unless you are specifically told – as you now are – that a product was made on dairy equipment. Even then, there are poskim who hold that you can ignore the DE and eat the product with meat, since despite what it says on the label, we don’t actually know that the parve food we are eating was produced within 24 hours of a dairy run.) Why do I think the D symbol instead of DE reflects a turn to the right?: I called the OU on three separate occasions and spoke to three different rabbis, and all of them explained that the reason DE is not used is because they have a fear that some small bits of milk might still be in the product. This is an incredible chumra, which incidentally has no real basis, as companies have to be very careful about not allowing milk into products which are non-dairy. (The threat of major lawsuits from people who are allergic to milk is a constant concern for the companies.) Furthermore, to claim that any such milk might exist in large enough quantities not to be batel is incredibly far-fetched. Despite raising these points in all three conversations, I was told that the organization chooses to be strict.
[2] R. Gedaliah Silverstone, who for many years was the leading rav in Washington, D.C. writes as follows (Tokhahat Hayyim, 1928, p. 14):
מעשה היה בעירי שטבח אחד הסגיר את הרב המשגיח בתיבת המקרה לערך חצי שעה ולא נתן לו לצאת, ואמרתי אז בדרוש על הטבח הזה שלכל הפחות היה לו פעם אחת בתיבת המקרה (שנקרא איז באקס) שלו חתיכה של בשר כשר.
For those who don’t read Hebrew: When the Mashgiach was locked in the freezer, Silverstone quipped that at least on one occasion there was a piece of kosher meat found there! See Yosef Goldman, Hebrew Printing in America 1735-1926 (Brooklyn, 2006), p. 765.
[3] “Emanuel Rackman: Gadfly of Modern Orthodoxy,” Modern Judaism 28 (May 2008), pp. 134-148.
[4] See here.
[5] When planning its ninetieth anniversary celebration in 1976, Yeshiva University was upset to find that Mordecai Kaplan was its oldest living graduate. This squelched any plans to make a big to-do in honor of the graduate. See Jeffrey S. Gurock and Jacob J. Schacter, A Modern Heretic and a Traditional Community (New York, 1997), p. 1.
[6] No one has yet written an article focusing on the Rackman-Lamm contest for election to the presidency of YU, and the historical significance of Lamm’s victory. I hope that a capable YU student takes upon himself this task. To do it right, he must interview the people still alive who were on the committee and can testify as to what led them to go with the younger and less distinguished Lamm. Until now, all we have had are rumors and fairy tales. One example of this is the following passage from R. Herschel Schachter’s Mi-Peninei ha-Rav (p. 170).
לפני כעשרים וחמש שנים, לאחר שנפטר הר”ר שמואל בלקין, והיו צריכים לבחור נשיא חדש לישיבה אוניברסיטה, החליט רבנו שאחד מהמועמדים לא היה ראוי לאותה אצלטא בגלל דיעותיו הבלתי-מסורתיות. רבנו כינס את כל הרמי”ם ביחד, וערך וניסח מכתב לועד-הנאמנים של הישיבה שהוא מתנגד מאוד להתמנותו של פלוני, וחתם את שמו למטה, ומסר את המכתב לשאר הרמי”ם שאף הם יחתמו. אחד מהרמי”ם פתח ושאל לרבנו, ומה כל הרעש הזה, מה פשעו ומה חטאתו של אותו פלוני. ענה רבנו ואמר, שיהודי המדפיס במאמר בעתון שלפי דעתו שני חלקי ספר ישעיה נכתבו על ידי שני בני אדם נפרדים, אפיקורס הוא, ואי אפשר למנותו כנשיא של הישיבה. והמשיך הלה לטעון ואמר, דהלא אף באברבנאל גם כן מצינו לפעמים דברים זרים אשר הם נגד מסורות רז”ל חכמי התלמוד. וענה רבנו ואמר, שאף את האברבנאל לא היה רוצה לראות כנשיא ישיבה-אוניברסיטה. ובזה נסתיים הויכוח. כל הרמי”ם שהיו נוכחים בשעת מעשה חתמו על מכתבו של רבנו, המכתב נמסר לועד הנאמנים, ונתבטלה מועמדותו של הלה.
I have it on very good authority (from conversations with two people who were intimately involved in the election process) that the event described here never happened. There might, however, be a kernel of truth in the story, as is often the case with such tales, and perhaps one of the readers can illuminate the matter. As for Rackman and Deutero-Isaiah, since he is not a Bible scholar I am certain that he never expressed his opinion in the way described here (I also hope that the Rav never said what is attributed to him. R Joseph Karo, Kesef Mishneh, Berakhot 3:8 refers to Abarbanel as הנשר הגדול)
What Rackman does say is as follows (One Man’s Judaism, pp. 248-249):
The Talmud itself was not dogmatic, but contemporary Orthodoxy always feels impelled to embrace eveery Tradition as dogma. The Talmud suggests that perhaps David did not write all the Psalms. Is one a heretic because one suggests that perhaps other books were authored by more than one person or that several books attributed by the Tradition to one author were in fact written by several at different times? A volume recently published makes an excellent argument for the position that there was but one Isaiah, but must one be shocked when it is opined that there may have been two or three prophets bearing the same name? No Sage of the past ever included in the articles of faith a dogma about the authorship of the books of the Bible other than the Pentateuch. . . . How material is it that one really believes that Solomon wrote all three Scrolls attributed to him? Is the value of the writings itself affected? And if the only purpose is to discourage critical Biblical scholarship, then, alas, Orthodoxy is declaring bankruptcy: it is saying that only the ignorant can be pious – a reversal of the Talmudic dictum.
The book about Isaiah he refers to is Rachel Margalioth’s The Indivisible Isaiah: Evidence for the Single Authorship of the Prophetic Book, published in 1964 by Yeshiva University’s Sura Institute. (She was the wife of famed scholar Mordechai Margalioth.)
[7] No one has yet written an article focusing on the Rackman-Lamm contest for election to the presidency of YU, and the historical significance of Lamm’s victory. I hope that a capable YU student takes upon himself this task. To do it right, he must interview the people still alive who were on the committee and can testify as to what led them to go with the younger and less distinguished Lamm. Until now, all we have had are rumors and fairy tales. One example of this is the following passage from R. Herschel Schachter’s Mi-Peninei ha-Rav (p. 170).
לפני כעשרים וחמש שנים, לאחר שנפטר הר”ר שמואל בלקין, והיו צריכים לבחור נשיא חדש לישיבה אוניברסיטה, החליט רבנו שאחד מהמועמדים לא היה ראוי לאותה אצלטא בגלל דיעותיו הבלתי-מסורתיות. רבנו כינס את כל הרמי”ם ביחד, וערך וניסח מכתב לועד-הנאמנים של הישיבה שהוא מתנגד מאוד להתמנותו של פלוני, וחתם את שמו למטה, ומסר את המכתב לשאר הרמי”ם שאף הם יחתמו. אחד מהרמי”ם פתח ושאל לרבנו, ומה כל הרעש הזה, מה פשעו ומה חטאתו של אותו פלוני. ענה רבנו ואמר, שיהודי המדפיס במאמר בעתון שלפי דעתו שני חלקי ספר ישעיה נכתבו על ידי שני בני אדם נפרדים, אפיקורס הוא, ואי אפשר למנותו כנשיא של הישיבה. והמשיך הלה לטעון ואמר, דהלא אף באברבנאל גם כן מצינו לפעמים דברים זרים אשר הם נגד מסורות רז”ל חכמי התלמוד. וענה רבנו ואמר, שאף את האברבנאל לא היה רוצה לראות כנשיא ישיבה-אוניברסיטה. ובזה נסתיים הויכוח. כל הרמי”ם שהיו נוכחים בשעת מעשה חתמו על מכתבו של רבנו, המכתב נמסר לועד הנאמנים, ונתבטלה מועמדותו של הלה.
I have it on very good authority (from conversations with two people who were intimately involved in the election process) that the event described here never happened. There might, however, be a kernel of truth in the story, as is often the case with such tales, and perhaps one of the readers can illuminate the matter. As for Rackman and Deutero-Isaiah, since he is not a Bible scholar I am certain that he never expressed his opinion in the way described here (I also hope that the Rav never said what is attributed to him. R Joseph Karo, Kesef Mishneh, Berakhot 3:8 refers to Abarbanel as הנשר הגדול)
What Rackman does say is as follows (One Man’s Judaism, pp. 248-249):
The Talmud itself was not dogmatic, but contemporary Orthodoxy always feels impelled to embrace eveery Tradition as dogma. The Talmud suggests that perhaps David did not write all the Psalms. Is one a heretic because one suggests that perhaps other books were authored by more than one person or that several books attributed by the Tradition to one author were in fact written by several at different times? A volume recently published makes an excellent argument for the position that there was but one Isaiah, but must one be shocked when it is opined that there may have been two or three prophets bearing the same name? No Sage of the past ever included in the articles of faith a dogma about the authorship of the books of the Bible other than the Pentateuch. . . . How material is it that one really believes that Solomon wrote all three Scrolls attributed to him? Is the value of the writings itself affected? And if the only purpose is to discourage critical Biblical scholarship, then, alas, Orthodoxy is declaring bankruptcy: it is saying that only the ignorant can be pious – a reversal of the Talmudic dictum.
The book about Isaiah he refers to is Rachel Margalioth’s The Indivisible Isaiah: Evidence for the Single Authorship of the Prophetic Book, published in 1964 by Yeshiva University’s Sura Institute. (She was the wife of famed scholar Mordechai Margalioth.)
[8] Here is a bit of Jewish Scranton trivia. Many people know that Harry Wolfson and R. Shraga Feivel Mendlowitz lived there. But did anyone know that R. Herschel Shachter was born in Scranton?
[9] Naharei Afarsemon, mahadurah tinyana, no. 15.
[10] See here.
[11] R. Pini Dunner writes: “I asked him [R. Yosef Tzvi Dunner] if he remembered the Rebbe from his time in Berlin (1932-36). He smiled and said he remembered him well – he was the rather modern-dressed young man with the neatly trimmed beard who stood at the back of the shiur room and who would talk in learning after almost every shiur with Rav Yechiel Yaakov Weinberg z”l.” See here.
[12] See Shaul Shimon Deutsch, Larger Than Life, vol. 2 (New York, 1997), p. 75.
[13] Beit Yaakov, vol. 2, p. 256.
[14] Yevamot 6b
[15] I think an important point, which I have not seen anyone make, is that the entire concept of hillul ha-shem has basically disappeared in the United States. This perhaps has had some impact on Orthodox misconduct. What I mean is that in years past people were held back from doing things because of a fear of how it would look to the non-Jewish world, i.e., it would lead to Jews and Judaism being degraded in their eyes. Today, very few Jews think like that. We live in a great country. If a Jew, or an Orthodox Jew, does something illegal, even if he is on the front page of the newspaper, the typical non-Jew does not take this as a reflection on Jews as a whole or on the religion – and we have had many examples to illustrate the empirical truth of this statement. People know that there are scoundrels in every religious group, and one should not judge another person or religion based on the actions of individuals. When we have reached this wonderful point, what room is there for hillul ha-shem as a motivating factor?
[16] See J. David Bleich, Contemporary Halakhic Problems, vol. 1 pp. 194-196.
[17] Ve-Ha’aretz Natan li-Venei Adam (Alon Shvut, 2005), pp. 38ff.
[18] In attempting to explain why there is no explicit prohibition against cannibalism in the Torah, R. Kook expresses a similar concept (Otzarot ha-Re’iyah [2002], vol. 2, p. 89):
לא הוצרכה תורה לכתוב עליו איסור מפורש, שאין האדם צריך אזהרה על מה שקנה לו כבר מושג טבעי בזה.
Weinberg speaks of cannibalism as being against “the will of the Torah,” even though not explicitly forbidden. See Seridei Esh, vol. 3, no. 127 (p. 342). See the discussion in Daniel Sinclair, “Musar u-Mishpat ha-Tiv’i be-Mishpat ha-Ivri: Akihlat Basar Adam ke-Mashal,” available here.
[19] Community, Covenant and Commitment, ed. N. Helfgot (Jersey City, 2005), p. 276.
[20] Ibid., pp. 24-25.
[21] (Bnei Akiva, 2008). The passage I refer to comes from vol. 2, pp. 125-126.
[22] See Pesakim u-Khetavim, Yoreh Deah nos.89, 92. R. Abraham Dov Ber Kahana Shapiro expressed the same sentiments. See Devar Avraham, vol. 3, no. 28.
[23] In referring to such a case, where after conversion the woman would live on a secular kibbutz where she would not be able to observe mitzvot, R. Yehudah Herzl Henkin writes (Bnei Vanim, vol. 2, p. 135):
אם היא סברה שסדורי החיים שבקבוץ לא איפשרו לה דהוי כעין אונס שעומד לבוא עליה לפי דעתה ואינו חסרון בקבלת המצוות אף על פי שלדינא אינו אונס שהרי לא נאנסה להשאיר בקבוץ.
[24] Teshuvot, vol. 1, no. 41.
[25] Divrei Malkiel, vol. 6, no. 19.
[26] Iggerot Moshe, Yoreh Deah I, no. 160. This notion, that even apparently obvious Jewish laws could be viewed by some people as not binding, has all sorts of ramifications and has often dealt with by poskim. One interesting example is Teshuvot Maharam Lublin, no. 15, where R. Meir of Lublin was asked about a man who was caught having sex with a Christian prostitute, and he was sentenced to death. He could escape this sentence by converting to Christianity. (The responsum, which was sent to the city of Apta, deals with a young man held prisoner by the “Ishmaelites” because he was found with an “Ishmaelite” prostitute. Obviously, R. Meir is speaking in code, as Muslims were not in large supply in Apta. I will speak more about this sort of code in a future post.) The local community wanted to know if they had an obligation to ransom him, as it could be that the imprisoned man had the status of a mumar le-teavon. R. Meir rejects this point and offers the following incredible justification:
ופרט בזמנינו זה בעו”ה שרבים נכשלים בעבירה זו שאין להחשיבה כמומר לתיאבון.
See also the famous responsum of R. Akiva Eger (Teshuvot, vol. 1, no. 96), who deals with otherwise otherwise religious Jews who shave with a razor. (While reading his words ask yourself if the community he describes sounds more like a haredi community or a Modern Orthodox one.):
י”ל דהשתחת בתער דנתפשט בעו”ה אצל הרבה לא חשב שזהו איסור כ”כ דלא משמע להו לאינשי דאסור, וכאשר באמת נזכר בג”ע שהשיב להמוכיח שהרבה אנשים חשובים עושים כן, וכיון דבאמת פשתה המספחת בזמנינו גם לאותן הנזהרים בשאר דברים נדמה להם דאינו איסור כ”כ.
R. Eliezer Papo, Pele Yoetz, s. v. hov, writes:
ע”פ מה דקיימא לן אומר מותר אנוס הוא ומאחר שדרך איש ישר בעיניו נמצא שהוא אומר מותר ואנוס הוא.
The last three sources mentioned are quoted by R. Zvi Yehudah Kook, Li-Netivot Yisrael, vol. 1 pp. 154-155.
[27] Iggerot Moshe, Yoreh Deah III, no. 106.
[28] See here.
[29] Mishnat Avraham, vol. 2, p. 274.
[30] R. Moshe Feinstein recognized the logic of this approach. See Iggerot Moshe, Yoreh Deah I, no. 158:
לא ברור הדבר במדינה זו שהוא זכות כיון שבעוה”ר קרוב שח”ו לא ישמור שבת וכדומה עוד איסורים. אך אפשר שמ”מ הוא זכות שאף רשעי ישראל עדיפי מעכו”ם.
Iggerot Moshe, Even ha-Ezer IV, no. 26:
וגם אף אם לא יתגדלו להיות שומרי תורה מסתבר שהוא זכות דרשעי ישראל שיש להם קדושת ישראל ומצותן שעושין הוא מצוה והעבירות הוא להם כשגגה הוא ג”כ זכות מלהיות נכרים.
R. David Horowitz, Imrei David, no. 172, also permits the conversion of the child, and holds out hope that the parents will do teshuvah (apparently even including the non-Jewish mother in this):
מה לנו להתחכם נגד מצות ד’ . . . מצינו כי אדם רע עשוי לעשות תשובה, וגם כאן נאמר כי עוד יבוא יום וישעה אדם אל עושהו ותפקחנה עיני עורים וידעו כי ערומים הם והרבה לחטוא.
[31] Or Torah, Tamuz 5768.
[32] See here.
[33] In Yabia Omer, vol. 10, Yoreh Deah no. 26, he decides that a particular conversion can be voided, and one of the reasons is subsequent non-observance. Yet this was not the main justification for his decision. In addition, this was a special case as it concerned an agunah.
[34] Be-Mar’eh ha-Bazak, vol. 3, p. 149
[35] Beit ha-Behirah, Shabbat 68a.
[36] See e.g., Mishneh Halakhot, vol. 10, no. 239:
ודאי דזרע אברהם יצחק ויעקב המיוחסים מתרחקים מן הגרים כפי האפשר הגם שמקרבים אותם מצד מצות ואהבתם את הגר אבל אין זה מצוה לנו להתחתן עמהם.
I certainly think he is going overboard when he writes (ibid., vol. 15, p. 151): ואין ממנים גר להיות שמש בביהכ”נ
[37] See ibid., vol. 16, p. 384: .ומשבח אני בזה מנהג הספרדים שאין מקבלין בקהלותיהם גרים He is referring to the Syrian ban on converts, which has its own racist elements, as in both the popular and even in some of the rabbinic mind of this community there is a stress on “pure Jewish blood.” This latter point is far removed from opposition to converts in order to prevent intermarriage, and leads to a shunning of all converts, even those converted as babies, as well as a shunning of children and even grandchildren of converts.
[38] ] See ibid., vol. 9, no. 239
[39] See ibid., vol. 10 no. 239.
[40] See here.
[41] Teshuvot ve-Hanhagot, Even ha-Ezer no. 728. See also ibid., vol. 2 no. 623, where he writes: עיקר היחוס הוא כששומרים מצוות.
[42] Ein Ayah, Berakhot 8a.
[43] Available here. The “so-called Orthodox rabbis” referred to in this article are Rabbis Gedaliah Dov Schwartz, Reuven Bulka and Shmuel Goldin. The RCA is described as an “organization of rabbis who call themselves Orthodox, but are known as modern.” The article also defames Rabbis Shear Yashuv Cohen and Shalom Messas. There are a number of falsehoods in the article, but let me just mention one: “The conversion was made for the purpose of marriage, and such types of converts are not to be accepted according to the halocho.” Yet the almost unanimous opinion of poskim, from all circles, is that when confronted with a possible intermarriage, one should convert the non-Jewish partner if all all feasible. The only dispute is how observant the convert must be in order to be accepted.



Marc B. Shapiro: A Tale of Two Lost Archives

A Tale of Two Lost Archives
by
Marc B. Shapiro
I have spent much of my professional life rummaging through collections of documents, mostly in well-kept archives, but sometimes also in hard-to-reach places in basements and attics. Fortunately, I have made some great discoveries in these places, but I will now tell you a story that doesn’t have a happy ending.
It begins around fifteen years ago, when I was researching the life of R. Jehiel Jacob Weinberg. With the strength that only someone in his twenties has, I traveled around the world, knocking on doors, and tracking down every letter I could find written by Weinberg.[1] During this time I was in touch with the widow of R Hillel Medalie. While not a student of Weinberg, Medalie became close to him after the war. During this time he was serving as rabbi of Leeds, a tenure which incidentally led to a terrible dispute with R. Solomon Fisch, another rabbi in Leeds.[2] The dispute was so bad that Fisch refused to serve with Medalie on the Leeds beit din, and R. Joseph Apfel was appointed a dayan in Fisch’s place. Apfel was a student of Weinberg, and more responsa in Seridei Esh are addressed to him than anyone else. At this time, he was serving as a hazan in Leeds, but after being appointed to the beit din his impressive learning was able to come to the fore.
In 1996 Apfel published Yad Yosef, which contains his collected writings. It also contains letters from numerous great Torah scholars including R. Jehiel Jacob Weinberg, R. Dov Berish Wiedenfeld, the Lubavitcher Rebbe, R. Isaac Jacob Weiss and R. Nachum Eliezer Rabinovitch. Among the most interesting teshuvot is one that is written by R. Pinhas Toledano, the Sephardic Av Beit Din of London. Apfel turned to him with the following problem: In Leeds there is a Jewish old age home and a non-Jew cooks for the residents on Shabbat. Is this permissible? Apfel had argued that the elderly residents are regarded as holeh she-ein bo sakanah, and it is permissible for a non-Jew to cook for a holeh she-ein bo sakanah. Others disagreed and Apfel turned to Toledano for his opinion.[3]
Toledano points out that while Apfel is correct that a non-Jew may cook for a holeh she-ein bo sakanah, (see Shulhan Arukh, Orah Hayyim 328:19), it is not at all clear that all old people have this status. Nowhere in the poskim do we find such a notion. So apparently, only for those elderly who suffer from diabetes, asthma or the like can the non-Jew cook. Yet Toledano concludes that the cooking is nevertheless permissible. Since the non-Jew is hired for the entire year, i.e., a contract worker, and can miss some days (vacation, etc.), there is room for leniency. While normally melakhah cannot be done in the house of a Jew because people will assume that the worker was hired to do the labor on Shabbat, in this case everyone knows that the cook is not hired on a daily basis. Toledano supports this contention by pointing out that in London everyone has milk delivered to the house on Shabbat and no one has raised any problems with this. I am too young to remember milk delivery, but I assume that this was the case in the U.S. as well, and the parallel is the daily delivery of newspapers. Toledano therefore concludes that it is permissible to have the non-Jew cook in the old age home. Yet he adds that even though halakhically this is OK, since it is very strange to permit such a thing in a Jewish old age home, the best thing to do is to cook the food on Friday and put it on a hot plate on Shabbat.
Returning to Medalie, from Leeds he went on to become the rabbi of the Antwerp community. After his death in 1977, a very nice memorial volume appeared honoring both him and his father, R. Shemariah Judah Leib Medalie.[4]
Here is a picture of R. Hillel.

Here is R. Shemariah.

Although he came from a Chabad background, I don’t know how strong Medalie’s connection was to the movement throughout his life. His father, R. Shemariah, was close to the Rebbe, R. Yosef Yitzhak, and was a very important figure in Chabad spiritual activities in the Soviet Union.[5] He was also a major figure in the political activities that took place in Russian Orthodoxy after the fall of the Czar.[6] In 1933 he was appointed rabbi of the Moscow synagogue, which meant that he was regarded as the rav of the entire city, and also made him the most important rabbi in the Soviet Union.

Before he left the country, R Hillel Medalie studied in a secret yeshiva that was headed by R. Mordechai Feinstein, R. Moshe’s brother, who was the rav of Shklov. R. Moshe Zvi Neriyah was also a student here. The communists would later exile R. Mordechai to Siberia, where he died.[7] In the 1950’s Medalie wrote to Weinberg about his attempts to secure his father’s release from the Soviet Union. It had been years since he had communicated with his father and he did not know that in 1938 R. Shemariah was arrested, accused of counter-revolutionary activities, and shot.[8]

R. Shemariah was one of many great talmidei hakhamim who were stuck behind the Iron Curtain, and even if not killed by the regime, lived out their days in what can only be described as a living hell.[9] While it was bad for everyone in the Soviet Union, for those whose lives revolved around Torah it was even worse. In accordance with the Lubavitcher Rebbe’s wishes, the elder Medalie did not attempt to leave the Soviet Union. While other rebbes and great rabbis were fleeing the country, the Rebbe told his followers to stay, as it was their responsibility to bring Torah to the Jewish people, even in times and places of darkness. He told them that they should not only think about their own physical and spiritual well-being but that of the Jewish people as a whole.

The Rebbe only changed his position in 1930 “when Stalinist terror was unleashed against rabbis and religious functionaries. But by then the difficulties connected with leaving the USSR were formidable and large scale emigration was impossible.”[10] What this meant was that virtually all of the children and grandchildren of these hasidim ended up completely assimilating, and I think that in retrospect we can say that it was a terrible misjudgment. However, it must also be stated that when communism fell, there were still Habad families that had remained religious throughout all this time. The next time someone complains about how Habad is now dominating religious life in the former Soviet Union, he should remember this.

This reluctance towards leaving the galut, even to go to Israel, is tied in with the Habad ideology that stresses the need to keep Judaism alive throughout the world. While this is generally a very good thing, as all world travelers can attest, sometimes the way it is expressed can be maddening for a religious Zionist to read. For example, in 1955, a few years after he became Rebbe, R. Menahem Mendel Schneersohn said as follows to his followers (Sihah for 20 Av, 5715):

גם כאשר נמצאים בחוץ לארץ הרי זה המקום אשר יבחר ה’ אלקיך בו, וגם כאן יכולה להיות עבודת הקרבנות ברוחניות . . . וזוהי ההוראה שצריכים להפיק מפרשת היום – ש”בכל המקום אשר אזכיר את שמי” הרי זה ארץ ישראל

This downplaying of the Land of Israel was too much for R. Zvi Yehudah Kook, and he responded as follows (Le-Hilkhot Tzibur, p. 33):

התואר “המקום אשר יבחר ד’ א-להיך בו” נאמר בתורת ד’ מן השמים רק על קדושת ארץ ישראל וירושלים שאיננה ניתנת להעברה וחלופין ח”ו על שום מקום בעולם . . . עבודת הקודש של העסק בתורה, שקידתה, הגדלתה והאדרתה וחרדת קודש של קיום מצוותיה הקדושות באמונה שלימה, ולדבקה בד’ א-להים חיים ללכת בדרכיו, והחיוב על כל אדם מישראל לחזור כל ימיו בתשובה, לעולם לא תעקור, לא תמלא את המקום ולא תחליף את מצוות ד’ של עבודת הקרבנות, שמקומה רק בפנים ולא מבחוץ. “בכל מקום אשר אזכיר שמי, שם ארץ ישראל” – ארץ ישראל מוגדרת ומוגבלת ומסומנת לקדושתה וסגולתה ולהגדרות חיובי מצוותיה ממקורות תורה שבכתב ותורה שבע”פ מקורות חז”ל דברי רבותינו גדולי ישראל ראשונים ואחרונים. וזה לשון הגמרא ברכות דף נז. “העומד ערום בחלום, בבבל עומד בלא חטא, בארץ ישראל ערום בלא מצוות” ולשון קדשו של רש”י שם: “בבבל עומד בלא חטא, לפי שחו”ל אין לה זכיות, אלא עוון יש בישבתה וזה עומד ערום בלא אותם עוונות.” ע”כ

Returning to Medalie, he also had a very good secular education, having received an MA from the University of Manchester and a doctorate from Trinity College in Dublin. In fact, Moshe Sharett, who was Israel’s first foreign minister, wanted Medalie to serve as Israel’s ambassador to Great Britain. Medalie declined the request after discussing the matter with the Hazon Ish.[11] Knowing of his closeness to Weinberg, I was anxious to examine his papers to find any letters from him, as well as from other great rabbis. His widow told me that all of his papers had been deposited at Machon Ariel in Jerusalem. No one had gone through them; they had simply been thrown into boxes and taken away.

Around twelve years ago I went to Machon Ariel to try to find out something about the papers. No one could tell me anything and I almost despaired. Fortunately, with the help of a janitor I found two giant boxes in a storage room in the basement. This contained all the materials taken from Medalie’s home. There was no light in the storage room or even in the basement (something was wrong with the electricity that day). The only light I had was from the windows on the top of the basement walls. I took the boxes, one at a time, and emptied them on the floor. I then spent a number of hours going through all the papers, putting aside everything that came from Weinberg. The rest of the material, including letters, speeches, and pictures, was of great interest and documented many years in the rabbinate. But this would have to wait until another day. For now, my focus was on in finding the Weinberg material, and I was able to make copies of whatever I located. I used a number of the Weinberg letters in my book and also published some of them in Kitvei ha-Rav Weinberg, vols. 1 and 2.

I was leaving for the U.S. on the following day, so I made a note to myself to come back to Machon Ariel and carefully go through both large boxes. I knew that there was all sorts of fascinating material in these boxes and was very excited about a return trip. Shortly before I left, I looked at another large box (or maybe even two or three; I can no longer recall). This was full of Pinchas Peli’s papers. Peli, who was a distinguished person in his own right, played a major role in bringing knowledge of R. Soloveitchik’s thought to Israel, with the publication in 1975 of Al ha-Teshuvah. Here is his picture.

Peli had a nice relationship with the Rav and I had no doubt that there were letters from the him among the Peli papers, but this too have to await a return trip. I was certain that no one would beat me to this, as no one cared, or even know, about the dusty boxes in the basement storage room, which had dishes and glasses in front of them. (There was a small catering business in the basement.) I had seen it before – boxes placed in some far-removed place where they remain for years and years, out of sight and out of mind, much like the Cairo Geniza. There is no doubt that when the Medalie and Peli papers were donated, the survivors didn’t expect that they would be put in some far away place where no one could examine them. They thought that the papers would be catalogued and kept in some sort of archive. Since Machon Ariel had not done anything in this direction, I figured that on a future visit I would take out all of the important material and then speak to the people in charge, alerting them to whatever treasures I had found and asking that they be kept in some sort of archive.

Mrs. Medalie told me that when the papers were at her home, some Chabad people had already looked through them for material from the Rebbe. She asked me to keep an eye out for any letters from him. Unfortunately, I didn’t see anything, and presumably the material had already been removed. There are some letters to Medalie in the Rebbe’s published correspondence. However, there are also many that do not appear there, but are found in R. Shalom Dov Ber Wolpo’s Shemen Sason le-Haverekha,[12] which has a lengthy chapter on Medalie and the Rebbe. I assume that the new letters published here are what that the Chabad people found at the Medalie home.

While I was working in the basement no one was watching me. No one even knew I was there. I could have walked off with anything. I considered the possibility that all this precious material would one day be lost, since Machon Ariel had no interest in it. (They probably accepted it in order to do the families a favor, but didn’t have the resources to do anything with the boxes). I rationalized to myself that since the material wasn’t being taken care of properly, something should be done. I thought that since I could watch over it and give the material a good “home,” that it would be OK for me to walk off with it. But I immediately squelched the thought, since stealing is always improper. Although there is a long list of people who have pilfered books and manuscripts, I didn’t want to join the list, even for the best possible reason.

In January 2007 I finally had the opportunity to return to Machon Ariel to pick up where I left off. I saw that the basement is now a nursery school. Everything that used to be there was removed a number of years ago. There was no one there to talk to about this at the time, but in June 2008 I returned and had the janitor take me around. The boxes were nowhere to be seen. None of the administrators had any idea what I was talking about. I was shown the library, which is undergoing renovations. It was a mess and there were a bunch of boxes that were set to be taken to genizah the following day. What a story it could have been if I had been able to save the Peli and Medalie boxes one day before they were to be lost? But unfortunately, the material was not there. I assume that when the new construction happened in the basement, the boxes were thrown out like so much other garbage. For an average person looking at a large box with old papers, it certainly would have looked like garbage. Yet how much precious material is now lost forever.

For all the great and important material found in archives around the world, much more has been lost. In fact, only a few years ago the son of one of Weinberg’s students contacted me about getting copies of the letters of Weinberg to his father, since they can’t find the originals. The father gave me copies many years ago and now they are lost. After he passed away and his house was cleaned, the letters were mistakenly thrown out. Such was probably the fate of many of the Weinberg letters that I was given copies of. It is the way of the world and there is little we can do about it, but it is frustrating nonetheless.

The visit to Machon Ariel was noteworthy in at least one respect. On the floor of the library, waiting to be sent to the genizah, was a large pile of issues of Panim el Panim. This was a weekly that appeared in the 1950’s and 1960’s, edited by Peli, which covered the entire range of Orthodox life, and included interviews with leading figures from all camps. Unfortunately, it is not available online. One of its outstanding features were the numerous pictures of gedolim, rabbis, scholars, and public figures, many of which are found nowhere else. I grabbed one issue (20 Elul 5724), in order to have something to read in the hotel, and in it one finds the following pictures of Abraham Berliner

and Jacob Barth,

which as far as I know do not appear anywhere else.

Here is a picture of R. Aaron Walkin of Pinsk, which I don’t recall ever having seen.

While on the theme of pictures of gedolim, let me note what appears in the recent volume focusing on the life of R. Bezalel Rakow, the Rav of Gateshead.[13] Rabbi Rakow thought very highly of such pictures and had them all over his house. He felt that today, when there are so many inappropriate pictures everywhere we look, it is important to have pictures of great rabbis to act as a counter. Here is a picture of Rabbi Rakow, from the beginning of the volume.

Getting back to Panim el Panim, one of the cover stories in the issue I took is about how R. Yehezkel Sarne visited Heichal Shlomo and the conflict this created, since by so doing R. Sarne was violating the Brisker Rav’s ban against the institution. Some believe that it was the Brisker Rav’s harsh stance that prevented his nephew, R. Joseph B. Soloveitchik, from accepting the offer to become Chief Rabbi of the State of Israel.

In general, the views of R. Sarne, and his Chevron Yeshiva, were more moderate than much of the haredi world (although he was known to be very anti-Habad). A glance at the names of those who attended the yeshiva shows that there are outstanding figures from all across the religious spectrum.[14] It is because of this that I was a little surprised when I read in a biography of R. Shakh[15] that R. Sarne once spoke very negatively to R. Shlomo Yosef Zevin about the Lubavitcher Rebbe. In fact, according to this source when R. Sarne was ill and R. Zevin visited him, R. Sarne told R. Zevin that his hasidut is heresy, his Rebbe is a heretic, and he is a heretic. When his health improved he went to R. Zevin’s house and apologized for treating him that way when the latter came to visit him. But now that he is at Zevin’s house, he wants to reaffirm that his hasidut is heresy, his rebbe is a heretic, and he is a heretic! The story as it appears is obviously a yeshiva fairy tale. But I asked R. Hayyim Sarne, R. Yehezkel’s son and current Rosh Yeshiva of Hevron (the Geula branch) if it is true that his father once spoke harshly to R. Zevin about Habad. He told me that it is true but that his father later apologized to R. Zevin, i.e., a real apology.

Since I mentioned R. Sarne and his inappropriate comments, let me tell another story that relates to the fact that he would sometimes say things that perhaps he shouldn’t have. Those who have read my book no doubt recall the funeral scene that I describe right at the beginning.[16] That, more than anything else, really shows the difficulty in placing Weinberg in any particular category. I actually feel that it was appropriate that he was buried in Har ha-Menuhot with all the other great rabbis, rather than the place chosen by the Mizrachi leaders (even if R. Herzog is also buried there). I say this for the following reason: R. Weinberg could not live in the haredi world. His views were too different from them. In fact, as my friend Shlomo Tikochinski has correctly pointed out, Weinberg is the only great sage respected in the haredi world whose views are so much at variance with it.

Yet while Weinberg wanted to live as a more modern type of rabbi, one who was a Zionist and academic scholar in addition to being a Torah sage, he wanted to be remembered as a gadol be-Yisrael. At the end of the day, he wanted his Torah works to be studied, and the only place for this was in the great yeshivot. So although he couldn’t live in their world, for posterity he would have wanted his legacy to be with them. However, I must also add the following: When Weinberg passed away all the great yeshivot were in the haredi orbit, so it would be natural that this is where he would want to be remembered. At that time, high level Torah study could hardly be found in the Mizrachi world. However, things are very different now, with the flowering of religious Zionist yeshivot of all sorts. If Weinberg were alive today, he would be able to feel fully comfortable in the religious Zionist world, since he would see the intensive Torah study and openness to secular learning of places like Maaleh Adumim, Har Etzion, and the like. Yet these yeshivot simply didn’t exist in his lifetime.

Not long after my book appeared, I was in a bookstore in New York City (does anyone remember Ideal Books?). I started talking to a certain fellow who happened to be a rav in Brooklyn and a son of one of the great Torah scholars of the previous generation. He told me that he is the only one alive who can testify as to what was said in the conversation between R. Yehezkel Sarne and the men who were in charge of the funeral, after R. Sarne and his students stopped the procession. (At the time, he was a student at the Chevron yeshiva.) Before he told me the story, he noted that one should remember that in his old age R. Sarne sometimes said things that were not appropriate. He gave one example of this: R. Sarne once went into the Brisk yeshiva and started screaming at the students that they should start learning mussar (Brisk being a place where they don’t do this). Only after telling me this story was he ready to inform me what was said at the funeral. According to him, after arguing with R. Sarne about where to bury Weinberg, Zorah Warhaftig, the Minister of Religions, was exasperated and declared: “But we have already dug the grave.” To this, R. Sarne replied (in Yiddish): “Put yourself in it!” The yeshiva students then took the coffin and proceeded to Har ha-Menuhot.

Returning to my conversation with R. Hayyim Sarne, which began with a discussion on Weinberg and moved into other areas, I was at his home for a good while and asked him many things. I even got into a disagreement with him on one issue. I am sure this surprised him, since roshei yeshiva are not used to young men challenging something they say. He insisted that it was better for people to be secularists than to identify with one of the non-Orthodox denominations. I responded that the opposite was the case, as the non-Orthodox groups at least add some Jewish content to people’s lives. They also help slow down assimilation. (Of course, all this is valuable in and of itself, but from a purely utilitarian standpoint it also makes the job of the kiruv organizations easier.) Yet he didn’t buy it and couldn’t even see my point, which I think is shared by virtually all thinking people in the Diaspora.

I used the conversation to ask him why the haredim have such a negative view of R. Kook’s philosophical writings, and his answer was very enlightening. To this day I have never seen it anywhere in print. He told me that one can turn pages and pages in R. Kook’s philosophical works without coming across a rabbinic text (ma’amar hazal). He insisted that a “kosher” work of Jewish thought must be constantly citing rabbinic texts. I had never thought of this point before, but I think it is quite significant. As all who study R. Kook know, he writes in such an original fashion that he becomes the primary text, and one can indeed turn many pages before seeing a ma’amar hazal.

In the new biography of the Brisker Rav (R. Velvel Soloveitchik), there is a very nice picture of R. Hayyim Sarne and his father in Switzerland, together with R. Jehiel Jacob Weinberg and R. Wolf Rosengarten of Zurich.[17] This has nothing at all to do with R. Velvel. It is included because the picture was taken in Switzerland and the biography discusses R. Velvel’s few trips there for health reasons. I assume that the author had this nice picture which he wanted to include, so he found some tenuous connection, even though, as I mentioned, it has nothing to do with R. Velvel.

While R. Velvel was in Switzerland, he was taken care of by Rosengarten, who appears prominently in the biography. R. Velvel also spent a lot of time with his nephew, R. Moshe Soloveitchik of Zurich. Both Rosengarten and Soloveitchik were also close to Weinberg. It has fascinated me that in all of the hundreds of letters that I have, Weinberg never mentions the Brisker Rav’s trips to Switzerland. He also had no interest in going to meet R. Velvel, even though the distance between them was no more than a few hours. I get the feeling that Weinberg felt that R. Velvel was in such a different world that it would be hard for them to even have a pleasant conversation. It might be that he was even intimidated by the Brisker Rav’s extremism. What makes this more interesting is that R. Moshe Sternbuch, who had become a great follower of the Brisker Rav, was also close to Weinberg. R. Bezalel Rakow taught at the Montreux yeshiva in the 1950’s, and he too had a very close relationship with Weinberg. As with so many other Torah scholars in Switzerland, Rakow too went to see the Brisker Rav.

I think we might get a sense of why Weinberg made no effort to meet R. Velvel from the following story:[18] When Rakow went to meet R. Velvel, the latter refused to see him after he heard that he taught at the yeshiva in Montreux. This yeshiva was founded in 1927 and drew students from all over Western Europe. While R. Elijah Botchko, the Rosh Yeshiva, was a member of Agudah and the yeshiva was viewed as part of this world (R. Aharon Leib Steinman even studied there during World War II), he didn’t tow the party line and was certainly more positive towards Zionism than the typical Agudist. Both he and his son and successor, R. Moshe Botchko, were also not opposed to the students getting a secular education. In the 1950’s there was even a plan to for the yeshiva to provide this. It is this issue in particular that is mentioned in explaining why the Brisker Rav refused to see Rakow:

דאפשר שגם הוא בין אלו שרצו להכניס בישיבה לימודי חול בין כותלי הישיבה

Only after Rakow was able to convince the Brisker Rav’s son that he had the proper hashkafot was he permitted to meet the Brisker Rav. He later recalled that the reason he was able to develop a good relationship with R. Velvel was because the latter valued his efforts in “fighting at the yeshiva so that they not incorporate secular studies.” I think it is likely that knowing how different his outlook was from that of R. Velvel, and that R. Velvel had no hesitation in speaking his mind, Weinberg decided to avoid what might turn into a difficult meeting. Whereas other gedolim from the yeshiva world wouldn’t dream of getting into an argument with Weinberg or telling him why his outlook was mistaken, the Brisker Rav, who always spoke his mind, would have had no such compunctions. As for the Montreux yeshiva, in 1985 it relocated to Israel and is now a hesder yeshiva.[19] This shows that even apart from the issue of secular studies, the yeshiva did not share the Brisker Rav’s approach.
[1] Since my book appeared I have also discovered many more letters, including a collection sent to one of the leaders of the yeshiva world (whose identity I am not at present able to divulge). In my Note on Sources, found after the preface, I mentioned that while such letters might cause me to reevaluate some of my conclusions, I was confident that the picture I presented would not be substantially altered. I was happy to see that nothing in these letters caused me to change any of my earlier thoughts.
[2] See Fisch’s Yeriot Shlomo (Jerusalem, 1983). Among Fisch’s contributions to Jewish scholarship are his editions of Midrash ha-Gadol on Numbers and Deuteronomy and his commentary to Ezekiel in the Soncino Books of the Bible.
[3] Incidentally, I think that the standard position is that bishul akum for a holeh she-ein bo sakanah is only permitted on Shabbat, but not during the week. See e.g., Kaf ha-Hayyim, Orah Hayyim 328:119. Halakhic experts, please correct me if I am mistaken.
[4] Shiloh, ed. R. Shlomo Yosef Zevin (Jerusalem, 1983).
[5] When the non-Hasidim and Chabad were finally able to agree on a joint political front in the Soviet Union, the plan was for a group of four non-hasidic and three hasidic rabbis to form a sort of Moetzet Gedolei ha-Torah, the members of which did not have to actually live in the Soviet Union. The four non-hasidim chosen were R. Chaim Ozer Grodzinski, R. Isser Zalman Meltzer, R. Isaac Jacob Rabinowitz, and R. Avraham Dov Baer Kahana Shapiro. The hasidic side was to be represented by R. Yosef Yitzhak Schneersohn (the Lubavitcher Rebbe), R. Menahem Mendel Schneersohn (the son of the Bobruisker Rebbe, R. Shemariah Noah), and R. Shemariah Medalie. See Mordechai Altschuler, “Ha-Politikah shel ha-Mahaneh ha-Dati ve-ha-Haredi be-Rusyah bi-Shenat 1917,” Shvut 15 (1992), p. 22.
[6] I mean, of course, Russian Jewish Orthodoxy, but I think it is worth noting that in pictures of rabbis from Old Russia one sometimes has trouble telling them apart from the Russian Orthodox priests, as they both work black and had beards. In fact, I found one such example with an American Orthodox rabbi. See here.
[7] See Iggerot Moshe, vol. 8, introduction, p. 18.
[8] See Avraham Greenbaum, Rabbanei Berit ha-Moatzot bein Milhamot ha-Olam (Jerusalem, 1994), p. 36. Greenbaum also notes that in 1937 R. Hillel Medalie’s brother, R. Moshe, was exiled to Siberia where he was killed. Unfortunately, this helpful book is not available online. However, I would like to call readers’ attention to another book which is also quite valuable and is online: Peninah Meizlish’s Rabanim she-Nispu be-Shoah. This book contains an enormous list of rabbis who perished in the Holocaust. Available here.
Speaking of online resources, it amazes me that there are still people who buy the Bar Ilan Responsa CD. Apparently, they don’t know that one can access this through the Spertus College library for very little money.
[9] Another example is R. Levi Yitzhak Schneersohn, the father of R. Menahem Mendel, the last Lubavitcher Rebbe. R. Levi Yitzhak died in 1944 after having been exiled to Kazakhstan. See Avraham Greenbaum, “Rabbi Shlomo (Solomon) Schlifer and Jewish Religious Life in the Soviet Union 1943-1957,” Shvut 8 (1999),p. 126 n. 10. Another example is R. Shaul Yisraeli’s father, R. Binyamin, who was rav of Koidanovo, a town near Minsk (see R. Shaul’s introduction to his Amud ha-Yemini). He was exiled to Siberia where he died. R. Shaul writes that his grave site is unknown, and therefore he called his first book Amud ha-Yemini, למען יהא לעמוד זכרון על קברו אשר לא נודע. R. Shaul and two others escaped from the Soviet Union by illegally crossing the border into Poland, which would have meant the death penalty if they were caught (as no doubt many others were). This dangerous step was taken only after Moscow’s Chief Rabbi, R. Yaakov Klemes, performed the Goral ha-Gra. See here.
Before setting out for the border, R. Shaul spent time in R. Yehezkel Abramsky’s apartment in Moscow. See Aharon Sorasky, Melekh be-Yofyo (Jerusalem, 2004), vol. 1, p. 199. R. Shaul made his way to Jerusalem where he became one of the leading Torah scholars in Israel. Because of his religious Zionist outlook, he is another figure who is scrupulously ignored by the Frankel Rambam, even though he was an expert in the agricultural halakhot and should have been cited repeatedly in the Frankel index to Sefer Zeraim. See R. Yaakov Ariel’s introduction to R. Shaul’s Havot Binyamin. In Sorasky’s book, cited previously in this note, R. Shaul is not referred to as “Gaon” and his name is not affixed with זצ”ל. But we should be thankful that at least R. Kook and R. Herzog are given the proper titles (but not R. Soloveitchik!)
[10] David E. Fishman, “Preserving Tradition in the Land of Revolution: The Religious Leadership of Soviet Jewry, 1917-1930,” in Jack Wertheimer, ed., The Uses of Tradtion (New York, 1992), p. 106 n. 48. Fishman also notes that R. Yosef Yitzhak repeated the advice that his great-grandfather had given to one who wanted to go on aliyah in the 1850’s: “We should make this the Land of Israel. Create a Land of Israel here.” This remained the Habad approach and is one of the reasons why the movement never stressed aliyah.
[11] See Nitzan Kedar, “Ha-Medinai she-Nishkah,” Ha-Tzofeh, Nov. 18, 2007, available here.
[12] This book claims that Medalie was born in 1918. Yet this is incorrect. In 1938 Medalie came to England to start his university studies. The Jewish Chronicle of May 20, 1938, has an entire story on this, complete with a picture of the young man. According to the paper, he was twenty-four years old at the time and had received semikhah from R. Isaac Herzog and R. Isser Zalman Meltzer. In Shiloh, pp. 15-16, semikhot from R. Isser Zalman and R. Moses Avigdor Amiel are printed.
[13] Be-Tzel ha-Kodesh (Jerusalem, 2007), p. 131.
[14] See here.
A number of distinguished people are missing from this list, and the following come to mind: R. Eliezer Waldenberg, R. Yitzhak Abadi, R. Aryeh Ralbag, R. Zev Segal, Prof. Yaakov Sussmann, Prof. Reuven Kimelman, and Dr. David Lando.
[15] Moshe Horovitz, She-ha-Maftehot be-Yado (Jerusalem, 1989), p. 94.
[16] Here is a little quiz: What classic book by a woman historian also begins with a funeral scene? Hint: The book is devoted to an event that is often related to the Ninth of Av. I don’t mean the Spanish Expulsion, which contrary to popular belief–a belief popularized by Abarbanel–did not take place on this date. See Yitzhak Baer, A History of the Jews of Christian Spain (Philadelphia, 1978), vol. 2, p. 439.
[17] Shimon Yosef Meller, Ha-Rav mi-Brisk (Jerusalem, 2006), p. 368. I wrote to Meller asking his permission to post the picture, but I haven’t yet heard back from him.
[18] See Be-Tzel ha-Kodesh, p. 118.
[19] See here.



Forgetfulness & Other Human Errors a New Monography by Marc Shapr

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




Marc B. Shapiro – Responses to Comments and Elaborations on Previous Posts II

Responses to Comments and Elaborations of Previous Posts II
by Marc B. Shapiro
In a previous post I wrote as follows:
In Kitvei Ramban, vol. 1, p. 413, Chavel prints the introduction to Milhamot ha-Shem. The Ramban writes:
וקנאתי לרבנו הגדול רבי יצחק אלפאסי זכרונו לברכה קנאה גדולה, מפני שראיתי לחולקים על דבריו שלא השאירו לו כפי רב מחלוקותיהם ענין נכון בכל מה שדבר, ולא דבר הגון בכל מה שפרש, ולא פסק ראוי בכל מה שפסק, לא נשאר עם דבריהם בהלכות זולתי הדברים הפשוטים למתחיל פרק אין עומדין
In his note Chavel explains the last words as follows:
רק בסוף הפרק הזה נמצאה השגה אחת מבעל המאור
Yet what Ramban means by למתחיל פרק אין עומדין are the children who begin their talmudic study with Tractate Berakhot. In other words, it is only the explanations and pesakim of the Rif that are obvious even to the beginner that have not been challenged.[1]
Ephraim responded as follows

WRT the reference of Ramban to פרק אין עומדין, both you and R. Chavel are wrong. Ramban is clearly referring to the gemara’s explanation of the Mishnah’s ruling at the beginning of that chapter of אין עומדין להתפלל אלא מתוך כובד ראש, which is that one should learn an undisputed halakha prior to davening. It is only on those simple and undisputed halakhos that the Maor did not disagree.

Fotheringay-Phipps wrote:

The basic problem with Dr. Shapiro’s (or R’ Mazuz’s, as the case may be) pshat is that Ain Omdin is the fifth chapter of B’rachos, not the first. If the Ramban meant the perek that a kid starting out learns, why would he choose the fifth perek? I think R’ Chavel’s pshat is somewhat of a better pshat, since Ain Omdin is somewhat unusual in that there is only one haga’a from the Ba’al Hamoar in the whole perek, and I incline to think that this is what the Ramban meant.

I presented these comments to R. Mazuz and he replied as follows:

לפי פירוש כת”ר היל”ל הדברים הפשוטים שבתחלת פרק אין עומדין. אולם ידוע שבעדות המזרח התחילו ללמוד מסכת ברכות (וכ”ה בשו”ת הרי”ף סימן רג”ג). בניגוד לנהוג היום בתלמודי תורה להתחיל פרק אלו מציאות. ואבא זצ”ל התחיל לתלמידים בפרק תפלת השחר (ומסתמא כך נהגו בג’רבא) שהוא הפרק הכי קל בין הפרקים א’ ב’ ג’ ד’ במסכת ברכות. לכן יתכן מאד שבימי הראשונים התחילו דוקא בפרק אין עומדין (שהוא קל אפילו יותר מפרק תפלת השחר, ורובו דברי אגדה). וזוהי כוונת הרמב”ן

With regard to his point about the Sephardim beginning their instruction from Berakhot, in R. Mazuz’s new book, Arim Nisi, p. 364, he notes that R. Shakh, Shimushah shel Torah p. 88, refers to the Maskilim’s attempt to institute this in Europe as a “reform.” Yet in reality, this practice has a long history. R. Mazuz writes:

ונעלם ממנו במחכ”ת שכן מנהג הספרדים עד היום הזה, והוא מנהג קדמון מימי הרי”ף והגאונים, ואולי מימי רבי מסדר המשנה שהתחיל בסדר זרעים במסכת ברכות. ולפני כששים שנה הדפיסו באי ג’רבא מסכת ברכות בהשמתטת הקטעים שאין רגילים ללמדם לתלמידים בהסכמת רבני העיר וט”ו מרביצי תורה שבעיר, ויצאו מהם פירות ופירי פירות

Since I mentioned R. Mazuz’s comment vis-à-vis what R. Shakh wrote, I should add that he criticized him on other occasions as well. These criticisms were always offered with proper respect. Yet there are those in the Lithuanian world who have no interest in hearing what another gadol has to say if it not in line with current Daas Torah.[2] R. Mazuz states that he once sent a letter to Yated Neeman pointing out an error R Shakh made, and they refused to publish it. After this paper refused to publish two more of his letters, he stopped sending them, as the hazakhah had been established.[3]
He also tells us that if the editors had a different attitude, he would have also sent in something dealing with the proper way to pronounce the word אחד in Shema, since there was a great deal of discussion in the newspaper by people who didn’t know what they were talking about. The truth is that a dalet without a dagesh is very similar to a zayin[4] and is still preserved among the elders of Yemen and Iraq. He cites one of Ibn Gabirol’s poems which reads:
לאטך דברי שיר דבורה
אשר קרית שמע מפיך יקרא
מיחדת ומארכת באחד
In Peter Cole’s translation:

Take, little bee,
your time with your song,
in your flight intoning the prayer called “Hear”
declaring and stretching “the Lord is one.”[5]

In other word, the bee’s buzzing (zzz) shows us how one can extend the dalet. It is pronounced in the way that the letter can be extended, which cannot be done with a hard dalet.

R. Shakh was a man of truth, and he certainly would have wanted to be corrected. All true scholars are happy when this happens, and this is what intellectual honesty is all about. But Yated Neeman has never been interested in truth or intellectual honesty, but in pushing a religio-political agenda, and therefore not only do they refuse to print such corrections of their gedolim, but they have even published material which they know is untrue. I refer in particular to their slander of R. Kook, stating that he applied the verse Ki Mitzion Tetze Torah to the Hebew University. Even though the truth was pointed out to them they continued to print the slander. One can read all about this in Moshe Maimon Alharar’s book Li-Khevodah shel Torah.

Returning to R. Mazuz and R. Shakh. R. Shakh had written

Whence did Hazal know that the earth was forty-two times larger than the moon, and that the sun was approximately one-hundred-and-seventy times larger than the earth (as explained in the Rambam, Hilkhot Yesodei Hatorah 3:8), if not from the power of the Torah?

Some might recognize this passage as it was subject to a very strong critique by R. Aharon Lichtenstein. I am sure that many in the haredi world were very upset by what R. Lichtenstein wrote, but it pales in comparison to what R. Shakh wrote about the Rav’s Hamesh Derashot.[6] Among his negative comments, he referred to Rav’s Zionist ideas as ממש דברי כפירה.

R. Lichtenstein actually has two replies to the quote from R. Shakh. They are both found in the same essay, but the essay has appeared in two different versions. In the original version he wrote as follows.

Upon reading the passage, one can only reflect, first, that the description cited is nowhere to be found in Hazal, but derives, rather, from medieval astronomers; second, that it is in conflict with the rudiments of contemporary scientific assumptions, and, third, that it hardly consorts with the fact that the selfsame Rambam had explicitly stated, with respect to these very issues, that they were beyond the pale of Hazal’s authority. . . . The high regard properly due the author of the Avi Ezri notwithstanding, one can only conclude that, evidently, when their reach exceeds their grasp, even acknowledged and esteemed talmdei hakhamim may falter.[7]

Yet when this essay was reprinted in Leaves of Faith, vol. 2, the criticism was softened:

In raising this question, he is wholly oblivious not only of the rudiments of astronomy but also of the fact that the selfsame Rambam explicitly states, with respect to these very issues, that they are beyond the pale of Hazal’s authority.

כן בדברי חז”ל. וכמבואר להדיא בהקדמתו לפירוש המשניות (בש”ס ברכות דפוס ווילנא דף נה סע”א וע”ב) שהמקור לזה מספר אלמגסט”י. והוא ספרו של בטלמיוס הידוע בחכמת האסטרונומיא. ועפ”ז כתב הרמב”ם בהלכות יסודי התורה (שם) שהשמש גדולה מן הירח פי 6800. ורלב”ג עה”ת (בפסוק ויאמר אלקים יהי מאורות) חולק על זה וכתב כי השמש גדולה מהירח פי חמשים אלף, כמו שביאר בח”א ממאמר חמישי מס’ מלחמות ה’ ע”ש. וכיום ידוע שהשמש גדולה מן הארץ פי מליון שלש מאות אלף

In response to this citation of R. Shakh in Yated Neeman, R. Mazuz wrote as follows (Or Torah, Adar 5753, pp. 461-462):

והנני להעיר שהרמב”ם כתב כן ע”פ חכמי המדע בימיו ולא נצמא כן בדברי חז”ל. וכמבואר להדיא בהקדמתו לפירוש המשניות (בש”ס ברכות דפוס ווילנא דף נה סע”א וע”ב) שהמקור לזה מספר אלמגסט”י. והוא ספרו של בטלמיוס הידוע בחכמת האסטרונומיא. ועפ”ז כתב הרמב”ם בהלכות יסודי התורה (שם) שהשמש גדולה מן הירח פי 6800. ורלב”ג עה”ת (בפסוק ויאמר אלקים יהי מאורות) חולק על זה וכתב כי השמש גדולה מהירח פי חמשים אלף, כמו שביאר בח”א ממאמר חמישי מס’ מלחמות ה’ ע”ש. וכיום ידוע שהשמש גדולה מן הארץ פי מליון שלש מאות אלף

R. Mazuz’s second letter deals with the nature of darkness. Yated Neeman had printed the Vilna Gaon’s opinion that darkness is not simply the absence of light but its own creation. R. Mazuz responded that this is in opposition to the opinions of the Rambam, Ramban, R. Joel Sirkes, R. Elijah Mizrahi and the Siftei Hakhamim. Subsequent to writing the letter he learnt that this view was also held by R. Saadiah Gaon, Ibn Ezra, Radak, and the Kol Bo (see ibid., p. 946) After pointing out that the Vilna Gaon’s view is held by R. Jacob Emden and the Hida. He concludes:
מכל מקום אין לקרוא לסברא. שהחשך הוא העדר “דברת המינים” ח”ו. ואלו ואלו דברי אלקים חיים
As already mentioned, Yated Neeman does not like to print letters from those who are able to show that the newspaper has erred. Only newspapers interested in the truth do that.

In his Kovetz Ma’amarim, pp. 102ff., R. Mazuz includes another letter he sent to Yated which also was not printed. The paper had published the view of the Steipler and R. Chaim Kanievsky that even Sephardim should pronounce the final vowel of אד-ני as Ashkenazim pronounce the kamatz, since otherwise it appears as it if there is more than one God.

R. Mazuz shows how mistaken this is, and illustrates though various texts that the way the Sephardim pronounce the kamatz today is precisely how it was pronounced in medieval times. For example, he cites one of Ibn Gabirol’s Azharot:

אנכי ה’ / קראתיך בסינַי/ ולא יהיה על פנַי / לך אלהים אחרים
One can easily see that the words are designed to rhyme, so obviously the last syllable of Ado-nai was pronounced the same way as Sinai and panai.
2. Since I just mentioned R. Aharon Lichtenstein, let me quote something else he wrote that relates to what I noted in a previous post.[8] I pointed to the common phenomenon of people rejecting the authenticity of texts that don’t agree with their preconceptions. R. Lichtenstein states:

The Rav had no patience for philosophies that glorified passivity and reliance on miracles. At the beginning of the 1960’s, a few years after the launch of Sputnik, I had occasion to talk with the Rav about those people who claimed that man should not reach out for the heavens, for “the heavens are the heavens of God,” and only “the earth is given to human beings.” The Rav heaped scorn upon them. One of those present jumped up to protest: “But Rabbi, the Ramban in Bechukotai (Vayikra 26:11) speaks about how a person should have faith in the Holy One, and not to delve into matters that are too wondrous for him.” The Rav replied, “I heard from my father, in the name of my grandfather, that the Ramban never uttered that statement!”

Although not identical to the Ramban’s position, there was also a medieval Jewish view that doctors should only be consulted for things like sprained arms, but that when it came to internal diseases one should only resort to prayer. Lest one think that this idiosyncratic position has totally disappeared, I have even found a twentieth-century author who adopts it,[9] leading R. Ovadiah Yosef to strongly reject this view in his haskamah.

3. In a previous post[10] I called attention to an error made by H. Norman Strickman and Arthur Silver. They claimed that according to Radak’s commentary to Gen. 14:14, after the conquest of the Land of Israel the reading of this verse was changed to read “and pursued as far as Dan.” Dr. Strickman has informed me that in the Afterword to his translation of Ibn Ezra to Leviticus, p. 291, he himself corrected the errror. The correct reference is to Radak’s commentary to I Sam. 4:1. Here Radak leaves no doubt that he indeed believes that the text of the verse was changed.
על האבן העזר: כמו הארון הברי’ והכותב אמר זה כי כשהיתה זאת המלחמה אבן נגף היתה ולא אבן עזר ועדיין לא נקראה אבן העזר כי על המלחמה האחרת שעשה שמואל עם פלשתים בין המצפה ובין השן שקרא אותה שמואל אבן העזר שעזרם האל יתברך באותה מלחמה אבל מה שנכתב הנה אבן העזר דברי הסופר הם וכן וירדף עד דן
With this text, we can now understand Radak’s commentary to Gen. 14:4 as also referring to a post-Mosaic change. Without this text, there would be no reason to assume that Radak in Gen 14:14 is not referring to Moses’ prophetically writing the word “Dan.”

As I pointed out in my previous post, in the introduction to his Commentary on the Torah Radak insists on complete Mosaic authorship. In order that there be no contradiction between the sources, we must assume that Radak means that no sections (or even verses) were written by someone other than Moses, but not that there are no minor post-Mosaic changes. In my book I pointed out that Radak understood tikkun soferim literally, that is, the Scribes actually made minor changes to the text of the Torah.[11]

(With regard to false ascription of critical views vis-à-vis the Torah’s authorship, I should also mention that Abarbanel, Commentary to Numbers 21:1, accuses both Ibn Ezra and Nahmanides of believing that the beginning verses of this chapter are post-Mosaic. Yet Abarbanel must have been citing from memory, since neither of them say this. In fact, Ibn Ezra specifically rejects the notion that the verses were written by Joshua.)

4. In a previous post I mentioned R. David Zvi Hillman’s strong attack on R. Kafih. It is only fair to point out that Hillman’s letter was the impetus for an even sharper attack on Hillman. See here, here, and here for the relevant documents.

R. Kafih was a follower of the Rambam who wrote that one should be “among those who are insulted, but not among those who are insulting” (Deot 5:28). While the articles make many good points, the crude language used is entirely unacceptable.

5. With regard to the Netziv and reading newspapers on Shabbat, Dr. Yehudah Mirsky has called my attention to the Netziv’s article in R. Kook’s journal, Ittur Soferim (1888), pp. 11-12, where the Netziv offers halakhic justification for this practice. Unfortunately, this short article was not included in Meshiv Davar, vol. 5, which appeared in 1993. (Presumably, the editors were unaware of it.) This most recent volume of Meshiv Davar is a bit strange, because the editors don’t tell us anything about where they found previoiusly unpublished responsa included here. From a historical standpoint, the most interesting responsum is no. 44. Here the Netziv blasts the new analytic approach of R. Isaac Jacob Reines, which is found in his Hotam ha-Tokhnit and Urim Gedolim.

Other than an anonymous article in Ha-Peles 5 (1903), pp. 673-674, in which Reines’ approach is regarded as falling into the category of “that which is new is forbidden by the Torah,” I don’t know of any other attacks on him. For some strange reason, Saul Lieberman thought that R. Yaakov David Wilovsky’s famous attack against the Brisker method, found in the introduction to his Beit Ridbaz, was directed against Reines. Shaul Stampfer quoted this in Lieberman’s name in the first edition of his masterpiece, Ha-Yeshivah ha-Lita’it be-Hithavutah (Jerusalem, 1995), p. 113 n. 29, but omits Lieberman’s comment in the second edition of this book (Jerusalem, 2005).

6. In a previous post I wrote about the issue of kosher sturgeon. Shortly after the post appeared I read David Malkiel’s article on R. Isaac Lampronte’s Pahad Yitzhak.[12] Malkiel, p. 129, points out that the most famous entry in the work deals with the authority of customs, and focuses on whether a certain type of sturgeon is kosher. Lampronte tell us that the custom in Ferrara was to eat it.

I wrote the post without doing an internet search, which is now the first place people go when beginning their research. Only after the post appeared did I do such a search and I came up with the following very interesting post by Rabbi Seth Mandel.[13] He writes as follows:

I have asked several rabbonim about how it came to pass that if the Noda’ biY’hudah paskened unequivocally that sturgeon is kosher, every book says black on white that it is not. Of the two rabbonim who even were aware of the issue, one said that of course sturgeon is kosher, and the fact that there is none with a hekhsher is either because the rav hamakhshir doesn’t know about the issue, or you can’t get a rav hamakhshir to the fishing plants. . . . The other rov said that of course, no recognized halakhic authority would contradict the Noda’ biY’hudah on this, but since Jews believe they are not kosher, and the only ones pushing their kashrut are the C or R, why should an O rov fight to show they are kosher, as if we accept the way they arrive at their decision? . . . 

I challenge anyone to find a posek who deals with the issue and refutes the Noda’ biY’hudah. I am _not_ saying that I “know” that there is no one; what I am saying is that I have been looking for years, and have found no one. Please do not hesitate to correct me if anyone knows of a source (but one that knows that the Noda’ biY’hudah had a t’shuva on this). The books on the kashrus of fish just take it as a given that since sturgeon, as R. Josh says, do not have scales but rather bony tubercules, they are not kosher. My bottom line is I don’t care if people hold that they are not kosher (I don’t like fish eggs, anyway), but it seems to me inexcusable for these books to distort the Torah by giving the impression that everyone agrees on this issue. The Noda’ biY’hudah is not just anyone. My goodness, he is not even MO, L, or Chareidi, so there go most of the opportunities for saying “WADR to the Noda’ biY’hudah, he is MO/L/ wears a grey hat, and so cannot be representative of true Torah.” The only thing you can say is that he was an opponent of chasidus, but even according to the Chasidim, that is not an issue, since a famous story of the Chasidim is that he repented on his deathbed from all the not nice things he said condemning chasidus (and the story _must_ be true, since it is retold in the CIS Shulman “authorized” biography of him).

Rabbi Mandel wrote this before he was appointed to his current important position in the OU kashrut organization. Somehow, I don’t think he would have expressed himself this way if he was then working in the kashrut industry.[14]

7. I was fortunate to spend back-to-back Shabbatot with Prof. Daniel Sperber. I learnt much from my conversations with him, and I think people will enjoy listening to his presentations. He is currently president of the Jesselson Institute for Advanced Torah Studies at Bar Ilan University, and was kind enough to give me a recent volume published by them, Mi-Sinai le-Lishkat ha-Gazit by Shlomo Kassierer and Shlomo Glicksberg. This book analyzes the relationship between the written and oral law, and the nature of rabbinical authority. What makes the book significant is the combination of traditional and academic study. Anyone who wants to understand the latest thinking on this topic would be wise to consult this book.

8. Many people contacted me following my last post on Rabbis and Communism, so let me add a few further comments. R. Baruch Oberlander called my attention to Likutei Sihot, vol. 33, pp. 248-249. Here the Lubavitcher Rebbe states that there is no contradiction between Judaism and socialism. He adds that in Russia, before the Revolution, he knew many socialists, even radical ones (which I assume means real communists), who were completely Torah observant. See also Iggerot Kodesh, vol. 22, p. 497.

Since my last post mentioned R. Jacob Emden and Abraham Bick’s communist ties, I should also mention Mortimer Cohen, the author of Jacob Emden: A Man of Controversy. This was the first academic defense of Emden, and was subjected to withering criticism by Scholem. Marvin Antelman, who has made attacking Eybschuetz one of his life’s goals, also sets his guns on Cohen, accusing him of having been the “’rabbi’ of a secret sect of Sabbatean communists, who carried on the Frankist conspiracy in Philadelphia” (Bekhor Satan, p. 44).

R. Nathan Kamenetsky wrote to me pointing out that when R. Dovid Leibowitz was let go from Yeshiva Torah va-Daas in the 1930s, one of the complaints against him was that he was promoting communism (whether the complaint was justified I cannot say. Kamenetsky continues: “My son, R’ Yoseph, pointed out that the Torah divides wealth evenly when it sets the law of Yovel. At the conquest of Canaan, the land was divided evenly, and every fifty years thereafter, by which time there would be wealthy lanlords and poor ones, the Torah redistributed the land in its original lots. (The difference between large estates and small ones would then result only from family sizes, by which families with many children would have smaller fields than and those with many children.)”

I had wondered about the meaning of the word ,סוללים and suggested that it refers to a white-collar profession. Kamenetsky writes:

You do not base your suggestion on philology – and nor will I. I also do not think that you are correct sociologically that white-collar workers were assumed to be less religiously observant than other Jews. I believe that Rabbi Graubart meant pharmacists, because, like doctors, they were not expected to be observant. I know this from my father’s attitude (which was grounded in the pre-World War I Jewish environment). For example, when my father would speak of my native Tzitevian, the town where he served as rabbi, and telling an involved story about how a Jewish woman who was suspected by my mother of not using the mikveh found that her husband was carrying on with their goyisheh maid, he added, (not in these exact words) “Naturally, besides the pharmacist’s wife, all the women in the shtetl used the mikveh.” Insofar as doctors, and likely pharmacists too, they weren’t trusted to be profesionally reliable if they were observant! See my Making of a Godol, page 557, (within my discussion about Dr. Einhorn, a mysterious figure), where I quote an article about that doctor which said, “The [townspeople] realized that [Dr. Einhorn’s] way of life, his devoutness, did not harmonize with his profession.”

9. Dr. Yehudah Mirsky called my attention to Mordechai Zalkin, “Bein ‘Bnei Elohim’ li-Vnei Adam’: Rabbanim, Bahurei Yeshivot ve-ha-Giyus le-Tzavah Ha-Russi ba-Meah ha-19,” in Avriel Bar-Levav, ed., Shalom u-Milhamah be-Tarbut Ha-Yehudit (Jerusalem/Haifa, 2006), pp. 165-222. I was unaware of this fabulous article which is a detailed survey of the issue of rabbis and the Cantonist problem. Let me just quote his concluding paragraph, which I was happy to see supports a suggestion I made. Coming from Zalkin, who is an expert in the history of Russian Jewry, it should be taken very seriously.

אין בידינו כלים לבחון את מידת השפעתו ארוכת הטווח של תהליך זה על מערך היחסים הבסיסי בחברה היהודית המזרח אירופית משלהי המא התשע-עשרה. אולם יש מקום להניח שלתחושת האכזבה והתסכול מאופן תפקודה של הרבנות המזרח אירופית בפרשת הגיוס היה חלק לא מבוטל במגמות החילון ובנהייה אחר תנועות אידאולוגיות שהציעו מודלים מנהיגותיים אחרים, שרווחו בקרב יהודי מזרח אירופה במחצית השנייה של המאה התשע-עשרה
Notes
[1] See R. Meir Mazuz’ note in R. Hayyim Amselem, Minhat Hayyim, vol. 2, p. 15.
[2] I stress the “current” Daas Torah, since Daas Torah has been known to change. For example, Yated Neeman will, for obvious reasons, no longer mention the Daas Torah set forth by the Brisker Rav, the Steipler, and R. Shakh, and which was the official haredi position for many decades, namely, that one is not permitted to serve in the Israeli government batei din. With regard to Daas Torah, the quote from R. Itzele that I mentioned in my last post is very interesting
החלק הפוליטי נחוץ, כי על ידו נמשוך את בני הנעורים והרחוב להסתדרותנו. גם הלא אנו רואים, כי כלל ישראל חפץ בו, בוודאי מאת ד’ הייתה זאת. וכלל ישראל הוא גבוה ונעלה מגדולי התורה. ישראל אם אינם נביאים, בני נביאים הם
In the haredi version of Daas Torah, the opinions of the masses are meaningless, indeed they are said to be – by definition – in opposition to Daas Torah (which always makes me wonder how laypeople such as Jonathan Rosenblum are able to understand and explain Daas Torah). Yet R. Itzele places the opinion of the religious masses on a higher level than that of the rabbis (à la kol hamon ke-kol shadai). One reader informed me that R. Avraham Shapira quoted this passage in defense of Zionism, i.e., the religious intuition of the people, who supported Zionism, trumped the view of the gedolim, most of whom opposed Zionism.
[3] Or Torah, Adar 5753, pp. 461ff., 946.
[4] See Shamma Friedman, “Le-Inyan ha-Devorah be-Shiro shel Ibn Gabirol, u-Minhag Ehad bi-Keriat Shema,” Lashon ve-Ivrit, Dec. 6, 1990, p. 31.
[5] Selected Poems of Solomon Ibn Gabirol (Princeton, 2000), p. 69.
[6] See Mikhtavim u-Ma’amarim, vol. 4, p. 107. See also his strong attack on the Rav’s ideology, ibid., pp. 35ff.
[7] “Legitimization of Modernity: Classical and Contemporary,” in Moshe Z. Sokol, ed., Engaging Modernity (Northvale, 1997), pp. 21-22
[8] See here.
[9] R. Reuven ben David, Meshiv Davar (Jerusalem, 1979), no. 2.
[10] http://seforim.blogspot.com/2008/01/clarifications-of-previous-posts-by.html
[11] Limits of Orthodox Theology, p. 99. I also note that Radak doesn’t usually mention the various tikkunei soferim, which probably means that he did not accept them.
[12] “The Burden of the Past in the 18th Century: Authority, Custom and Innovation in the Pahad Yitzhak,” Jewish Law Annual 16 (2006), pp. 94-132
[13] See here.
[14] In a future post I hope to deal with the history of the kashrut industry. For now, let me just note that among the many ways we are more fortunate than those of previous generations is that we can even buy toilet bowl cleaner with a hashgachah (it is parve.). See here. Here is the actual letter of certification.

[15] See http://torahinmotion.org/store/store.htm



Marc B. Shapiro – Rabbis and Communism

Rabbis and Communism
By
Marc B. Shapiro
I had intended my newest post to be on the Rav’s famous essay “Confrontation,” but I recently received the latest issue of Tradition with Rabbi Yitzchak Blau’s article “Rabbinic Responses to Communism,” so let me make a few comments about it. First, I must say that it is a good read, like all of Blau’s writing, and I was impressed with the range of topics he attempts to tackle. My only suggestion for improvement would have been to examine the larger context of Jewish communist anti-clerical sentiment, which made it very hard for the rabbis to be sympathetic to communism.
Yet this anti-clerical feeling did not arise in a vacuum. Quite apart from the traditional Marxist aversion to religion, the rabbis, like their non-Jewish religious counterparts, were generally aligned with the aristocracy, who paid their salary and took their sons as marriage partners for their daughters. The rabbis were thus seen as standing in the way of economic justice. In fact, there has been a long plutocratic tradition in the Jewish world, which meant complete disenfranchisement of the poor from all communal decisions. I don’t know of any Jewish community in history where people who could not afford to pay taxes were given communal voting rights. (This would be the modern equivalent of not giving welfare recipients the right to vote – wouldn’t the Republicans love to make this the law of the land!)
R. Samuel de Medina goes so far as to argue that the wealthy are qualitatively superior to the poor, citing in support of this horrible notion Eccl. 7:12: “For wisdom is a defense, even as money is a defense.” For him, money and wisdom are two sides of the same coin. [1] He also gives another proof to support his pro-wealth point of view. Gen. 41:56 states: “And the famine was over all the face of the earth (פני הארץ).” Upon this the Midrash comments that the face of the earth refers to the rich people (Tanhuma, ad loc.). From this we see, says de Medina, that the rich are at the head of the community and everyone else in the rear, not a position from which one leads.[2] As he puts it (and note how the poor and the ignorant are treated as one group):
Accepting the will of the majority, when that majority is composed of ignorant men, could lead to a perversion of justice. For if there were one hundred men in a city, ten of whom were wealthy, respected men, and ninety of whom were poor, and the ninety wanted to appoint a leader approved by them, would the ten prominent men have to submit to him regardless of who he was? Heaven forbid, this is not the accepted way (“the way of pleasantness”).[3]
None of this means that de Medina was insensitive to the needs of the poor. This was not the case at all, and he has a responsum in which he requires people to contribute to the building of houses that will be used, among other things, for poor visitors to spend the night.[4] Yet we see in him a sense of paternalism that was common in traditional societies all over the world, and was one of the factors which convinced the lower class that it was time to take matters into their own hands.[5]
When dealing with anti-clericalism in Russia, we must also not forget the masses’ long memory of how some (many?, most?) rabbis were silent during the era of the chappers. This was when children were grabbed for 25 years of military service in the Cantonists, often never again to see their parents and usually succumbing to incessant pressure (including torture) to be baptized. Yet it wasn’t the children of the rich or the rabbis who were taken, but the poor children. Jacob Lifshitz’ defense of the way the Jewish community dealt with the Cantonist tragedy – which he regards as worse than even the destruction of the Temple![6] – and his insistence that no one can judge the community leaders unless they themselves had been in such a difficult circumstance, is something we must bear in mind.[7] Yet all such ex post facto justifications would have no impact on the outlook of those that actually suffered during the Cantonist era, and it is no wonder that many of the common people would not regard the rabbis in a sympathetic light. The rabbis were certainly able to come up with a justification why their sons, the future Torah scholars, should not be taken to the army, just as they continue to make this argument. Yet this would only serve to show the masses that some children’s blood was indeed redder than others.[8]
In his memoir of this era, Yehudah Leib Levin wrote:
“I was relatively calm and personally did not fear the chappers, because my father was an important landlord, distinguished in Torah and highly regarded by everyone. My mother was the daughter of the most famous tzaddik (righteous person) of his generation, Rabbi Moshe Kabrina’at. And I, I was one of the “good children,” a prodigy the likes of whom were not touched by the hand of the masses. Free both of fear and of schoolwork, because the teachers and pupils had all gone into hiding and the chedarim [schools] were closed, I wandered daily around the city streets seeing the little “Russians,” and my heart burst when I realized they were in the hands of non-Jews, who forced them to eat pork – oh dear me!”[9]

Elyakum Zunser was seized when he was away from his hometown. Many years later he wrote:

“Many private individuals engaged in this traffic, seizing young children and selling them to the Kahal “bosses.” Reminiscent of the sale of Joseph by his own brothers, these betrayals occurred daily. Lesser rabbis of small towns assented to such transactions, rationalizing that it was more “pious” to save the children of their own towns than to concern themselves with the fate of strangers.

“Though many important rabbis wept at these outrages, most dared not protest. They were afraid of the consequences if the Jewish community would defy the Tsar’s quota. The rabbis held their positions at the discretion of the Kahal leaders and feared the consequences of displeasing them. They were afraid to be denounced to government officials and exiled to Siberia.[10]”
Michael Stanislawski notes that in one community the communal leaders wanted to grab a poor tailor since he wasn’t observant, but the local rabbi forbid it. Stanislawski also tells us that in Vilna the communal leaders had their sights on a larger prize.
[T]he traditionalist kahal authorities later attempted to forestall the opening of the government-sponsored rabbinical seminaries by drafting the sons of several of its proposed teachers, but this was discovered by the local administration and forbidden.[11]
He also quotes the Hebrew writer Y. L. Katsenson, who describes his grandmother’s shock when she discovered that the chappers in her town were not Gentiles:
No, my child, to our great horror, all khappers were in fact Jews, Jews with beards and sidelocks. We Jews are accustomed to attacks, libels, and evil decrees from the non-Jews – such have happened from time to time immemorial, and such is our lot in Exile. In the past, there were Gentiles who held a cross in one hand and a knife in the other, and said: “Jew, kiss the cross or die,” and the Jews preferred death to apostasy. But now there come Jews, religious Jews, who capture children and send them off to apostasy. Such a punishment was not even listed in the Bible’s list of the most horrible curses. Jews spill the blood of their brothers, and God is silent, the rabbis are silent. . . .[12]
What is incredible is that after all the pressure to convert, some Cantonists remained Jewish. In fact – and here I mention something that I only learnt after my book on R. Jehiel Jacob Weinberg was published – Weinberg’s grandfather was a Cantonist. His father was also a soldier in the post-Cantonist Czarist army.[13] In the book I mentioned that Weinberg’s family was undistinguished, yet if I was writing it now I would speak about how the two generations of army service signifies that this was in fact a very low-class family, and shows how significant Weinberg’s rise to fame was. As I pointed out, while in theory the yeshivot were equal-opportunity institutions, in reality the aristocratic element in them was generally well established and self-perpetuating.[14]
In a strong defense of the rabbis against the charge that they collaborated with the rich people in order to ensure that the poor were taken, R. Moses Solomon Kazarnov calls attention to all that the rabbis did to defend the children of the lower class.[15] But he acknowledges that the rabbis would hand over the non-religious kids, including their own![16] (While I have no doubt that the rabbis joined with the parnasim to hand over the non-religious youth, it strains imagination to believe that there were more than a few who did this with their own irreligious sons.) As Kazarnov puts it (51-52, in words that must cause loathing in any contemporary parent, and I would assume in virtually all parents even one hundred years ago):
והרבנים איפא כבנים נאמנים לתלמודם הורו למעשה את אשר מצאו כתוב להלכה, ותמיד הורו לא אך לאחרים, אך גם לעצמם, אם בניהם לא נהגו כשורה, לנדותם להבזותם ולתת גם את חלקם לטובים מהם; כמה אבות רבנים או חרדים גרידא הנך זוכר קורא יקר, אשר בניהם יצאו לתרבות רעה ואשר התפללו לה’ תמיד כי יחמול ה’ עליהם ויקח את בניהם אלה מהם, כמה מהם השתדלו בעצמם להשיג את בניהם שנתפקרו למען מסרם לצבא תחת יתר בניהם הרודים עם א-ל?
Talk about conditional love! I don’t even want to imagine what it did to the mental state of a child who knew that his father would hand him over to the Czar’s army if he decided that he no longer wanted to be Orthodox. Kazarnov continues:
ואם כן אפוא מי זה יאשימם על הוראתם למסור למלכות לעבודת הצבא את החטאים תחת הכשרים? . . . הלא לא עשו לבני העניים יותר מאשר עשו לבניהם המם. את הכשרים שמרו כבבת עינם, אם שלהם ואם של אחרים, ואת החוטאים מסרו לצבא אם מירכם יצאו או מירך זולתם! . . . במאכלות אסורות ובנבלות, זמה ורשע, בזדונות כאלה שמו החרדים את פניהם להמעיטם מקרב עמם, מקרב משפחתם ומקרב בני ביתם, ומה היא כל החרדה הזאת?
Concerning the general issue of the rabbis being allied with the wealthy, Dan Rabinowitz called my attention to what R. Judah Margaliot wrote in his Beit Middot:
Some of the leaders of Israel do not think of the glory of their Creator but only of their own. They employ all their power merely to terrorize the community. [He then elaborates on how they do this] . . . Do not think that one can turn for help to the great figures of the generation, to our rabbis, whose duty it is to be the protectors and defenders of the people. For they are in league with the oppressors, walk together with the powerful men and rulers of the city, become collaborators of every mischief-maker, give protection to every swindler. They exploit the rabbi’s title and authority for all kinds of evil deeds. Everything obtains the approval of the community rabbi. He who ought to be the guardian of righteousness and justice becomes the protector of robbers and bandits. The righteous judge joins the league of the swindlers. . . . . And these are our judges and lawgivers! Calmly they look on at the robberies and injustices that take place in the community and flatter the rich and powerful from whom every quarrel and plague come.[17]
Returning to the issue of poverty, which de Medina sees as a disqualifier for communal leadership, we can also find more positive evaluations of it. Nedarim 81a tells us not to neglect the children of the poor, for the Torah goes out from them. If you examine the commentaries on this passage you will certainly find those who point out that it is easier for a poor person to study Torah, as he does not have the same attachment to the material world as does the wealthy man, and it is this attachment that prevents one from focusing on Torah. I read these sources as designed to be encouraging. In other words, they are ex post facto judgments of the positive that can be found in poverty, so that people in this unfortunate state don’t think that all is lost.
Yet in the entire history of the Jewish people I don’t know of any source that says that it is good to be poor, and that this is something that one should strive for. In fact, the Talmud states that one who is poor is like one who is dead (Nedarim 64b), and puts poverty in the same category as childlessness, leprosy, and blindness, all things that we hope we never have to deal with. Similarly, R. Phineas b. Hama stated: ”Poverty in one’s home is worse than fifty plagues” (Bava Batra 116a). In Eruvin 41b extreme poverty is listed as one of the three things that “deprive a man of his senses and of a knowledge of his Creator.”
The notion that it is harder for a rich person to get into heaven than to put a camel through the eye of a needle has never been a Jewish teaching, and Jews have regarded wealth as a blessing. It is a challenging blessing, but a blessing nonetheless.
Yet when questioned by those who pointed out how difficult poverty is for the kollel students in Israel, R. Aryeh Leib Steinman responded with what, to my knowledge, is a completely new approach, one which idealizes poverty in a manner not very different than the Christian notion of “Blessed be ye poor, for yours is the kingdom of God.” (Luke 6:20):
While everyone must distance themselves from unnecessary expenditures and luxuries just as they would be careful of fire, Bnei Torah have an especial obligation as the simple life is recommended for acquiring Torah, and they have it better if they live a life of simplicity and tsnius, and even poverty and want. It says: This is the way of Torah – eat bread with salt. But it is important to stress that what is necessary is strengthening emunoh and dedication to Torah. One should definitely not look for solutions that might cause avreichim to leave learning, G-d forbid.
I was asked if it would be a good idea to open offices for chareidi men in the large chareidi cities so that they could work in an appropriate atmosphere. It is obvious that the idea is a bad one though the intentions are good. The fact that the workplaces would be especially suited to the needs of chareidi men, and set up by chareidi people, might encourage people in difficult financial situations to leave learning. It is a spiritual stumbling block for the community at large. It would be terrible even if it would cause just one man to leave full-time learning. . . .
What are the effects of poverty? The answer is that it is better to be poor than to be rich, as Torah comes forth from the poor; they are the ones that become talmidei chachomim. The Jewish People has always undergone difficult trials. Historically, it’s been the poor people who have maintained their commitment to Judaism, despite the difficulties. It was among the rich people that some failed to withstand the temptations and trials. They are the ones that lost their children and grandchildren to Torah. It was the poor who remained especially steadfast in their dedication.
I have personally witnessed, and history testifies, that in all of the places where people learned Torah in poverty, they were able to maintain the Mesorah. In the places where the people had a comfortable standard of living, their learning was not immune to the Haskalah’s influences and many abandoned the Jewish and Torah way of life.[18]
Returning to Blau’s article, I was happy to see that he cited R. Jacob Emden who expressed admiration for shared property. I would just note that as with so many other issues in his writings, Emden had an alternate opinion as well, and here he comes out looking like his contemporary, Adam Smith. Emden explains how poverty is essential to a successful economic order. He notes that without the motivating factor of those who are in need – what Gordon Gekko would call “greed”[19] and what others will call “self-interest” – no economic progress will ever be made. If people are not able to improve their economic state, they will not take the risks that stand behind all new ideas and discoveries, which are precisely what keeps the economic engine of a society going. Communism, which took away the hope of personal gain, stifled all of this creativity.
Showing keen insight, Emden writes that if everyone had sufficient economic security, no one would travel on ships to far-away places and bring back the goods that are so important to people, no one would agree to do the back-breaking work required to build society’s great structures, and no one would take the time to come up with new inventions such as clocks and מחזות, which Azriel Schochet[20] suggests means glasses but I think telescopes is just as likely.
The passage appears in Birat Migdal Oz, 138b, but since the edition I have access to (on Otzar ha-Hokhmah) does not have page nos., I will cite it as it appears in Schochet, Im Hillufei Tekufot, 224-225:
והפלא מהשגחת הבורא הפרטית לתועלת עולמו ולהשלים תקנת בני אדם דרי תבל למלא חסרונם בהמצא בהם עניים ודלים. כי זולתם לא היתה הארץ נעבדת לתת יבולה ופריה, ולא היו מתגלים מחצבי הכסף והזהב ואבנים יקרות וסממני הרפואה ומיני הצבעים הנחפרים מן הארץ להודיע טובה ושבחה ושפעה הרב, לא תחסר כל בה. ואם היו כולם שבעים ומושפעים בשוה לא היה אחד מהם טורח להשיג דבר מן הדברים הנזכרים, ואצ”ל שלא היה שום אדם מסכים לרכוב אניות ולדרוך אניות להביא לחמו ממרחק ולמלא חסרון המדינות נעדרי התבואות והדברים היקרים וראשי בשמים והסמים הפשוטים, ולא היה מי מהם שירצה להעמיס על עצמו המלאכות הכבדות כבנית הבנינים הגדולים והיכלות תמלכים ומגדלים, ערים בצורות וחפירות הבורות והבארות, והיה העולם שמם. וכל שכן שלא היה אחד טורח בשכלו ובכח ידו להמציא תחבולות ואומניות נפלאות, כמו כלי השעות והמחזות והדומה להם מהאריגה והציורים ופתוחי חותם, והרבה מה שיארך זכרו, ולא היה ניכר שוע לפני דל, ובסיבת העוני ישיגו בני אדם כל הטובות הגדולות הרבות ההנה, והעני והחסר ישיג בהם די מחיתו והשלמת חסרונו ברצונו. מלבד מה שישיגו ע”י כך אורחות חיים כי יחלץ עני בעניו ע”י שנצרף בכור העוני, והעושר זוכה בו ומהנהו מנכסיו, מאיר עיני שניהם ה’.
I was also happy to see that Blau mentioned R. Jehiel Jacob Weinberg’s views, although he overlooked Li-Frakim (2002 ed.), 578-582 and Kitvei ha-Rav Weinberg, vol. 2, 404-408,[21] the latter of which is devoted to Marx.
As can be expected, the rabbinic figures Blau surveys in his recent article in Tradition were no great fans of communism.[22] He writes: “My research failed to turn up a single Rabbi [!] of recognized stature who endorsed the communist program.”
.יגעתי ומצאתי After the February 1917 Russian Revolution which brought Kerensky to power, the Orthodox formed a group called Masoret ve-Herut. It contained both Zionists and non-Zionists and was supposed to send a delegation to the All Russian Jewish Congress, which because of the Bolshevik revolution never took place. The group also envisioned itself becoming a real political power with the establishment of the new government. On the seventeenth of Tamuz, 1917, over fifty rabbis came to Moscow for discussions about this, including R. Avraham Dov Shapiro of Kovno, R. Abraham Aaron Burstein of Tavrig,[23] R. Isaac Rabinowitz of Ponovezh (R. Itzele), and R. Aaron Walkin of Pinsk. The Hafetz Hayyim sent greetings but was too ill to attend.
Since the masses did not have any property, one of the issues the new group would have to take a stand on was agrarian redistribution. With the Czar overthrown, it was possible to take not just his land but also the land that belonged to the wealthy princes, noblemen, and magnates and redistribute it, and this was certainly what the average person wanted. However, is this in accord with Jewish law? Can one confiscate another’s property? This was a subject of great controversy among the rabbis, and as can be imagined, many opposed this step. R. Itzele got up and, as recorded by R. Judah Leib Graubart,[24] said the following
החלק הפוליטי נחוץ, כי על ידו נמשוך את בני הנעורים והרחוב להסתדרותנו. גם הלא אנו רואים, כי כלל ישראל חפץ בו, בוודאי מאת ד’ הייתה זאת. וכלל ישראל הוא גבוה ונעלה מגדולי התורה. ישראל אם אינם נביאים, בני נביאים הם.
In other words, if the Jewish people think that the concentration of land in the hands of a minority is unjust and should be redistributed, even if the rabbis claim that redistribution of the land is robbery, the opinion of the Jewish people overrides that of the rabbis.[25] Certainly, all would agree that R. Itzele is a rabbi of recognized stature.
Zalman Alpert called my attention to Jacob Mark’s discussion of R. Itzele in his Bi-Mehitzatam shel Gedolei ha-Dor, 116. Mark mentions that R. Itzele was greatly respected by the radicals (which included at least one of his own sons who was arrested in 1905 for revolutionary activities).[26] He was also very interested in socialism and carefully went through Marx’s Das Kapital. He was greatly impressed by Marx’s ideas, yet Mark notes that he commented: “I cannot agree with his positions, because they oppose the Torah law that protects private property.” I don’t deny that he said as much to Mark, but as we see from Graubart’s book, at the time of the Revolution he had a different perspective.[27] As to how, from a halakhic standpoint, he could have supported redistribution of wealth if the Torah protects private property, this is not a difficult problem. After all, as far as the Rabbis are concerned, governments have the right to engage in all sorts of taxation and redistribution of wealth.[28]
Eliezer Brodt called my attention to R. Moshe Shmuel Shapiro, Rabbi Moshe Shmuel ve-Doro (New York, 1964), 134-135, who tells an interesting story about R. Menashe of Ilya, one of the great students of the Vilna Gaon. (I can’t say whether the story is apocryphal.) R. Menashe was greatly bothered by the terrible poverty in the Jewish community and came up with a revolutionary idea long before Marx. He proposed organizing a meeting of all the great rabbinic and lay leaders in the Jewish community, and their job would be to divide the Jewish wealth evenly. By doing so, the poverty problem would be solved and all would be equal. It is said that he turned to R. Hayyim of Volozhin and asked him to put his stature behind such a gathering. R. Hayyim replied that he is willing to be involved in one half of the program, i.e., the part where the poor receive the money, but the second part, in which the rich have to give up their money, he leaves to R. Menashe. Supposedly, R. Menashe understood from this answer that his plan had no hope.
R. Judah Leib Ashlag was another great rabbi who supported communism (see here ). It is very ironic that today Ashlag’s torch is carried by a few capitalist entrepreneurs, who have become very rich through the Kabbalah Centre.[29]
Isaac Steinberg, while not a rabbi, is a figure that should be mentioned. He was a leader of the Social Revolutionary Party and served as commissar for law in the first Soviet government. There is a lengthy article and picture of Steinberg in the Encyclopedia Judaica. Here is another picture of him.
Steinberg was also an Orthodox Jew. His ability to combine revolutionary views and Torah might be due to the influence of his teacher, the brilliant Rabbi Shlomo Barukh Rabinkow, who was himself “a convinced socialist and revolutionary.”[30]
Abraham Bick (Shauli) is also worth mentioning. He was the brother of R. Moshe Bick, who was a leading posek in the Bronx and later in Boro Park. (This is incorrect. A family member has pointed out that they were distant cousins, not brothers). An early musmach of RIETS (in the days of R. Moshe Soloveichik), he was well accepted in the haredi world.[31] (I recall how happy I was to once stumble upon his shul in Boro Park, having finally found a place that davened nusach ashkenaz.) The Bick brothers were direct descendants of R. Jacob Emden, and Abraham Bick is known for publishing a new edition of Emden’s autobiography, Megilat Sefer. He also published a biography of Emden, Rabbi Yaakov Emden (Jerusalem, 1974).
As has already been pointed out on at the Seforim blog,[32] Jacob J. Schacter commented about Bick’s biography that “is uncritical, incomplete and simply sloppy. It is barely more useful than an earlier historical novel in Yiddish about Emden by the same author with the same title published in New York, 1946. In general, all of Bick’s work is shoddy and irresponsible and cannot be taken seriously.” In R. Meir Mazuz’s recently published Arim Nisi (Bnei Brak, 2008), 42-43, he strongly criticizes Bick’s edition of Emden’s Zoharei Ya’avetz (Emden’s notes to the Zohar). He was unaware that R. M. M. Segal-Goldstein has an article in Or Yisrael 43 (5756): 208ff., in which he deals with Bick’s fraudulence in this work, and much more. Following this article, Yehoshua Mondshine added his condemnation as well.[33] Schacter’s judgment is that Bick’s work is “shoddy and irresponsible.” While there is certainly a good deal of this, the more serious problem with Bick is that he was a forger, pure and simple. (Unlike Chaim Bloch, he didn’t forge complete works, only small sections of otherwise authentic works)
Bick also has an article on religious life in the Soviet Union[34] and he co-edited a volume of Torah writings of rabbis in the Soviet Union.[35] Yet what is most fascinating is that he himself was a communist, and even published a Hebrew volume on Marx.[36] In his early years he also published two volumes on religious socialism, both of which had contributions from Steinberg.[37] According to one source, his attraction to communism began when he was a young man in Eretz Yisrael, during which time he was also close to R. Kook.[38] In 1947 Bick was even identified in Congressional testimony, before the Committee on Un-American Activities, as being on the board of the communist School of Jewish Studies (Institut far Yidisher Bildung) located in New York.[39] In 1950 this institution was placed on the Attorney General’s list of Totalitarian, Fascist, Communist and Subversive Organizations.[40] During World War II Bick was also involved with the Jewish Committee for Assistance to Soviet Russia.[41]
R. Chaim Ozer Grodzinski in a 1923 letter refers to someone whom the communists called “the Bolshevik Rrabbi.”[42] R. Chaim Ozer speaks of him with contempt, and regards him as a phony. Yet this rabbi obviously had an audience, as R. Chaim Ozer writes as follows:
וגם בהיותם פה דרוש דרש כמה פעמים והי’ מטיף להתאחדות הסוחרים הקטנים ללמוד מלאכה, ובתוך הדברים הרבה להטיף בשבח הקומוניסטים ולהביא ראי’ מן התורה ומדברי חכז”ל לשיטתם.
Wouldn’t it be interesting to know whom R. Chaim Ozer was talking about? The reason we don’t know is because the editors of the volume have removed the name. Unlike the Chazon Ish’s letters, names are not generally removed in the letters of R. Chaim Ozer. Does the fact that in this case the name was removed mean that we are dealing with someone who is not an unknown figure, maybe someone who later regretted his actions and became a more conventional rabbi? I have no doubt that examination of the Yiddish press of the period would enable one to identify the figure pretty easily.
In fact, thanks to Zalman Alpert’s assistance, I suspect that R. Chaim Ozer was referring to R. Chaim Faskowitz. Faskowitz studied in Eishishok, Lida, Slobodka and Brisk. He then was a preacher in Vilna and later served as a rabbi in Star-Daragi and Minsk before going on Aliya. He was known as the “Red Rabbi” for his sermons supporting the Soviet Union.[43]
Yet for the best of all quotes in this regard, one which really needs to be unpacked, no one can do better than R. Kook (Shemonah Kevatzim 1:89-90):
הנשמה הפנימית, המחיה את השטה הסוציאלית כפי צורתה בימינו, היא המאור של התורה המעשית, במלא טהרתה וצביונה. אמנם שהשטה בעצמה עומדת היא באמצע גדולה, ואיננה יודעת עדיין את יסוד עצמיותה. אמנם ימים יבאו ותהי למוסר נאמן לאמץ התורה והמצוה, במלא שיגובם וטהרתם.
האנרכיה היא נובעת מיסוד יותר נעלה מהסוציאלי[ו]ת. איננה יסוד לתורה המעשית וקיומה, כי אם להדבקות האלהית, העליונה מכל מעשה וסידור חיובי. על כן היא עוד יותר רחוקה ממקורה, שהוא עומד רחוק מאד משפלות החיים של ההוה, מהסוציאליות, ובמצבה של עכשיו, ומצב החיים של ההוה, היא פרועה כולה, למרות הניצוץ האלהי הנשגב המסתתר בתוכיותה.
Regarding opposition to communism, the following interesting passage is found in Eliezer Zweifel, Sanegor (Warsaw, 1885), 164:
הרב הגדול ר’ יוסף חיים קרא אבד”ק וולאצלאוועק יאריך ה’ ימיו, אמר לי שלדעתו כנו חז”ל את כת הקומוניסטים בשם ע”ה, והם אותה האומרים כיס אחד יהיה לכולנו והכל יהיו עמלים לאמצע, וכמו שהממלכות שבימינו מוצאות אנשי הכת הזו להורסים שלום המדינה, ולמנתקים קשרי החבורה האנושית, כן הרחיקו חז”ל את החבורה המזקת הזו, ולפי דעתו השערתו זו מבוארת היא בדחז”ל עצמה, שהם ז”ל הגדירו תאר ע”ה בזה, באמרם בפרקי אבות, שלי שלך ושלך שלי עם הארץ ע”כ. הנה כללו את כל השטה הזו במלות קצרות, ע”כ.
Returning to Graubart’s Sefer Zikaron, it is actually quite a fascinating text and an important source for Orthodox history during the final days of Czarist Russia and the post-Revolution era. In addition, he includes letters from various rabbis and descriptions of numerous figures in East European Jewish life. He also records the following joke in the name of R. Solomon Zalman Lipshitz (1765-1839), the first chief rabbi of Warsaw (217):
מחבר “חמדת שלמה”, הרב מוורשה, כתב מכתב לרב אחד ויתיארהו בשם “גאון”. וכאשר נשאל: “מה ראה על ככה, הן האיש ההוא אין העטרה הולמתו”? השיב בבדיחות: “הלא הגאונים )אחרי רבנן סבוראי) לא ידעו מה שנאמר ברש”י ותוספות וכמוהם כמוהו איננו יודע. ואם כן, הוא משרידי “הגאונים” הקדמונים.
On the previous page, Graubart asks where the practice arose of addressing people with all sorts of elaborate titles that are a standard feature of the rabbinic literary world, especially in the introductory sections of letters. His answer is very interesting and also relates to the issue of sensual medieval Hebrew poetry, which I have mentioned in a few previous posts at the Seforim blog:
וקרוב לאמת, כי זאת השפעה מן הערביים, שהיו מספיקים בגוזמאות והפרזות, וכמו שחקו אותם משוררינו הספרדים לפנים בשירי יין ואהבה, אף שהמשוררים ההם שתו יין ארבע כוסות אחת בשנה ומעודם לא טעמו טעם חטא, ורק מודה ספרותית היתה בזה.
With regard to elaborate titles and the extreme respect generally shown to halakhic authorities with whom one disagrees, it is worth noting what appears in the recently published Or Bahir of R. Moses Samuel Glasner, concerning whom has recently been two posts on the Seforim blog (here and here). He writes (25):
הסיבה לזה הוא שבדורנו השפל האמת נעדרת, ואין מי שיתחמם בעבורה כבדורות שלפנינו, ולעומת זה גדלה החנופה, ובשלה פרי רעל לדבר אחד בפה ואחד בלב, ומלא הארץ חנף וצביעות בתוארים שונים מגוזמים ומופרזים המחרידים אוזן השומע ועין הקורא.[44]
As I mentioned, Graubart’s book is fascinating reading, but I think many will be upset by the reason he gives for the exclusion of women’s testimony in court (208):
להרוג נפש או להוציא ממון מבעליו, צריך עדות ברורה ואין לסמוך על דברי נשים, שטבען נוטה לדמיונות, הזיות וגוזמאות והן רפות רוח ורכות לבב; ויוכל היות כי מה שאומרות ומעידות שראו עיניהן, הן מרבין לשער אומדות.
To support this understanding he also quotes a few non-Torah sources. One is Josephus who wrote: “Let not the testimony of women be admitted, on account of the levity and boldness of their sex” (Jewish War 4:8). He also quotes Socrates who is said to have made three blessings every day, one of which was that he was not made a woman. The other two blessings were that he was not made a barbarian or a slave – sound familiar?[45]
(To those women who are bothered by the blessing shelo asani ishah, R. Zvi Yehudah Kook has the answer, but you will have to wait until Messianic days! [Ittturei Kohanim, no. 167 (5759), 4-5]):
[ ]הברכות נקבעו על פי ההרגשה האנושית היחסית . . . לעומת זאת, ההשקפה האלהית, האמת המוחלטת, אינה ענין של הרגשה חולפת, אלא האמת הנצחית מראשיתה ועד סופה. לעתיד לבוא, כאשר גם האדם יכיר את האמת, ויהיה כולו מבחינת “הטוב והמטיב”, לא יוכל לברך “שלא עשני אשה”, שהרי אז יכיר שבניינה של האשה יותר רם, יותר אלהי ופחות אנושי, ממצבו הוא.
Following this logic, what about all those men who even in pre-Messianic days don’t regard women as second class in any way? Shouldn’t they be able to dispense with the blessing as early as tomorrow morning?)
Graubart, 65, also notes that many great scholars make simple grammatical errors וכמעט שלשון .עלגים היא סימן ללמדנות
He then tells the following joke, in the name of the Hakham Zvi, which everyone can repeat at their Passover seder.
רבים שואלים, בהגדה של פסח, למה מגנים ומחרפים את הרשע, על אמרו לכם ולא לו, הלא גם החכם אומר “אתכם” ולא “אותנו” – אך באמת, כונת החכם (הלמדן) הוא “אותנו” ורק מפני טרדתו בלמוד הגמרא והפוסקים הוא טועה בכנויים ומבטא “אתכם” תחת “אותנו” שלא בדקדוק, ואין לחשוד אותו כי בכונה אומר “אתכם”. לא כן הרשע שאיננו עוסק בגמרא, והוא מבעלי הדקדוק ויודע את ההבדל בין לכם ולו וב”דעת” שפתיו ברור מללו, אם הוא אומר “לכם” בכונה הוציא את עצמו מן הכלל.
Graubart also explains why Poland wasn’t blessed with the sort of great figures who were found in Lithuania, men who were able to be true rabbinic leaders and respond to problems as the times demanded. He places the blame with the Hasidim. In a passage that could well be written today (although it would then also have to include the contemporary Lithuanian “courts”) Graubart writes (173):
אבל “רבי החסידים”‘, אשר שפכו את ממשלתם על ההמון, קצצו את כנפי הרבנים ולא נתנו להם להרים ראש ולהראות פעלם והדרם. מפני הרביים רפו ידי הרבנים ולא יכלו לעשות תושיה; ואמת נתנה להגיד, כי לא את הרבי היו יראים לעשות דבר, אך מפני בני הרבי וחתניו, והגבורים שומרי משמרת החצר, השוקלים ומודדים את המעשים והפעולות, אם הם מתאימים עם שיטתם ומטרתם הם, והם אשר נתנו חתיתם על הרבנים ומוראם עליהם, כי כל דבר לא יבצר מהם לכבוד שמים, היינו לכבודם ולכבוד בית אביהם. ומי יקשה אליהם וישלם? והרבנים שפטו, כי אם יפרוץ סכסוך בינם לבין חצר הרבי, אז אף אם לא יהי הנצחון על צד השני, ולא ידיחום משאתם, אבל – הלא תהי מריבה בישראל, וגדול השלום.
Among the ideas of new Masoret ve-Herut organization Graubart helped organize was to open new schools (gymnasiums) where all the Jewish studies would be taught in Hebrew, and also to teach secular studies. Graubart tells us that the Lubavitcher Rebbe, R. Shalom Dov Ber Schneersohn, was opposed. This aroused the anger of R. Itzele who declared that anyone who opposes the approach of Masoret ve-Herut is destroying the nation. Graubart then tells us about his own dealings with the Lubavitcher Rebbe, and reveals a little known historical fact that certainly will never appear in any Lubavitch historical literature (120-121):
הגדתי לו, כי אחשוב שאינו יודע כי רוב אנשי חסידיו, היושבים בערים הגדולות, שולחים את בניהם ובנותיהם לבתי ספר העמים ומחללים שבת. וכאשר שאלני: “מנין אתה יודע, שאין אני יודע זאת?” עניתיו: “אם כן יגדל התמהון יותר; מדוע אתה מתנגד לגימנזיות עבריות, אשר תהיינה תחת השגחת חרדים?” ויחשה ולא ענה דבר.
The approach of the Rebbe is not surprising, and a similar thing occurred in Lithuania where, as R. Dessler explained, the rabbinic elite was prepared to see many “go off the derekh” rather than institute any changes in the “Torah-only” approach that dominated in yeshivot.[46]
Yet Graubart’s own approach is seen in the following, which shows his more enlightened Orthodox perspective (98):
התורה קוראת תגר: למה כל הרופאים והסוללים [47] היהודים אינם שומרי דת? בשום אופן אין אנו מודים, כי מי שהוא מתפלל ומניח תפילין, אי אפשר לו להיות רופא אמן, וכי המדקדק בשמירת שבת ובאכילת בשר כשר, לא יהיה למהנדס ותוכן; כל העבר שלנו מעיד נגד זה: רב סעדיה גאון, רמב”ם, רמב”ן, ר’ אברהם זכות, אברבנאל, ר’ יש”ר, ר’ מנשה בן ישראל, יתנו עדיהם כי לא בחלול שבת – פילוסופיה ותכונה – ולא באכילת טרפה – חכמה הרפואה.
His description (55) of his interaction with R. Joseph Rozin is also worth quoting, as it is line with so many other portrayals of the Rogochover, especially that of Rav Tzair in his Pirkei Hayyim.
הוא איש מופת יחיד בדור (וגם בדור ודור) יודע את כל תלמוד בבלי וירושלמי רש”י תוספות ורמב”ם בעל-פה. מן הראשונים הוא מחזיק לאוטוריטטים רק את רש”י ורמב”ם. הוא מכיר היטב את ערך עצמו ומבטל את גדולי הדור, מזכירם בשמם בלי תואר “רבי” ואיננו חושש להוציא עליהם משפט, שאינם יודעים את התורה כלל . . . הוא איש טוב ותמים כילד: שוקד על למודו תמיד; בהוויות עולם איננו בקי. חסידי לובוויץ מפרנסים אותו, ולא בהרחבה כראוי לשר התורה כמוהו, כי ראיתי כלי ביתו מעטים וקלי-ערך.
Notes
[1]Teshuvot Maharashdam, Orah Hayyim no. 37:
שחמשה או י’ אנשים חשובים עולים לאלף בין מצד החכמה ובין מצד העושר כי העושר קרוב למעלת החכמה . . . שמה שאמרו רוב הוא רוב טובי העיר בעלי כיסים הם מה שנקראים רוב אפי’ הם מיעוט בערך דלת העם מ”מ הם הנקראים רוב . . . והעיק’ לילך אחר רוב מנין כשיהיו רוב בנין דאז ודאי לא יבחרו אלא האמת והיושר משא”כ ברוב ההמון
[2] Note how de Medina is arguing from Aggadah to prove a halakhic point, a fact already discussed by Menachem Elon, “Modes of Halakhic Creativity in the Solution of Legal and Social Problems in the Jewish Community” (Hebrew), Yitzhak F. Baer Memorial Volume [= Zion 44] (1979): 259ff. Since Aggadic sources and darshanut can be easily manipulated to say what one wants, do we not really have here an early version of Daas Torah? The only real difference between the modern exponents of Daas Torah and the earlier ones seems to be that the earlier authorities felt the need to support their opinions, which they came to based on logic and intuition, with Scriptural and Aggadic proofs. The modern exponents often feel no need to offer any justification of their views.
[3] Translation in Menachem Elon, “On Power and Authority: The Halakhic Stance of the Traditional Community and Its Contemporary Implications,” in Daniel J. Elazar, ed., Kinship and Consent: The Jewish Political Tradition and Its Contemporary Uses (Washington, D.C., 1983), 309.
[4] Orah Hayyim, no. 20.
[5] R. Shabbetai Hayyim strongly supported de Medina’s approach. See Torat Hayyim, vol. 2, no. 40.
ופוק חזי בעירנו זאת שאלוניקי עיר ואם בישראל מימי קדם בימי איתני גאוני עולם, הממונים המפקחים על ענייני צבור הם העשירים מביני מדע בעצת החכמים השלמים, ואינם משגיחים על דברי רוב רובי דלת העם, והדעת נותן כן שהרי רוב ענייני הצבור הם בהוצאות ופרעונות ולראות ולדקדק להוציא בעת הצורך ובמקום הצורך שלא יצא הממון לאיבוד, ומי יחוש על זה לכוין ולדקדק חוץ מהם שמוציאים הממון.
Yet this opinion was not unanimous, and the poor found at least one defender in R. Isaac Adarbi, de Medina’s Salonikan colleague. According to Adarbi, only in matters concerning outlay of money do the wealthy have authority. In other matters there is no such discrimination. In line with this understanding, he comes to the defense of a community that ousted its parnasim who were ruling in a dictatorial fashion and not responding to the needs of the poor. See Divrei Rivot, Yoreh Deah, no. 224.
[6] See Zikhron Yaakov, vol. 2, p. 196:
אני קורא מגילת איכה, חורבן בית המקדש, אינקוויזיציות ופוגרומים, משא נמירוב, כל הצרות והפגעים שעמדנו בהם כאין נחשבו נגד גזרת הקנטאָניסטין
[7] See Zikhron Yaakov, vol. 1, 122f
[8] R. Barukh Epstein describes how his grandfather stood up to the chappers. See Mekor Barukh, vol. 2, 964ff. I see no reason to doubt the general thrust of his story, although, as is often the case with regard to Esptein, fictional details have no doubt been added to create a better story. Hayyim Karlinsky, Ha-Rishon le-Shoshelet Brisk (Jerusalem, 2004), 214ff., has a long description of how R. Joseph Baer Soloveitchik (the Beit ha-Levi) also stood up to the communal leaders and demanded to know why only the poor kids should be taken. Regarding the future Torah scholars, see ibid., 217: תועבה נעשתה בעיר סלוצק למסור לעבודת הצבא בן-תורה שעתיד להיות גדול בישראל. As with Mekor Barukh, I see no reason to doubt the basic story Karlinsky presents, but this book – which the author tells us in the preface took him over forty years to write – also has all sorts of fictional details added for literary purposes. One might even say that Epstein, Karlinsky and Judah Leib Maimon, the author of Sarei ha-Meah, are midrashic writers, in that they take a story and elaborate on it, thus creating a nice tale that keeps the reader’s interest. While the original story would leave many things unexplained, the midrashic “historian” provides the answers. For Yehoshua Mondshine’s attack on Karlinsky’s reliability, see here.
In “Polmos ‘ha-Rabbanim ve-ha-Shohetim’ be-Harkov,” Zekhor le-Avraham (1999), 383 n. 10, Mondshine writes the following about Karlinsky’s book:
מבחינת ערכו לתיאור ההיסטוריה, משתווה ספר זה לספרים “מקור ברוך” ו”שרי המאה”, שכל דמיון בין המתואר בהם לבין המציאות הוא מקרי בהחלט.
[9] Larry Domnitch, The Cantonists: The Jewish Childrens’ Army of the Tsar (Jerusalem, 2003), 70.
[10] Ibid., p. 127.
[11] Tsar Nicholas I and the Jews. The Transformation of Jewish Society in Russia 1825-1855 (Philadelphia, 1983), 29.
[12] Ibid., p. 33.
[13] See Malkah Peles (Maisler) Va-Yehi ([Haifa], 1988). I thank Dr. Amihai Mazar for sending me the relevant pages from this privately printed volume. Weinberg was a cousin of the Mazar (Maisler) family (famous for its archaeologists).
[14] See my Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884-1966 (London, 1999), 4.
[15] Ha-Peles 2 (1902): 49ff.
[16] R. Samuel Landau and the Hatam Sofer opposed this approach and believed that that all should be included in the lottery when the community was required to meet a draft quota. (The one exception to this statement is that the Hatam Sofer states that Torah students must be exempted.) See Judith Bleich, “Military Service: Ambivalence and Contradictions,” in Lawrence Schiffman and Joel Wolowelsky, eds., War and Peace in the Jewish Tradition (New York, 2007), 423 (called to my attention by Menachem Butler).
[17] Israel Zinberg, A History of Jewish Literature, vol. 6, pp. 218-219.
[18] See here
[19] See here.
[20] Im Hillufei Tekufot (Jerusalem, 1960), 225.
[21] Volumes 1 and 2 of this set have recently been reprinted. See here.
[22] R. Isaac Bunin, Hegyonot Yitzhak (New York, 1953), no. 2, has a fascinating responsum from 1908, when he was a rabbi in Russia. This was the era of anarchist communists terrorizing the population for “contributions” to the cause. It was this circle that gave us the slogan “From each according to his means, to each according to his needs.” One man decided to shoot the anarchists the next time they came to his town, and the question for Bunin was if he is also permitted to shoot them on Shabbat. The rabbi decided in the affirmative.
[23] Although he is entirely forgotten today, during his lifetime Burstein was regarded as one of the Torah world’s top scholars. Nathan Kamenetsky, Making of a Godol: A Study of Episodes in the Lives of Great Torah Personalities (Jerusalem: Hamesorah Publishers, 2002), 400, quotes a source that “he was considered the third-greatest rosh yeshiva of his time – after R. Hayyim Soloveitchik and R. Itzel Ponivezher.” When R. Jehiel Jacob Weinberg was asked in 1925 about the problem of Austritt, he recommended that his questioner turn to a few different East European gedolim, one of whom was Burstein. See Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 2, 235 (In this letter, Weinberg states that R. Meir Simhah of Dvinsk is a גדול-הדור באמת.) Towards the end of his life, Burstein went on aliyah and taught at Merkaz ha-Rav. His Ner Aharon is currently sold by the yeshiva. See here. Burstein’s son was Reuven Barkat, an important Labor party figure in Israel who also served as speaker of the Knesset. See here
[24] Sefer Zikaron (Lodz, 1926), 107.
[25] See R. Avraham Shapira, Morashah (Jerusalem, 2005), 15.
[26] Mark writes . לר’ איצל היה צער גידול בנים ולא שבע נחת מבניו This is a polite way of saying that his sons did not remain Orthodox, which was a very common phenomenon in those days.
[27] Mark, Bi-Mehitzatam, 118, claims that R. Itzele concluded his speech at the Moscow gathering by stating that the government should only be able to remove property from landowners if payment was made, but this is not what appears in Graubart’s record of his speech and I don’t believe it is correct.
[28] R. Joseph Elijah Henkin used this logic in his defense of rent control laws, which are a terrible intrusion into the rights that a landlord has over his private property. R. Henkin wrote as follows, unfortunately falling into some Democratic class warfare rhetoric (Kitvei ha-Gaon R. Yosef Eliyahu Henkin, vol. 2 [New York, 1980], 175):
חוק הדירות של הממשלה הוא ישר, מתוקן ומקובל בפרט בערים הגדולות, כי הוא מכוון נגד מפקיעי שערים ופושטי עורות עניים. ואף שלפעמים נראה כעול נגד בעלי בתים שאינם עשירים, הנה כן דרך החוק שלפעמים נפגע ביושר ואזלינן בתר רובא. ומה שהחק מפלה בין דירות עניים לבתי לוקסוס אינו מגרע כח החק אלא מעדיפו ומטהו אל צד היושר, וכן מה שהחק משתנה מזמן לזמן.
For a recent attempt by rabbis to enforce a rent control scheme, see here, here, and here. There is an inverse proportion between these rabbis’ talmudic knowledge and their knowledge of economics and what drives markets.
[29] Jody Myers has recently published an entire book about the Kabbalah Centre. See Kabbalah and the Spritual Quest: The Kabbalah Centrein America (Westport, 2007).
[30] See Jacob J. Schacter, “Reminiscences of Shlomo Barukh Rabinkow,” in Leo Jung, ed., Sages and Saints (Hoboken, 1987), 102, 106.
[31] There was one time, however, when he broke ranks with them and this created some controversy. When the divorce rates in the Orthodox world began to move up, R. Bick publicly declared that a few dates were not enough to determine that one had found one’s life partner and people should therefore should stop hurrying to get engaged but take more time to get to know each other better.
[32] Dan Rabinowitz, “Mayim Hayyim, the Baal Shem Tov, and R. Meir the son of R. Jacob Emden,” the Seforim blog (January 29, 2008), available here.
[33] See here
[34] “Glowing Embers: Maintaining Religious Life in the U.S.S.R.,” Tradition 24:1 (Fall 1988): 91-103.
[35] Bick and Zvi Harkavy, eds., Shomrei ha-Gahelet: Divrei Torah me-et Rabbanei Berit ha-Moatzot ve-Artzot ha-Demokratyah ha-Amamit (Jerusalem, 1966).
[36] Netser mi-Shorashav: Motsa’o ve-Olamo ha-Yehudi shel Karl Marx (Tel Aviv, 1984). See also his Me-Rosh Tzurim: Metaknei Hevrah al Toharat ha-Kodesh: Shalshelet ha-Yuhasin shel Avot ha-Socialism (Jerusalem, 1972), and “Between the Holy Ari and Karl Marx” (Hebrew), Hedim 110 (1980): 174–181. I don’t have access to the volume at present, but in Shvut 7 (1980), Bick also has an article on the Jewish roots of various communist figures.
[37] Grunt-Printsipn fun Religyezn Sotsyalizm (New York, 1938), Kemper un Hiter: Di Sotsyaletische Idee in der Yidisher religyezer Literatur un Lebn (New York, 1940).
[38] See here
[39] See here
[40] See here and here

[41] See here

[42] Iggerot R. Chaim Ozer, vol. 2, 69.
[43] See David Tidhar,Entziklopeyah la-Halutzei ha-Yishuv u-Vonav, 1875.
[44] Just glancing through the book, I also found a fascinating passage on p. 31. Here Glasner daringly suggests that the reason for keeping kabbalistic considerations out of halakhic decision-making – and he is referring specifically to a pesak of R. Hayyim Halberstam – is that it permits non-halakhic subjectivity to enter the halakhic process.
ומי שמכוון פסקיו לחכמת הקבלה, מי יודע איזה רעיון קדמה בזמן. ואם הוא מופשט מן החומר וקרוב לשמים ואדוק בעולמות העליונים קרוב לודאי שרואה תחילה בסוד אלקי, וממילא משוחד הוא לכוון ולהתאים הנגלה להאי סוד שראה. לכן לאו דסמיכנא הוא מהאי טעמא גופא.
For a discussion of R. Halberstam’s perspective on the role of Kabbalah on halakha, see Iris (Hoyzman) Brown, “Rabbi Hayyim Halberstam of Sanz: His Halakhic Ruling in View of His Intellectual World and the Challenges of His Time,” (PhD dissertation, Bar-Ilan University, 2004), 162-164 (chap. seven).
[45] See Martin Hengel, “The Interpenetration of Judaism and Hellenism in the pre-Maccabean Period,” in W. D. Davies and Louis Finkelstein, eds., Cambridge History of Judaism (Cambridge, 1989), 184. R. Aharon Lichtenstein commented that some people, upon learning of Socrates’ blessings and the corresponding Jewish blessings, will find that their attitudes towards the latter are “undermined.” He continues: “A different mentality could of course, as did Newman analogously, revel in the scope of its tradition’s prevalence – even if, as with respect to gender here, for radically different reasons – and not feel threatened at all.” See “Torah and General Culture: Confluence and Conflict,” in Jacob J. Schacter, ed., Judaism’s Encounter with Other Cultures: Rejection or Integration (Northvale, 1997), 278. I am certain that R. Lichtenstein knows that there are indeed voices in the “tradition” that approximate the common Greek view of women. R. Lichtenstein is in general opposed to positing outside influences on Hazal’s outlook. See, for example, the following (“Of Marriage, Relationship and Relations,” in Rikvah Blau, ed., Gender Relationships In Marriage and Out [New York, 2007], 23):
To be sure, post-Hazal gedolim, rishonim, or aharonim may be affected by the impact of contact with a general culture to which their predecessors had not been exposed and to whose contact and direction they respond. Upon critical evaluation of what they have encountered, they may incorporate what they find consonant with tradition and reject what is not. In the process, they may legitimately enlarge the bounds of their hashkafa and introduce hitherto unperceived insights and interpretations.
Note how outside influence upon Jewish thought is limited to the post-Hazal era. While this may be good theology, and in some circles is even viewed as obligatory, it is certainly bad history. To mention only one example, Yaakov Elman’s groundbreaking work is revealing all sorts of influences that provide us with a completely new picture of talmudic law and thought. See Yaakov Elman, “The Babylonian Talmud in Its Historical Context,” in Sharon The Talmud in Translation” in Sharon L. Mintz & Gabriel M. Goldstein, eds., Printing the Talmud: From Bomberg to Schottenstein (New York: Yeshiva University Museum, 2005), 19-27; now available online here.
[46] Mikhtav me-Eliyahu, vol. 3 (Jerusalem, 1963), 355ff.
[47] I have no idea what this word means, but it clearly refers to some white-collar profession.