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Foie Gras “Fake News”: A Fictitious Rashi and a Strangely Translated Ethical Will

Foie Gras “Fake News”: A Fictitious Rashi and a Strangely Translated Ethical Will
by Ari Z. Zivotofsky
Controversial topics can sometimes lead to contrived sources, i.e. fake news. That is certainly true with the effort by vegetarians to find traditional sources to support their position. In the past I have shown how a booklet claiming Judaism supports vegetarianism was full of misquotes (here here ) and how a “quote” of the Rema was fabricated ( here ). Here I will expose two fake quotes that have been used by vegetarians in the battle against foie gras.
Foie gras (pronounced “fwä-grä, meaning “fat liver” in French) is the fattened liver of a waterfowl that grew to 5-10 times its usual size due to gavage. Foie gras, a delicacy today rightly associated with the French who are indeed by far the largest producers and consumers of it, was for much of history an Ashkenazi Jewish expertise. This luxury item has been the subject of a great deal of controversy in recent years. Until its production was banned in 2003 by the Supreme Court, Israel was one of the leading producers in the world. Within the last year, kosher foie gras has begun to be produced in the US for the first time in history.
The issue driving the current debate is animal welfare, or in the Jewish world, tza’ar ba’alei chaim. For hundreds of years, in traditional Jewish sources “stuffed goose” was indeed controversial, but not because of animal welfare. The debate revolved around potential treifot due to possible damage to the esophagus caused during the feeding process. it was a widespread debate involving the greatest of authorities. The Rema (YD 33:9) notes that in his town they would stuff geese to make schmaltz and they would check the veshet of each bird. Rav Yoel Sirkis (Bach, YD 33) was in favor of banning force feeding because of this potential serious problem. The Aruch Hashulchan (YD 33:37) says they did not do force feeding in his town. The Chochmas Adam (16:10) preferred to ban the gavage process because of the concern for treifot of the veshet, but agreed that if done, it could potentially be kosher. In modern times the Tzitz Eliezer (11:49, 11:55, 12:52) and Rav Ovadia Yosef (Yabia Omer 9:YD:3) came out against foie gras, while Rav Yosef Shalom Elyashiv was reported as approving the foie gras that was being produced in 2005. The most famous posek to permit stuffed geese was the Chasam Sofer (2:YD:25; Chullin 43b).

Despite the centuries long debate, force feeding geese was extremely common among Ashkenazic Jews. Many of the greatest poskim lived in regions where they would have been personally exposed to the process and yet none of them ever suggested that it was cruel and bordered on tza’ar baalei chaim. The issue was not even raised for discussion until the late 20th century. The only place tzaar ba’alei chaim is mentioned in the context of fattened geese is in the opposite direction – the rabbis were aware that geese used to being fed in this manner would not eat any other way and thus, out of concern for tza’ar ba’alei hayyim, permitted, with certain stipulations, gavage for these geese on Shabbat (Mishna Berurah 324:27). This is as opposed to other chickens and geese, for which this is not permitted.

Despite efforts by some to demonstrate that force feeding geese is cruel and was recognized as such by Jews in previous generations, it’s a common misunderstanding based on a mistranslation that seems to defy explanation, and one of these situations where people keep repeating an error because they didn’t examine the primary source. In contemporary Jewish anti-foie gras literature, two “quotes” are regularly bantered about, even by scholars. One is a “quote” from Rashi and the other from a 14th century ethical will.

Both quotes can be found in the book “The Foie Gras Wars: How a 5,000-Year-Old Delicacy Inspired the World’s Fiercest Food Fight” (2011) by Chicago Tribune reporter Mark Caro. On p. 26 he writes:

“Rashi interpreted the tale to mean that Jews would have to face the music ‘for having made the beasts[geese] suffer while fattening them’.”

And on p. 26-27 he writes:
“In a 14th-century ethical will, a dying man, Eleazar of Mainz, instructs: “‘Now, my sons and daughters, eat and drink only what is necessary, as our good parents did, refraining from heavy meals, and holding the gross liver in detestation’.”
The comment of Rashi sounds like it may indeed be a condemnation of fattening geese. It turns out that Rashi never wrote any such thing. First, the source for this “quote” is Bava Basra 73b and as is well known, on 29a of Bava Basra of our printed texts, there is a note in bold letters in the Rashi column that says: “until here is the commentary of Rashi zt”l, from here on in is the commentary of Rabbeinu Shmuel ben Rav Meir”, ie Rashbam. The first error is therefore that the comment was not written by Rashi but by his grandson. 

Nonetheless, even if Rashbam had written that, it would be of significance. But he didn’t.

The comment was made on the 10th of the fantastic, esoteric tales of Rabbah bar bar Chanah. The story is:
תלמוד בבלי מסכת בבא בתרא דף עג עמוד ב
ואמר רבה בר בר חנה: זימנא חדא הוה קא אזלינן במדברא, וחזינן הנהו אווזי דשמטי גדפייהו משמנייהו וקא נגדי נחלי דמשחא מתותייהו, אמינא להו: אית לן בגוייכו חלקא לעלמא דאתי? חדא דלי גדפא, וחדא דלי אטמא. כי אתאי לקמיה דרבי אלעזר, אמר לי: עתידין ישראל ליתן עליהן את הדין.

Rabbah b. Bar Hana also related: We were once travelling in the desert and saw geese whose feathers fell out on account of their [excessive] fatness, and streams of oil [fat] flowed under them. I said to them: ‘Shall we have a share of your [flesh] in the world to come?’ One lifted up its wing, the other lifted up its leg. When I came before R. Elazar he said to me: Israel will be held accountable because of them.

Commenting on the last line, Rashbam commented:
רשב”ם מסכת בבא בתרא דף עג עמוד ב
ליתן עליהם את הדין – שבחטאתם מתעכב משיח ויש להם צער בעלי חיים לאותן אווזים מחמת שומנן.
According to the Rashbam, the Jews are responsible for the suffering of the geese in that the geese had to live extra-long with unnatural fat because the Jews sinned and thereby delayed the coming of the Messiah and the slaughtering of these geese. The Rashbam was discussing a fanciful story involving the suffering of mythical geese whose feathers fall out and whose fat drips off of them, i.e. who were clearly suffering and are different from a typical goose. Such geese he suggests may suffer due to their excessive fat. He makes no mention of the fattening process and says nothing about any suffering during that process or about the suffering of geese that his Jewish neighbors were raising.
And how about the ethical will? Hebrew Ethical Wills (JPS Library of Jewish Classics) (English and Hebrew Edition) [1976], Israel Abrahams (Editor), Judah Goldin (Foreword) is a facsimile edition of the 1926 original. Beginning on p. 207 is “The Ideals of an Average Jew (Testament of Eleazar of Mayence)” and on p. 212 it indeed says: “Now, my sons and daughter, eat and drink only what is necessary, as our good parents did, refraining from heavy meals, and holding the gross liver in detestation.” 

From this it is not at all clear why liver should be so disliked, and it is certainly not obvious that he is talking about foie gras. It could be that he simply abhors liver (perhaps because, as Chazal note, it is full of blood). In an effort to better understand, I looked on the other side of the page, at the Hebrew text. And what a shock! It seems that when Israel Abrahams (Reader in University of Cambridge and a Senior Tutor at Jews’ College) translated this text he used some poetic license, likely never suspecting it would be then adopted by the anti-foie gras activists. Here is what the Hebrew found in Abrahams says:
בניי ובנותי פחותו נא מאכילה ושתייה רק כדי צורך. ואל תבזבזו ממון לאכילה ולשתייה. כן היו אבותינו החסידים אוכלים כדי הצורך ולא אכילה גסה ולמלאות כריסן. להיות כל ימיהם כחוש.
No mention whatsoever of liver! It appears that it is not an actual translation. It seems strange that Abrahams fabricated the liver in the English. He says the translation was made on the basis of two Hebrew texts. Maybe he translated straight off of them and the Hebrew in his edition is not accurate. The first is a text that is based in a Munich MS and appears on Moritz Güdemann’s Quellenschriften (Berlin, 1891, reprinted by Philo Press in 1968).

There on p. 296 one finds an almost identical text:
בניי פחותו נא מאכילה ושתייה רק כדי צורך ואל תבזבזו ממון לאכילה ולשתייה. כן היו אבותינו החסידים אוכלים כדי הצורך ולא אכילה גסה ולמלאות כריסן להיות כל ימיהם כחוש
The other manuscript is Bodleian MS cat Neubauer No. 907, fols. 164a-166a (not 166b as Abrahams erroneously wrote) and the relevant section is at the top of 165a (I thank Ezra Chwat for his assistance in obtaining this ms.). As can be seen the text is identical to that found in the Abrahams’ book. 
There seemed to be a final possibility. In his introduction, Abrahams notes that a previous translation, into German, had appeared in the journal Jüdische Presse, Berlin 1870, p. 90.

The journal is available here (I thank Sharon Liberman Mintz for finding that link for me). In issue 11 (Sept 9, 1870) a translation appears on the 6th and 7th page of the issue, pages 90-91 of the volume, as can be seen in the figure below.
However, it is only a translation of the first half of the will, ending just before the relevant section. It says that it was to be continued, but unfortunately that was the first year of the journal and the next issue (12) is missing (as are several others such as 3, 7, 9, 10) from the digitized microfilm at that website and I have been unable to locate it in any Israeli library. the translation until that point seems to be accurate and it is hard to ascribe the insertion of the liver to the German translator (I thank Rabbi Dr. Seth Mandel and Prof Michael Segal for assistance with the German).
It thus seems clear the liver was inserted into the English transition for some inexplicable reason, but certainly does not appear in this 14th century ethical will.
Once an author is convinced of the authenticity of the sources they often embellish. In the academic work, Food and Morality: Proceedings of the Oxford Symposium on Food and Cookery (2007) edited by Susan R. Friedland, there is a chapter called the foie gras fracas: sumptuary Law as Animal welfare? By Cathy K. Kaufman, a scholar-chef and Adjunct Chef-Instructor, Institute of Culinary Education, in New York City.
On p. 126 she writes: 

“The best written evidence for the medieval production of foie gras – and its ambiguous moral status – is found among the writings of the Ashkenazi Jews who spread throughout Europe. Rabbi (sic) Rashi ……”

But in fact we have shown that among the Jewish writings there is ZERO evidence regarding any ambiguous moral status!
Even the well-known American cookbook author Joan Nathan couldn’t avoid this pitfall. 
Recently, in her King Solomon’s Table: A Culinary Exploration of Jewish Cooking from Around the World (2017) on p. XXI she wrote: 

“Rashi was a thinker who knew both religion and agriculture. He condemned, for example, the force-feeding of geese to produce foie gras ….”.

In 2013, an article in Moment magazine (here) stated: 

“More complex, however, were the ethical questions. In the 11th century, the French scholar Rashi warned Jews against the force-feeding practice, “for having made these beasts (geese) suffer while fattening them.” This went against Jewish law prohibiting tza’ar ba’alei chayim, suffering to animals, although some rabbis claimed that since none of the geese’s limbs were harmed and the geese did not feel discomfort in their throats, foie gras was not treyf, or forbidden. Other rabbinic scholars suggested that it is only permissible to inflict pain on an animal when the benefit of doing so is significant; since there are no real nutritional benefits to foie gras, the process of force-feeding was questionable.”

One can only wonder who these “some rabbis” and “other rabbinic scholars” were who argued with this non-existent Rashi!
The book that is the source for many of these other articles is the beautiful coffee-table book Foie Gras: A Passion (1999) by Michael Ginor and Mitchell Davis. Ginor, an American who spent two years in the IDF and while in Israel discovered foie gras, co-founded, co-owns, and is President of NY based Hudson Valley Foie Gras and New York State Foie Gras, the most comprehensive foie gras producer in the world. His book is an absolutely comprehensive book on everything one could possibly want to know about foie gras. And there on p. 11 he quotes the non-existent Rashi and on p. 12 the English version of the strangely translated ethical will. I have no idea where he found those two quotes that have today become so common in the vegetarian literature. 
The fact that all one has to do is look in the Hebrew originals to see that these quotes are fake news, explains why they are found in English sources and I have not yet found them in any of the Hebrew works on animal rights.



Mayer I. Gruber — How Did Rashi Make a Living?

How Did Rashi Make a Living?[1]

Mayer I. Gruber

Professor in the Department of Bible Archaeology and the Ancient Near East

Ben-Gurion University of the Negev, Beersheva, Israel

It has long been taken for granted that Rashi engaged in viticulture, which is to say, the cultivation of vineyards and the preparation and sale of wine made from the grapes he cultivated.[2] However, in 1978 the question of how Rashi made a living was reopened by Haym Soloveitchik.[3] Indeed, Soloveitchik asserted: “Indeed the presumption is against anyone being a winegrower in Troyes. Its chalky soil is inhospitable to viticulture. . . .”[4] Soloveitchik went further and declared, “Rashi may nevertheless have been a vintner; but by the same measure he may have been an egg salesman.”[5]

Since, on the face of it, Soloveitchik had declared that being a vintner, i.e., a cultivator of vineyards, and being an egg salesman were equally plausible careers for Rashi, notwithstanding Soloveitchik’s unequivocal declaration that the soil of Troyes was “inhospitable to viticulture,” it seemed worthwhile to me to explore three questions. These were 1) Rashi’s association with eggs; 2) the plausibility and implausibility of viticulture in Rashi’s vicinity; and 3) alternative careers for Rashi in view of the alleged inhospitability of Rashi’s native city of Troyes to viticulture.

Eggs

A perusal of the published responsa of Rashi reveals that, in fact, eggs were a favorite in Rashi’s diet. Rashi’s famous disciple Shemayah[6] tells us that on more than one occasion he had seen that Rashi was served grilled meat[7] or fried eggs with honey.[8] The latter delicacy was called in Old French ab-bstr.[9] Moreover, Shemayah informs us that Rashi was wont to pronounced the berakhah shehakkol ‘by whose will all things come into being’ and consume these foods prior to beginning the meal with washing of the hands and the berakhah over bread.[10] Shemayah explains that Rashi informed him that the reason he did not wash his hands and recite ha-motzi over bread before eating eggs fried with honey is as follows: “This is much more enjoyable to me than bread, and I like bestowing my benedictions to laud my Creator with respect to [the food that I love].”[11]

What this halakhic text tells us about Rashi and eggs is that fried eggs mixed with honey were among his favorite foods, which he enjoyed so much that he ate them as an appetizer before the meal itself which began with the washing of the hands and ha-motzi. Fried eggs mixed with honey[12] were among the food items for which Rashi had no patience to wait. Notwithstanding Rashi’s enjoyment of fried eggs, neither this text nor any other text so far published intimates that Rashi was engaged in either the retail or wholesale trade in eggs. On the contrary, the following responsum demonstrates that Rashi received eggs and other edible products for his personal consumption from others:

It happened to me, Solomon ha-Yitzhaqi. A Gentile sent me cakes and eggs on the eighth day of Passover. The Gentile entered the courtyard and called to my wife, and my wife sent a messenger to the synagogue. Thereupon, I gave instructions to keep the eggs in a corner until the evening. In the evening [after the end of Passover] I permitted their use allowing the amount of time that it would have taken [to bring them to my house had they set out for my house after the this time [when the holiday had already ended].[13]
Cows and Sheep

Several of Rashi’s responsa suggest that he and other Jewish residents of Troyes from time to time owned pregnant cows and ewes.[14] None of these texts accounts suggest that either Rashi or the other Jews mentioned in these responsa owned herds of cattle or flocks of sheep. The one cow or sheep was probably the family’s source of dairy products. In each of the recorded instances Rashi advised divesting oneself of ownership in favor of a Gentile so as to avoid being subject to the mitzvah of redeeming the firstborn male of a cow or ewe, a mitzvah which cannot be accomplished in the absence of the Temple (see Deut. 12:6, 17: 14:23). In the one instance where one of Rashi’s Jewish neighbors made the mistake of acquiring and slaughtering for meat a firstborn lamb born of a ewe of which the Jew was legal owner, Rashi decided that the only recourse was to bury the slaughtered lamb half on Rashi’s property and half on the other Jew’s property so that the act of burying all that meat would be less conspicuous and the Jews would not be suspected by their neighbors of engaging in some kind of witchcraft.[15]

According to Rashi’s own testimony he acquired and ate eggs. To date, however, there is no evidence that he was an egg salesman. Likewise, on more than one occasion Rashi owned a cow or a sheep. However, owning an occasional cow or sheep did not make Rashi into a rancher or a cowboy. Likewise, numerous testimonies both in his response as well as in his commentary to Babylonian Talmud, Shabbat 18a and in his biblical commentary on Jer. 25:30 to Rashi’s familiarity with the details of wine production do not prove that Rashi actually cultivated vineyards either for private use or for commercial purposes.[16] As argued by Soloveitchik, all the texts bearing upon Rashi’s familiarity with wine production serve only to demonstrate that, in fact, the Jews of Troyes in Rashi’s era had to produce their own wine because halakhah prohibited Jews from consuming wine produced by Gentiles.[17]


Wine barrel with Rashi’s seal

The reference in a responsum by Rashi to a wine barrel that bore Rashi’s seal[18] does not necessarily make Rashi a commercial producer of either grapes or wine any more than does his ownership of a pregnant cow make him a cowboy. On the other hand, another responsum by Rashi refers to a Jewish borrower who pledged a vineyard as collateral for a loan.[19] The latter text is one of a number of texts[20] which suggest that Soloveitchik may have gone too far in arguing that one of the reasons that Rashi could not have been a vintner is that the region in which he lived could not support viticulture.[21]

So how then did Rashi make a living?


In the conventional presentation of Rashi’s biography[22] Rashi is assumed to have been a vintner by profession and the head of an academy of Jewish learning as an avocation. However, when Baron so described Rashi, the corpus of Rashi’s Responsa had not yet been published by Elfenbein.[23] The facts, which can be culled from examination of the responsa, hardly portray Rashi as an amateur rabbi/scholar or his yeshivah as a hobby.

In fact, the conventional presentation of Rashi’s biography also fosters the widely accepted notion that religious instruction, the study of sacred texts whether from a historical, halakhic, or a theological perspective, whether in the university, the yeshivah, the modern rabbinical seminary, the Jewish day school, or seminaries for teachers, or wherever, is or should be essentially a leisure activity. Careful reading of Rashi’s responsa for what they tell us about daily life among Rashi and his disciples reveals that Rashi himself succeeded by his very professionalism in his very careful and by no means subtle design for making his yeshivah an intellectual and spiritual center for all of world Jewry and indeed, for all persons both friendly and hostile, who wished to understand the Torah.

Rashi as Gaon

It is no accident therefore that Rashi’s yeshivah was called Yeshivat Geon Yaakov “the Yeshivah of the Glory of Jacob,” the official name of the academy that still functioned in Baghdad in Rashi’s time, and which claimed to have been founded by Rav in 219 CE in Sura. Likewise, Rashi’s title was Rosh Yeshivat Geon Yaakov, “Head of the Yeshivah of the Glory of Jacob.”[24] Also, like the heads of the Babylonian Jewish academies, Rashi referred to himself by the title of the spiritual leaders of Babylonian Jewry, Gaon.[25]

Apparently, it was from the funding he received from communal assets paid on behalf of his students by the communities from which they came,[26] Rashi was able to dress himself, his wife, and his daughters in the style that befits a spiritual, intellectual, and communal leader of Jewry far beyond the boundaries of Troyes.

Implications for Today

Indeed, it may change the way we relate to our schools of Jewish learning and our programs of Jewish learning, both religious and secular, if we can liberate ourselves from the view that for Rashi, Rabban shel Yisrael,[27] our mentor, par excellence, studying Torah, teaching Torah, and adding to the corpus of Torah literature, were all hobbies, rather than aspects of a profession. Once it is grasped that Rashi’s Torah activities constituted a profession, we may begin to treat not only the people who raise money for and administer Torah institutions and programs for the academic study of Judaism as persons who deserve to make a living from what they do but also those who study and teach to extend the frontiers of our knowledge and to broaden the base of persons, who are privy to this rich heritage. Likewise, seriously treating day school teaching as a profession might have a positive effect on both the working conditions and pay of day school teachers and the way in which the children of the fortunate treat their teachers.

Notes:

[1] This article is based upon material found in the Introduction to Mayer I. Gruber, Rashi’s Commentary on Psalms (Brill Reference Library of Judaism, vol. 18; Leiden & Boston, Brill, 2004), and is published at the Seforim blog with permission of Koninklijke Brill NV, Leiden. Special thanks are due to Editor Michiel Klein Swormink of Koninklije Brill in Boston.

[2] Maurice Liber, Rashi, trans. Adele Szold (Philadelphia: Jewish Publication Society, 1906), 56; Irving Agus, The Heroic Age of Franco-German Jewry (New York: Yeshiva University Press, 1969), 173; Israel S. Elfenbein, “Rashi in His Responsa,” in Rashi, His Teachings and Personality, ed. Simon Federbusch (New York: Cultural Divison of the World Jewish Congress, 1958), 67; Salo W. Baron, “Rashi and the Community of Troyes,” in Rashi Anniversary Volume, ed. H. L. Ginsberg (New York: American Academy for Jewish Research, 1941), 60.

[3] Haym Soloveitchik, “Can Halakhic Texts Talk History?” AJS Review 3 (1978): 153-196.

[4] Ibid., p. 172, n. 54.

[5] Ibid.

[6] For the important contributions of Shemayah, who was Rashi’s personal secretary, who edited Rashi’s personal correspondence, wrote commentaries on the piyyutim of Eliezer ha-Kalir, helped Rashi edit the final versions of Rashi’s commentaries on Isaiah, Ezekiel, and Psalms, and composed glosses on Rashi’s commentary, which are preserved in Leipzig Stadtbiliothek, Ms. Wagenseil, B.H. fol. I, see the extensive discussion in Avraham Grossman, The Early Sages of France (2d ed.; Jerusalem: Magnes, 1997), 174, 347-426 (in Hebrew).

[7] For the different possible textual readings and their respective meanings see Israel Elfenbein, Responsa Rashi (New York: Shulsinger, 1943),114 #86, nn. 4-5.

[8] Elfenbein, Responsa Rashi, 310-11 #270.

[9] Ibid., 310, n. 1.

[10] Ibid., 215.

[11] Ibid.

[12] The text of the responsum refers, in fact, to eggs fried in honey. In light of the commentary of Nissim Gerondi (commonly known in the yeshivah world as “the RaN, at the top of Babylonian Talmud, Nedarim 52b, it appears that “fried in honey” is a literary convention in Rabbinic Hebrew for “mixed in honey and fried [in oil].” For this information I am indebted to Professor Alan Witztum, Professor of Botany at Ben-Gurion University of the Negev, Beersheva, Israel.

[13] Elfenbein, Responsa Rashi, 142 #114. Here Rashi takes for granted the principle attributed to Rav Papa in Babylonian Talmud, Betza 24a: If a Gentile brought a Jew a present at night just after the end of a Jewish festival, the Jew may benefit from the gift only after the elapse of enough time for the Gentile to have prepared the gift after the end of the festival.

[14] Elfenbein, Responsa Rashi, 202-03, #182-184; contrast Emily Taitz, The Jews of Medieval France (Contributions to the Study of World History, no. 45; Westport, Ct.: Greenwood Press, 1994), 85.

[15] Elfenbein, Responsa Rashi, 202 #182.

[16] Contrast Moche Catane, La Vie en France aus lle siecle e’apres les ecrits de Rachi (Jerusalem: Editions Gallia, 1994), 130-31; cf. Taitz, 72-77.

[17] Soloveitchik, 172-73. Of course, the original reason for the prohibition was the presumption that virtually all Gentiles worshipped a multiplicity of gods and that wine from virtually any barrel of wine they sold or gave to Jew had been poured out as a libation in the worship of “other gods.” Later the Rabbinic Sages (Babylonian Talmud, Shabbat 17b) extended this prohibition to any wine that had been touched by any Gentile so as to discourage socializing that might lead to intermarriage and thereby to the total assimilation of the Jewish people.

[18] Oxford Bodleian Ms. Oppenheim 276, p. 35a, cited by Grossman, The Early Sages of France, 132; 135, n. 45.

[19] Elfenbein, Responsa Rashi, 66, #61; see also the discussion in Taitz, 84.

[20] Note, for example, the “ordinance of Rashi” in Louis Finkelstein, Jewish Self Government in the Middle Ages (2d printing; New York: Feldheim, 1964), 147, which specifically exempts from taxation by the self-governing Jewish community of greater Troyes household items, houses, vineyards, and fields; see the discussion in Robert Chazan, Medieval Jewry in Northern France: A Political and Social History (Baltimore & London: Johns Hopkins University Press, 1973), 16. See also the account of the case that came before R. Joseph b. Samuel Tob-Elem (Bonfils) at the end of the 10th and the beginning of the 11th century CE concerning the attempt of the community of Troyes to ignore, with respect to a certain Leah, the community’s traditional exemption of vineyards from taxation. Fortunately for this Leah, the learned R. Joseph agreed with her that the traditional exemption should be upheld. See Chazan, 15-16. Irving Agus, Urban Civilization in Pre-Crusade (2 vols.; New York Yeshiva University Press, 1965), 438-446 anticipates Soloveitchik’s attempt to play down the importance of vineyards in the economic life of the Jews of Troyes in the time of Rashi, and he goes so far as to argue from silence that Leah was at that time the only owner of a substantial vineyard. In any case, both the litigation in question and the reference to vineyards along with household goods and houses in the so-called “ordinance of Rashi” should put to rest the contention that the soil of greater Troyes was inhospitable to viticulture. See also the numerous references to wine production in Rashi’s commentaries on the Babylonian Talmud where Rashi frequently contrasts the realia referred to in the Talmud with the corresponding realia in 11th-12th century CE Troyes; these sources are listed and analyzed in Catane, La Vie en France aus lle siecle d’apres les ecrits de Rachi, 130-133; see also the references in Rashi’s responses to Jews’ hiring Christians to carry wine casks; see Elfenbein, Responsa Rashi, #160; #260; see Taitz, 84.

[21] Soloveitchik, 172, n. 54.

[22] In addition to Baron and the other authorities cited in n. 2 above, see passim in Taitz; and see also Herman Hailperin, Rashi and the Christian Scholars (Pittsburgh: University of Pittsburgh Press, 1963), 268, nn. 10-11; Grossman, The Early Sages of France, 121, n. 1; 130, n. 31; and see also Mordechai Breuer, “Toward the Investigation of the Typology of Western yeshivot in the Middle Ages,” in Studies in the History of Jewish Society in the Middle Ages and in the Modern Period: Presented to Professor Jacob Katz on his Seventy-Fifth Birthday, ed. E. Etkes and Y. Salmon (Jerusalem: Magnes, 1980), 49, n. 26 (in Hebrew).

[23] See above; additional responsa are discussed in Grossman, The Early Sages of France, 127-159; see also Soloveitchik, 153-196.

[24] Elfenbein, Responsa Rashi, 93 #73.

[25] Ibid., 245-246 # 115.

[26] Gruber, Rashi’s Commentary on Psalms, 20-22; see Norman Golb, The Jews in Medieval Normandy (Cambridge: Cambridge University Press, 1998), 154-196.

[27] For the sources of this explanation of the acronym Rashi see Gruber, Rashi’s Commentary on Psalms, 1, n. 1.

Mayer I. Gruber is Professor in the Department of Bible Archaeology and Ancient Near East at Ben-Gurion University of the Negev in Beersheva, Israel. He received his Ph.D. in Ancient Semitic Languages & Literatures at Columbia University in the City of New York (1977). Gruber also earned Rabbinic Ordination at the Jewish Theological Seminary of America in New York (1970). Prior to aliyah with his family in 1980, Gruber taught at Spertus College of Judaica in Chicago and was rabbi of Mikdosh El Hagro Hebrew Center in Evanston, Illinois.

Gruber’s Rashi’s Commentary on Psalms (Leiden: Brill, 2004), which includes the Hebrew text of Rashi’s Commentary, an English translation, a supercommentary on the form of notes, and a comprehensive introduction to Rashi’s life and work. Gruber’s other publications include a series of articles on the diagrams, which Rashi included in his biblical commentaries, a collection of Gruber’s articles entitled, The Motherhood of God and Other Studies (Atlanta: Scholars Press, 1992; now available from University Press of America in Lanham, Md.); additional studies on women in the biblical world and early Judaism; Aspects of Nonverbal Communication in the Ancient Near East (2 vols.; Rome: Biblical Institute Press, 1980), which deals with gesture language and its impact on the vocabulary of Biblical Hebrew and other ancient Semitic languages; the commentary on Job in the Oxford Jewish Study Bible (2003); and the revision of the entry “Job” in the 2d edition of the Encyclopaedia Judaica (2006).