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Response to the Recent Discussion Relating to the Emden-Eibeschuetz Controversy

Response to the Recent Discussion Relating to the Emden-Eibeschuetz Controversy

By Shnayer Leiman

Whatever else the world may require, it certainly doesn’t need more bans emanating from the Emden-Eibeschuetz controversy. No one is insulted and no apologies are necessary.

All sober comments and criticisms are most welcome – איזהו חכם הלומד מכל אדם. I try to learn from everyone. I’m also a card-carrying member of the class of כל אדם, and I am a teacher, and pray that  at least on occasion – the passage in Pirkei Avos licenses others to learn from me.

Time constraints, and lack of knowledge on my part, make it impossible for me to respond to all the comments, which for the most part addressed everything except the specific focus of my essay: the פני יהושע and his alleged blindness during the Emden-Eibeschuetz controversy.

In general, scholars and amateurs have written extensively on R. Jonathan Eibeschuetz and R. Jacob Emden, often without having read all, or even most, of their works. It is commonplace to write on R. Jonathan Eibeschuetz, with great confidence, without having read a single word of his אורים ותומים or כרתי ופלתי. Indeed, some of the scholars who have written much about him, were – and are  not capable of reading a word of his חידושי תורה. Similarly, everyone feels free to comment on R. Jacob Emden, never having read a word of his ויקם עדות ביעקב, or בית יהונתן הסופר, or ספר התאבקות, or מגלת ספר. Such selective reading of the primary sources can only lead to a one-dimensional and skewed view of history.

I shall respond directly to only one of the comments. After citing a line from the opening of the essay (which reads: “Emden…surely felt that he should have been appointed to succeed them [i.e., his father and grandfather (szl)] in the rabbinate…”), the commentator raises the following question: “Are we talking about the same R. Yaakov Emden who writes in several places of his gratitude to Hashem שלא עשני אבד?”

Citing a famous passage from the writings of R. Yaakov Emden, the commentator feels comfortable that he has captured Emden’s true feelings about the subject and nothing more needs to be, or can be, said. Unfortunately, the commentator chose not to mention the following:

1. R. Yaakov Emden served as Chief Rabbi (אב בית דין) of Emden from 1728 to 1733. One wonders if he recited the blessing on the day he was informed of, and accepted, his appointment as Chief Rabbi?

2. R. Yaakov Emden was one of the 7 finalists among the many candidates who applied to succeed R. Yechezkel Katznellenbogen (d. 1749) as Chief Rabbi of Altona, Hamburg, Wandsbeck. The finalists who lost were: R. Aryeh Leib b. R. Saul, Chief Rabbi of Amsterdam; R. David Frankel, Chief Rabbi of Berlin; R. David Strauss, Chief Rabbi of Fürth; R. Samuel Helman Heilprin, Chief Rabbi of Mannheim; R. Moshe Segal Polak, Chief Rabbi of Mainz; and R. Yaakov Emden of Altona. The finalist who won was R. Jonathan Eibeschuetz. See Zinz, גדולת יהונתן (Piotrkow-Warsaw, 1930), vol. 1, p. 28.

3. Addressing the propriety of R. Jonathan Eibeschuetz’ acceptance of the offer to become Chief Rabbi of Altona, Hamburg, and Wandsbeck, R. Yaakov Emden had this to say in בית יהונתן הסופר (Altona, 1763), p. 7a [authored entirely by R. Yaakov Emden, who, as in several volumes authored by him, created an imaginary narrator who speaks in the third person about him]:

ואולם חי אני כי גם מזה אות ומופת על מיעוט יראתו של המין הלזכי אם היה לו רק איזה רושם של יראת שמיםוכבוד
ת
חהיה לו למנוע מזהואפילו אם היו מבקשים אותו ומחלים פניו להיות לרב בגקהיה מחויב לסרב מפני כבוד מו
.שהוא שוכן שם
ושמו הטוב ומעשיו נודעים בשעריםויש לו חזקת אבות שלשה דורותומובטח שלא תופסק תורה מזרעו

4. Addressing why he was removed from the list of candidates (who would succeed R. Jonathan Eibeschuetz as Chief Rabbi of Altona, Hamburg, and Wandsbeck) in 1765, R. Yaakov Emden writes in מגלת ספר (Warsaw,1897), p. 209:

 שנת תקכ”ה] בשבט התועדו ג”ק על אודות מינוי רב חדש, והיו רבים חפצים להשיבני לנחלת אבותי, וכשעמדו למנין לעשות
רשימה מהראוים לאצטלא זו, נעשית מריבה ביניהם על אודותי, וכמעט היה הרוב על צדי, וכך
היה בודאי אם היו עושים דבר זה בגלוי, לא היה אדם אחר עולה להתמנות רב בג”ק בפעם הזאת. אכן
.התחכמו שלשה מאויבי [פושעי ישראל]…ועשו כן והצליח בידם מה שרצו לסלקני מן מנין הראוים

5. Among the many historians who state specifically that R. Yaakov Emden felt strongly that he should have been appointed to succeed his ancestors as Chief Rabbi of Altona, Hamburg, and Wandsbeck are Yechezkel Duckesz (אבל מתחילה חרה לו מאד וקנאה ושנאה בוערת בו על שלא בחרו אותו הגק לאבד) and David Leib Zinz (גם מספריו נראה שחרה לו על רבינו [ר‘ יהונתןשישב על כסא הרבנות דגק המגיע לו מנחלת אבות). Both were distinguished תלמידי חכמים. Duckesz was a מוסמך of the Pressburg Yeshiva and spent 50 years as rabbi of the “Kloiz” (founded by the חכם צבי) in Altona. Zinz was a Galitzianer whose biographies of R. Jonathan Eibeschuetz, R. Jacob Joshua Falk, and R. Nesanel Weil are frequently reprinted. For the Duckesz passage, see חכמי אהו (Hamburg, 1908), p. 56; for the Zinz passage, see גדולת יהונתן (Piotrkow-Warsaw, 1930), vol. 1, p. 29.

In sum, the commentator is free to explain away all this evidence (and there is more), dismiss it as irrelevant, and claim that the blessing recited every day by R. Yaakov Emden – שלא עשני אבד  captures the essence of his belief and practice throughout his life. What he cannot do is claim that anyone who reads this material differently than he does is creating a second R. Yaakov Emden. There was only one R. Yaakov Emden, and he was far more complex and sophisticated than the commentator makes him out to be.




The Alleged Blindness of R. Jacob Joshua Falk During the Emden-Eibeschuetz Controversy

The Alleged Blindness of R. Jacob Joshua Falk During the Emden-Eibeschuetz Controversy

by Shnayer Leiman

R. Jacob Emden’s animosity toward R. Jonathan Eibeschuetz throughout the Emden-Eibeschuetz controversy could easily be explained away on grounds that are not necessarily bound up with an accusation of heresy. Emden, who proudly depicted himself as “a zealot the son of a zealot,” would hardly pass for Mister Nice Guy. In his autobiography, and certainly in his polemical works, Emden often emerges as a misanthropic, tempestuous, cantankerous, chronically-ill, and incessantly whining social misfit and rabbinic genius who did not suffer either fools or rabbinic scholars gladly. Indeed, he hardly had a kind word to say about most of the rabbis who succeeded his father, R. Zvi Ashkenazi, as Chief Rabbi of Altona, Hamburg, and Wandsbeck, and served during his (Emden’s) lifetime. Emden, whose father and grandfather had served as Chief Rabbis of Altona, Hamburg, and Wandsbeck surely felt that he should have been appointed to succeed them in the rabbinate. That he (Emden) had to live in Altona for some 15 years (1750-1764) as a lay Jew in the shadow of Chief Rabbi Jonathan Eibeschuetz was simply more than he could bear. And the two rabbis lived virtually around the corner from each other in Altona, then a bedroom community for some 200 Jewish families living outside of Hamburg. Not surprisingly, a long list of historians and apologists would suggest that it was jealousy more than heresy that motivated and drove Emden’s animosity toward Eibeschuetz.[1]

It is far more difficult to explain away R. Jacob Joshua Falk’s animosity toward R. Jonathan Eibeschuetz on grounds other than the accusation of heresy. It is called “the Emden-Eibeschuetz” controversy, and rightly so, for those two rabbis initiated the controversy in 1751, would continue the struggle against each other through 1764 (when Eibeschuetz died), and Emden would continue to denigrate Eibeschuetz’ memory for as long as he lived, i.e., until 1776. But during the key early years of the controversy, from 1751 until 1756, the campaign against Eibeschuetz was directed primarily by R. Jacob Joshua Falk, then serving as Chief Rabbi of Frankfurt am Main, and who had formerly served with distinction as Chief Rabbi of Lvov, Berlin, and Metz. He was arguably the גדול הדור, certainly the זקן הדור, and virtually everyone agreed that no other rabbi in the mid-18th century was in a better position to resolve the controversy. He was even-handed, had no axe to grind, and was unrelated to either Emden or Eibeschuetz. Author of the classic work פני יהושע (the first volume appeared in print in Amsterdam, 1739), no one could question either his learning or integrity. In a battle of titans – now Rabbis Falk and Eibeschuetz – that escalated over a five year period, Falk ultimately called for Eibeschuetz to be defrocked. He placed Eibeschuetz under the ban, specifically ruling that he could no longer function as a rabbi, teacher, or preacher either in Altona or anywhere else, until such time that he would appear before a Jewish court of law and his case would be adjudicated . That, of course, never happened. As indicated, defenders of Eibeschuetz could not easily account for Falk’s seemingly acrimonious stance in the Emden-Eibeschuetz controversy.[2]

A possible early mention of Falk’s suffering from blindness appears in an undated letter by R. Nathan Nota Eibeschuetz (circa 1732-1789), son of R. Jonathan Eibeschuetz. The letter was addressed to a rabbinic colleague, an ardent supporter of R. Jonathan Eibeschuetz, and was published surreptitiously by Emden in 1755, during Falk’s lifetime.[3] In it, Nathan Nota Eibeschuetz notes in a postscript that reports have just reached him from a variety of informants that Falk’s [second] wife had died suddenly in Mannheim. Her sudden death had an immediate traumatic effect on Falk, who was overcome with mental confusion and physical pain. Specifically, Eibeschuetz states that Falk “now walks lonely and desolate, depleted of strength, and is no longer able to see.”[4] Although the letter is undated, we know precisely that Falk’s [second] wife died on Monday, October 18, 1751(= 29 Tishre 5512).[5] The letter could only have been written shortly after the event it describes.

It is difficult to assess how much credibility is to be given to such a report. The author of the letter was not an eyewitness to the event he describes. Moreover, he personally viewed Falk as the “enemy,” and could only take delight in describing his mental and physical breakdown.[6] In any event, we know that some four months later Falk obviously recovered, for he remarried on Shushan Purim in 1752,[7] and clearly regained his eyesight (as we will prove below), even if he had lost it temporarily. Doubtless, this report, published in 1755, played a significant role in influencing the later accounts that had much to say about Falk’s blindness during the Emden-Eibeschuetz controversy.

In the 19th century, reports appeared in print that Falk suffered from blindness toward the end of his life. Even if we assume that these reports are accurate accounts of Falk’s state of health in 1756, they speak only of blindness during the last months, weeks, or days of his life.[8] By the 20th century, apologists broadened the period of Falk’s blindness to the entire span of his involvement in the Emden-Eibeschuetz controversy, from 1751 to 1756.[9] Thus, it was claimed that Falk never saw any of the amulets ascribed to Eibeschuetz and never read any of the polemical works published by the Emden forces between 1751 and 1756. He heard only oral reports, and based his rulings upon the misinformation that he was fed. It follows, then, that Falk’s stance in the Emden-Eibeschuetz controversy cannot be used as evidence against the integrity of Eibeschuetz. In the 21st century, more radical apologists would claim that all the letters and broadsides allegedly signed and published by Falk were in fact forged by the anti-Eibeschuetz forces.[10]

Here, we shall attempt to set the record straight. It would seem from a variety of sources that Falk could see perfectly well during the key years of the Emden-Eibeschuetz controversy. He had no problem reading texts as late as August of 1755, when – some 5 months before he died – he published the very last text he would contribute to the literature of the Emden-Eibeschuetz controversy. What follows is a summary list of some key sources, and their dates.

1. Wednesday, August 7, 1754 (=19 Av, 5514). The חיד”א (R. Hayyim Yosef David Azulai, 1724-1806) met with Falk in Worms. An impostor was bankrupting the חיד”א’s fundraising efforts on behalf of the Jewish community of Hebron. The impostor came with forged papers, claiming he was the true emissary of Hebron. He would reach each town and city in Europe before the חיד”א arrived, collect the funds, and abscond. Falk came to the חיד”א’s rescue by comparing חיד”א’s written credentials against his own collection of rabbinic signatures, and as recorded in חיד”א diary, “וירא כי החתימות דידי ודידיה היו לאחדים.” Falk saw that the signatures on both sets of documents were exactly the same, and declared חיד”א to be the only authorized emissary from Hebron.[11] See here:

2. Monday, April 14, 1755 (=3 Iyar 5515). Falk wrote a letter on behalf of Simon von Geldern (1720-1788), then an itinerant yeshiva student. Falk writes:

“The signature of the Chief Rabbi of Pressburg [on the letter you showed me] is well known to me, and I recognize it at sight. Since he praises you in his letter… I too agree to write a letter on your behalf.”[12]  See here:

 

3. Monday, August 18,1755 (11 Elul, 5515). Falk wrote his final letter of approbation for authors of rabbinic works. He wrote 42 altogether. See his הסכמה to R. Aryeh Leib Horowitz’ ספר המצות עם פירוש מרגניתא טבא (Frankfurt, 1756). Falk writes that a copy of R. Aryeh Leib’s מרגניתא טבא was placed before his eyes (italics mine, s.z.l.). He examined it two or three times and saw that the comments were wise and true, and agreed to write a letter of approval.[13] See here.

4. Friday, August 29, 1755 (= 22 Elul 5515). In a broadside entitled חרבות צורים , Falk published his final salvo in the Emden-Eibeschuetz controversy.[14] Some 8 weeks earlier, Eibeschuetz had published לוחת עדות (Altona, 1755), his first published book, and the only one which was devoted to a vigorous denial of the charges made against him that he was a closet Sabbatean. In the book, he addressed the amulets that had been ascribed to him, and called to the stand an impressive list of witnesses for the defense, including many of the leading rabbis in Lithuania, Poland, Bohemia, Moravia, Germany, Italy, Turkey and elsewhere, all of whom attested to his innocence of the charges levelled against him. Falk’s חרבות צורים was the first published book review of לוחת עדות, and a devastating one at that.

For our purposes, what is significant is that Falk indicates that he read the book upon publication, and indeed cites chapter and verse with precision. He even notes that he compared the printed version (in לוחת עדות) of a personal letter that Eibeschuetz had addressed to him in 1754, to the original copy still in his possession, and noticed subtle, if only minor, differences. Apparently, Falk could see quite well, as late as August 29, 1755, when the broadside was penned by him.[15] He died some 5 months later on January 16, 1756 (= 14 Shevat 5516). See here.

In sum, R. Jacob Joshua Falk was not blind during the key years that he participated in the Emden-Eibeschuetz controversy. He may well have suffered from blindness toward the end of his life. If so, this is likely to have occurred sometime after he wrote his final salvo in the Emden-Eibeschuetz controversy on August 29, 1755.[16]

Notes

[1] For a scathing rabbinic critique of Emden’s character, and for samples of the negative impact of his character on his writings, see R. Meir Dan Plotzki, “לכותבי הסתוריא” in דגלנו 2 1922, n. 5-6, pp. 108-110, and n. 10-11, pp. 191-194; and 3(1923), n. 12, pp. 230-233. For a typical historian and apologist who explains away Emden’s animosity as being grounded largely in jealousy, see E. Duckesz, חכמי אה”ו (Hamburg, 1908), pp. 55-63. A wide variety of other motivations for Emden’s animosity have been suggested, including economic factors (see, e.g., M.J. Cohen, Jacob Emden: A Man of Controversy ,Philadelphia, 1937); halakhic issues (see, e.g., Rabbi R. Margulies, סיבת התנגדותו של רבינו יעקב מעמדין לרבינו יהונתן אייבשיץ , Tel-Aviv, 1941); and kabbalistic speculation (see, e.g., Rabbi Y.Y. Safrin, נציב מצותיך [first published in Lemberg, 1858] Jerusalem, 1983, p. 117, and Rabbi A.Y. Schlesinger, קונטרוס שמרו משפט תנינא, Jerusalem, 1914, p. 72a).
[2] On Falk’s role in the Emden-Eibeschuetz controversy, see S.Z. Leiman, “When a Rabbi is Accused of Heresy: The Stance of Rabbi Jacob Joshua Falk in the Emden-Eibeschuetz Controversy,” in D. Frank and M. Goldish, eds., Rabbinic Culture and Its Critics (Detroit, 2008), pp. 435-456.
[3] Emden, ויקם עדות ביעקב (Altona, 1755), pp. 79a-80a (the pagination mistakenly reads: pp. 59a-60a).
[4] Ibid., p. 80. The Hebrew reads: אף גם הוא כעת הולך ערירי וכוחו סר ואור עינו אין אתו.

The plain sense of the phrase אור עינו אין אתו is less than certain. Although some are inclined to render it figuratively, e.g, “his eyes lost their sparkle,” in rabbinic literature it is often rendered literally and refers to loss of sight.

For the figurative sense, see 1 Sam 14:29 ארו עיני (my eyes lit up), Psalm 38:17 ואור עיני גם הם אין אתי (my eyes have lost their luster), and cf. M. Yoma 8:6. The figurative sense, then, refers clearly to the restoration or loss of physical and mental well-being. For the sense “loss of sight,” see, e.g., R. Yosef b. Eliyahu Hazzan, עין יוסף (Smyrna, 1675), introduction; R. Jacob Emden, חלי כתם (Altona, 1775), p. 22b; R. Yissachar Lichtenstein, אהל יששכר (Altona, 1826), letter of approbation by R. Michael May of Breslau; R. Abraham Ha-Levi, אברהם זכרון (Lvov, 1837), letter of approbation by R. Yaakov Orenstein; and R. Yekutiel Yehudah Greenwald, פארי חכמי מדינתינו (Sighet, 1910), p. 38, entry 13. In these (and in other) rabbinic passages, the phrase אור עינו אין אתו is often used interchangeably with the terms עיוור, סומא, and סגי נהור.
[5] See D.A.L. Zinz, עטרת יהושע (Bilgoraj, 1936), p. 19. Her tombstone – moved from the old to the new Jewish cemetery – is preserved to this very day in Mannheim’s New Jewish Cemetery.
[6] Nathan Nota Eibeschuetz adds in the postscript that “starting at her funeral, Falk proclaimed that his punishment was due to his opposition to my [i.e., Nathan Nota Eibeschuetz’] Master, Teacher, and Rabbi, my father the Gaon [Jonathan Eibeschuetz].

[7] Zinz, loc. cit.
[8] See G. Klemperer, “Rabbi Jonathan Eibenschütz,” in Pascheles’ Sippurim 4(1856), pp. 284-5 [also published as a monograph entitled Rabbi Jonathan Eibenschütz (Prague, 1858), pp. 76-77]. Cf. Y. Gastfreund, “תולדות רבי יהונתן אייבענשיטץ” in his אנשי שם (Lyck, 1879), p.17, note. None of these sources provide any detail about a progression from partial to total blindness; they simply assume that at some point toward the end of his life Falk suffered from total blindness.
[9] See, e.g., H.Y.N. Silberberg, קונטרס דרך חיים (Piotrkow, 1931), p. 81.
[10] See, e.g., Y.Y. Vidovsky, “הקדמת המו”ל” in יערות דבש השלם המנוקד (Jerusalem, 2000), vol.1, p. 45, n. 95, whose claims are based upon an egregious misreading of the evidence he presents. Falk’s apologists are not discussed in Y. Barnai’s “יחסה של ההיסטוריוגרפיה האורטודוקסית לשבתאות” in his שבתאות: היבטים חברתיים (Jerusalem, 2000), pp.120-141.
[11] H.Y.D. Azulai, מעגל טוב השלם (Jerusalem, 1934), p. 23.
[12] Simon von Geldern, כתבי קודש ומליצות (Amsterdam, 1760), p. 4b.
[13] A.L. Horowitz, ספר המצות עם פירוש מרגניתא טבא (Frankfurt, 1756), הסכמה printed immediately following the title page (courtesy: HebrewBooks.org). See, however, the הסכמה of Falk’s son on the same page, which raises the possibility that Falk’s הסכמה was dictated by him and recorded by his son. Even so, I don’t think this changes the basic facts recorded in Falk’s הסכמה.
[14] Only one copy of חרבות צורים seems to have survived the vicissitudes of time. It is preserved in a private collection, and the owner, who prefers to remain anonymous, has graciously allowed me to publish the full text anew. I plan to do so in the near future. Here I post a scan only of the opening lines and paragraph, which are relevant to the discussion at hand.
[15] It is possible to claim that Falk was already blind when לוחת עדות was published on June 27, 1755. When a copy reached Falk in Frankfurt, it was read to him by an amanuensis, who also recorded Falk’s response as it was dictated to him. The response was then published in the broadside entitled חרבות צורים. Such a claim, however, is meaningless in terms of apologetics, whose ultimate goal is to dismiss Falk’s testimony as uninformed and meaningless. By June 1755, Falk’s role in the Emden-Eibeschuetz controversy was basically over. It’s everything he said, wrote, and did before June 1755 –when he certainly could see and read – that established his unique and unequivocal stance in the controversy. Moreover, specifically with regard to חרבות צורים, every criticism of Eibeschuetz by Falk is referenced with precision to the appropriate page in לוחת עדות. Every criticism is clever, incisive, and right on target – as one would expect from a tried and tested Sabbatean-buster like Falk. None of the criticisms could be dismissed as the uninformed and meaningless testimony of a blind man who could not read and understand the text of לוחת עדות.
[16] Anecdotal evidence (that can neither be authenticated nor dated with precision) preserves a tradition that Falk wore reading glasses in Lvov. If true, it surely suggests that he was able to see at that early stage in his life (and needed glasses only for reading). Indeed, to the best of my knowledge, no one has ever claimed otherwise. See Zinz, op. cit., pp. 95-6. Elsewhere in the same volume (on p. 25), Zinz writes specifically – without adducing any evidence – that Falk “was blind for several months prior to his death.” This is perfectly consistent with our conclusion




Dr. Shlomo Sprecher ז”ל: In Memoriam

Dr. Shlomo Sprecher ז”ל: In Memoriam
אין חכמת האדם מגעת אלא עד מקום שספריו מגיעין,
ולכן ימכור אדם כל מה שיש לו ויקנה ספרים, כי דרך
משל מי שאין לו ספרי התלמוד אי איפשר לו להיות
בקי בו, וכמו כן מי שאין לו ספרי הרפואה א”א להיות
בקי בה.
דרכי התלמוד לר’ יצחק קנפאנטון
A person’s wisdom reaches only as far as his library. Therefore, a person should sell everything he owns and
acquire books. For example, one who doesn’t own a set of the Talmud cannot possibly master its content. Similarly, one who doesn’t own the basic medical books cannot possibly be expert in the field of medicine.
          It is with deep sadness that the Seforim Blog joins the thousands who mourn the death of our dear contributor and supporter, Dr. Shlomo Sprecher ז”ל. A distinguished תלמיד חכם and radiologist, R. Shlomo was a world renowned collector of books, who mastered their content, and spent a lifetime sharing his books and his knowledge freely with others. Doubtless, רבי יצחק קנפאנטון had the likes of R. Shlomo in mind, in the passage cited above.
          R. Shlomo was a מרביץ תורה and a מרביץ חכמה to a degree rarely seen in modern times. Despite a professional medical career that in and of itself would have exhausted others, he somehow found time ללמוד וללמד. He learned Torah incessantly, gave public שיעורים on a regular basis, and managed to arrange for others, often younger scholars, to give שיעורים and lectures in his neighborhood. He served with distinction on the editorial boards of ישורון and Hakirah, where he contributed his own studies and, and no less significantly, recruited, indeed cajoled others to publish the results of their research.
          R. Shlomo’s literary legacy includes such gems as:
1.   Introduction and table of contents for the reissue of R. Meir Dan Plotzki’s שאלו שלום ירושלים (New York, 1991).
2.   מבחר כתבי מו”ה מרדכי גומפל שנאבר הלוי לעווינזאהן ז”ל (Brooklyn, 1995). The  English section includes a lengthy introductory essay (by R. Shlomo and Mati Sprecher) on the life and times of Mordechai Gumpel Schnaber – not surprisingly, an eighteenth century rabbinic scholar and physician.
3.   “בסתר בצל: קווים לדמותו הסמויה של הג”ר בצלאל בנו יחידו של המהר”ל מפראג זצ”ל” in
ישורון  2(1997), pp. 623-634.
4.   “הפולמוס על אמירת מכניסי רחמים” in ישורון 3(1997), pp. 706-729.
5.   “Mezizah be-Peh – Therapeutic Touch or Hippocratic Vestige?”
in Hakirah 3(2006), pp. 15-66.
6.   “A Gemeinde Gemeinheit,” (by R. Shlomo and Mati Sprecher), posted on the Seforim Blog, June 9, 2009. An earlier version appeared in a pamphlet distributed at the wedding of Uri and Rivi Sprecher on November 13, 2008.
    In common, all of R. Shlomo’s contributions are characterized by dazzling erudition, lucid presentation, and originality. They advanced discussion significantly. It will certainly be a measure of consolation – and an important contribution to Jewish scholarship – if the family will gather his published studies and publish them in a bound volume. 
Above and beyond R. Shlomo’s intellectual excellence was his excellence of character. Others, more talented than us, will have to write about it. For those of us who experienced it, no further descriptions are necessary. For those of us who never experienced it, we doubt that the breadth and depth of his excellence of character can be adequately described in mere words. R. Shlomo leaves a void that will not easily be filled.
חבל על דאבדין ולא משתכחין.
 Eliezer Katzman
 Shnayer Leiman 



A Note on the הסכמות of the חפץ חיים

A Note on the הסכמות  of the חפץ חיים
By Shnayer Leiman

All the comments to the previous posting (“A Note on R. Bezalel Alexandrov’s משכן בצלאל and its Prenumeranten”) are deeply appreciated. It’s what makes the Seforim Blog required reading for anyone interested in serious scholarship. I cannot possibly address all the comments. The references in the notes to the essay address some of the issues raised. To Yisrael Dubitsky’s important  comments, one should add that privately owned copies of the two parts of משכן בצלאל  are available, at the very least, in New York and Silver Spring, Maryland. Having said that, the fuller editions of  משכן בצלאל  and  ילקוט בצלאל  remain rare books. Hopefully, online resources such as Hebrew Books and Otzar Ha-Hokhmah will scan the fuller texts and make them available to all. Lest Yisrael’s comment about YU’s copy of   משכן בצלאל  be misunderstood by an uninformed reader (“Mishkan Betsalel is available at 4 libraries that reported to OCLC [YU is not one of them]”), rest assured that the Mendel Gottesman Library at YU owns a full edition of  משכן בצלאל. The Gottesman Library lists some 200,000 volumes of Judaica on its on-line catalogue, and these are reported to OCLC. Those 200,000 volumes form the basic books necessary for a Jewish Studies research library. But like many Jewish Studies research libraries, YU has many other collections of Judaica, catalogued and uncatalogued. One of those catalogued collections (not on-line) lists the full edition of  משכן בצלאל , which, courtesy of the YU librarians, I was able to consult when preparing the essay.

While the focus of the essay was not on  הסכמות , since the bulk of the comments focused on the  הסכמות of the  חפץ חיים  , I shall attempt to address that issue, and only briefly.
1. Whether one chooses to recognize the letter of the  חפץ חיים  as a הסכמה  or not, the letter remains one of the three reasons for bringing  משכן בצלאל  to the attention of the public. Any letter of the  חפץ חיים  is a treasure. This particular one is published only in משכן בצלאל   (and in the secondary sources based upon  משכן בצלאל).
2. It should be noted that   משכן בצלאל  contains three letters of approbation. Aside from the letter of the    חפץ חיים, it includes a letter of approbation from R. Avraham Yoffen (1887-1970), Rosh Yeshiva of Nevarodok in Nevarodok, and then of Nevarodok in Bialystok.  The letter is dated 13 Tishre 5680 [October 7, 1919] and was written in Minsk. A third letter of approbation, from R. Yitzchak Isaac Eliezer Hirshowitz (1871-1941), then a Resh Mesivta in the Slabodka section of Kovno, is dated 5 Tishre 5680 [September 29, 1919] and was also written in Minsk. (Rabbi Hirshowitz is famous, in part, for publishing an early translation into Hebrew of the teachings of Rabbi Samson Raphael Hirsch. His book, מיטב הגיון   [Vilna, 1913] was intended for Lithuanian Jewry and carried an enthusiastic הסכמה from R. Chaim Ozer Grodzenski.) The letters of approbation by Rabbis Yoffen and Hirshowitz not only praise R. Bezalel Alexandrov’s learning and piety, they also indicate that both rabbis examined and approved the manuscript of R. Bezalel Alexandrov’s book. All three letters of approbation are printed together immediately following the title page. All three letters are introduced (separately) with the exact same title: מכתב תעודה מהרב הגאון… To consider the last two letters  הסכמות  ,and the first a private letter that has absolutely nothing to do with the book, seems almost ludicrous. A form-critical analysis leads to the ineluctable conclusion that all three letters of approbation are הסכמות. Moreover, it seems highly unlikely that R. Bezalel Alexandrov, a musar enthusiast, would have placed a letter (by the חפץ חיים) that had absolutely nothing to do with the book, in its הסכמות section and thereby mislead potential buyers and readers of the book. Worse yet, he published the “misleading” letter during the lifetime of the חפץ חיים, and after the חפץ חיים was kind enough to be among the first subscribers to the book! In terms of the nature of the הסכמה by the חפץ חיים, it is paralleled by many others that he wrote in response to specific requests for a הסכמה. He was impeccably honest, and did not want to praise a book he did not read, and was not likely to read. Instead, he showered priestly blessings on the author, מעומקא דלבא.
3. If one examines the first page of prenumeranten in משכן בצלאל (posted with the essay), one will notice that the חפץ חיים’s name appears under the general rubric: אלה שמות הפרענומעראנטין דק”ק ווילנא, שליט”א. This seems awkward, since the חפץ חיים lived in Radin, some 85.6 kilometers from Vilna. The names of no other residents of Radin appear on the four- page list of subscribers. Indeed, the likelihood that anyone would attempt to gather subscriptions from the residents of Radin was probably as high as the likelihood of a Jewish book dealer seeking a copy of the first edition of the נועם אלימלך (one of the rarest of Jewish printed books) in the Serengeti in Tanzania. (Berel Kagan has no entry for Radin.) It is well known, however, that the חפץ חיים frequented Vilna in the 1920’s in particular, and often stayed with relatives in Shnipishok (a Vilna suburb), and would meet with R. Chaim Ozer Grodzenski in order to address the needs of כלל ישראל. Similarly, R. Bezalel Alexandrov was not a resident of Vilna. He was there in 1923 for one purpose only (staying at the home of one of the Vilna subscribers, Shmuel Melamed, at 39 Breite Gass), in order to publish his book. And the letter of the חפץ חיים was written in 1923! It seems likely that the two met in Vilna in 1923 and R. Bezalel asked for a הסכמה, and received the letter he printed at the start of משכן בצלאל.
4. It should be noted that the author of מאיר עיני ישראל (cited in note 7 of the essay), in a chapter entitled “הסכמות מרן החפץ חיים זצ”ל לספרי מחברי תקופתו,” includes the הסכמה  by the חפץ חיים  given to R. Bezalel Alexandrov’s משכן בצלאל.  Also, מפעל הביבליוגרפיה   lists 3  “הסכמות”  for  משכן בצלאל.  It did not imagine that one of the letters was a personal letter unrelated to the book being published.
5. Ultimately the issue is one of definition. What is the definition of a הסכמה ? Or to phrase it another way: what elements must be present in a  הסכמה in order for it to be recognized as a legitimate הסכמה? Here are some possibilities. (I will not bring proofs or disproofs for any of these definitions; in fact, these – and many more – have been suggested as possibilities by leading rabbis throughout the generations.)
1.    A הסכמה  is a legal document by an authorized rabbi that provides copyright protection for the author of a ספר. A הסכמה without such a provision is not a הסכמה.
2.    A הסכמה must be written by an authorized rabbi and he must attest to the integrity of the author and to the integrity of the ספר being published . If the הסכמה lacks the one or the other, it is not a הסכמה.
3.     The  הסכמה  must be written by an authorized rabbi and he needs only to attest to the integrity of the author. Nothing else is significant.
4.    A הסכמה is a promotional document, signed by an authorized rabbi, and necessary for sales. The content of letter is of little consequence.
Whichever definition one chooses, a host of questions will remain to be answered. Who is an authorized rabbi? What if the author of the book, an authorized rabbi, writes the הסכמה for himself? Can a father write a  הסכמה for a son? What shall we do with the many הסכמות that do not fit any of the definitions listed above? Thus, there are censored הסכמות, forged הסכמות, reluctant הסכמות, הסכמות  written under duress, and retracted הסכמות, just to list a few of the many categories. Even aside from these questions, many great rabbis (in all periods) refused to seek הסכמות, and published their books without them. Some stated unequivocally (about their books): מעשיך יקרבוך ומעשיך ירחקוך .
In sum, given the uncertain (and changing) definitions of the term הסכמה through the ages, I cannot speak with confidence that I know precisely, in every case, what is and what isn’t a  הסכמה. And I certainly have no monopoly on wisdom. Nonetheless, for the reasons listed above, I am persuaded that R. Bezalel Alexandrov asked the חפץ חיים for a הסכמה in 1923, and printed the one he received. Readers will have to decide for themselves the precise status of the חפץ חיים’s letter printed at the beginning of משכן בצלאל. But whatever they decide, they need to bear in mind the variety of definitions of הסכמה through the ages, they need to examine all the evidence, and they need to realize that their conclusion will be only one opinion among many others, and not necessarily the correct one.



A Picture and its One Thousand Words: The Old Jewish Cemetery of Vilna Revisited*

A Picture and its One Thousand Words: The Old Jewish Cemetery of Vilna Revisited*
by Shnayer Leiman
A. The Photograph.
            Recently, I had occasion to publish the above photograph – a treasure that offers a glimpse of what the old Jewish cemetery of Vilna looked like in the inter-war period.[1] Indeed, it captures the oldest portion of the rabbinic section of the old Jewish cemetery. The purpose of this essay is to identify the persons buried here and – where possible – to reconstruct and print the epitaphs on their tombstones. Seven partially legible inscriptions can be seen by the naked eye, as one moves from left to right across the photograph. An empty frame that once held a tombstone can be seen in the center of the photograph, as well. With the aid of a magnifying glass, as well as literary evidence, we shall attempt to identify all those buried here and to restore the full texts of their epitaphs. In effect, we shall engage in a virtual tour of a Jewish cemetery that – sadly — exists today almost entirely underground.
            Briefly, the old Jewish cemetery was the first Jewish cemetery established in Vilna. According to Vilna Jewish tradition, it was founded in 1487. Modern scholars, based on extant documentary evidence, date the founding of the cemetery to 1593, but admit than an earlier date for its founding cannot be ruled out.[2] The cemetery, still standing today (but denuded of its tombstones), lies just north of the center of the city of Vilna, across the Neris (formerly: the Vilia) River, in the section of Vilna called Shnipishkes (Yiddish: Shnipishok). It is across the river from, and just opposite , one of Vilna’s most significant landmarks, Castle Hill with its Gediminas Tower. The cemetery was known as the Piramont[3] cemetery, also (in Yiddish) as der alter feld or der alter beys eylam [so in Lithuanian Yiddish; in Ashkenazic Yiddish: beys oylom]. It was in use from the year it was founded until 1831, when it was officially closed by the municipal authorities. Although burials no longer were possible in the old Jewish cemetery, it became a pilgrimage site, and thousands of Jews visited annually the graves of the many righteous heroes and rabbis buried there, especially the graves of the Ger Tzedek (Avraham b. Avraham, also known as Graf Potocki, d. 1749), the Gaon of Vilna (R. Eliyahu b. Shlomo, d. 1797), and the Hayye Adam (R. Avraham Danzig, d. 1820). Such visits still took place even after World War II.[4]
            The cemetery, more or less rectangular in shape, was spread over a narrow portion of a sloped hill, the bottom of the hill almost bordering on the Neris River.[5] The photograph captures some of the oldest mausoleums and graves at exactly that spot, i.e. at the bottom of the hill almost bordering on the Neris River. The tombstone inscriptions face north, toward the top of the hill. As one moves from  left to right across the photograph, one is in effect moving uphill toward the entrance of the cemetery, a gate built into the northern portion of the cemetery fence.[6] We shall move from left to right, and begin with the first tombstone inscription.
1. R. Menahem Manes Chajes (1560-1636).
R. Menahem Manes was among the earliest Chief Rabbis of Vilna. Indeed, his grave was the oldest extant grave in the Jewish cemetery, when Jewish historians first began to record its epitaphs in the nineteenth century.[7] R. Menahem Manes’ father, R. Yitzchok Chajes (d. 1615), was a prolific author who served as Chief Rabbi of Prague. Like his father, R. Menahem Manes published several works in his lifetime, including a dirge entitled סליחה על שני קדושים  (Lublin, 1596)[8]; a treatise in rhyme encompassing all the laws of ערב שבת, entitled קבלת שבת (Lublin, 1621)[9]; and left still other works in manuscript form (e.g., a commentary on פרשת בלק, entitled דרך תמימים, now in the Bodleian Library at Oxford University).[10] His epitaph reads:[11]
2. R. Shaul Katzenellenbogen (ca. 1770-1825).

 

Son of the Chief Rabbi of Brisk, R. Yosef Katzenellenbogen,[12] R. Shaul frequented Vilna as a youth in order to converse with the Gaon of Vilna. After meeting with the young Shaul, the Gaon purportedly said: “ראה זה רך בשנים וטעם זקנים מלא”.[13] Ultimately, R. Shaul settled in Vilna where he served with distinction as a מורה צדק. Influenced by the Gaon’s methodology and piety, it is no coincidence that he was asked to write letters of approbation for the first printed editions of works by the Gaon[14] and by (and about) his favorite disciples, R. Shlomo Zalman[15] (d. 1788) and his brother R. Hayyim of Volozhin[16] (d. 1821). R. Shaul’s glosses on the Talmud are included in the definitive edition of the BabylonianTalmud (ed. Romm Publishing Co.: Vilna, 1880-1886). He left an indelible impression on all who knew him; and especially on his students, among them R. David Luria[17] (d. 1855) and R. Samuel Strashun[18] (d. 1872) – two of the leading rabbinic scholars of 19th century Lithuania. He was honored at his death by being buried next to some of Vilna’s greatest rabbis, despite the fact that he was one of the last rabbis buried in the old Jewish cemetery. In 1826, a kloyz was established in Vilna in his memory. Called “Reb Shaulke’s [probably pronounced: Shoelke’s or Sheyelke’s] kloyz,” it remained in continuous use until, and even during, the Holocaust.[19]
The inscription that can be seen on the photograph reads:

 

This is simply an informational sign (almost certainly of early 20th century origin) that indicates to the visitor that R. Shaul was buried in this mausoleum. In fact, he was buried between R. Menahem Manes Chajes (d. 1636) and R. Moshe Rivkes (d. 1672), author of באר הגולה, and ancestor of the Vilna Gaon. His tombstone inscription, not visible in the photograph, reads:[20]
3.     R. Moshe, Dayyan of Vilna (ca. 1670-1740).
Little is known about R. Moshe, other than – as indicated on his epitaph – he served with distinction as a dayyan in Vilna.[21] Some of his Torah teachings are preserved in his son R. David’s, מצודת דוד (Altona, 1736).[22] R. Moshe was popularly known as “R. Moshe Charaz,” חר”ז being an abbreviation for חתן ר’ זאלקינד “son-in-law of R. Zalkind.” R. Zalkind should probably be identified with R. Shlomo Zalkind b. Barukh, who lived in the second half of the 17th century, and was a respected lay leader of Vilna’s Jewish community.[23] R. Moshe’s epitaph stands outside a second mausoleum, with its own entrance, separate from the first mausoleum (where R. Menahem Manes Chajes, R. Shaul Katzenellenbogen, and R. Moshe Rivkes were buried). The epitaph reads:[24]

 

4. R. Hillel b. Yonah (d. 1706).
The empty frame in the third mausoleum from the left held a wooden tombstone that existed into the 20th century.[25] Before it was removed for repair, it was photographed in situ, and the photograph was preserved at the Ansky Museum in Vilna. The photograph was published just prior to the onset of World War II.[26] The epitaph on the tombstone commemorates the life and death of R. Hillel b. Yonah, Chief Rabbi of Vilna, and his wife Rachel (d. 1710). They were the only occupants of the third mausoleum. R. Hillel served as Chief Rabbi of Chelm prior to his appointment as Chief Rabbi of Vilna in 1688. Some of his Torah teachings are preserved in R. David b. R. Moshe’s מצודת דוד (Altona, 1736).[27] The joint epitaph reads:[28]
5. R. Moshe Darshan (d. 1726).
R. Moshe Darshan was born in Vilna in 1641. His father, R. Hillel b. Naftali Hertz, was the celebrated author of בית הלל (on Shulhan Arukh Yoeh De’ah and Even ha-Ezer), who served on the rabbinic court of R. Moshe b. Yitzchok Yehuda Lima of Vilna (author of  חלקת מחוקק on Shulhan Arukh Even ha-Ezer) from 1651-1666, and later served as Chief Rabbi of Altona-Hamburg, and then Zolkiev.[29] R. Moshe was appointed ראש בית דין and דרשן of Vilna and served in that capacity until his death. His epitaph reads:[30]
6. R. Yaakov Kahana (d. 1826).[31]
R. Yaakov b. R. Avraham Kahana, a disciple of the Vilna Gaon, was the son-in-law of R. Yissakhar Ber (d. 1807), a brother of the Vilna Gaon.  Supported regally by his father-in-law, R. Yaakov suddenly found himself without support upon the death of his father-in-law. The Vilna kehilla immediately appointed him trustee of its various charities, in order to provide him with a dignified income, while enabling him to continue his pursuit of Torah study. R. Yaakov authored a classic commentary on B. Eruvin, גאון יעקב (Lemberg, 1863 and later editions).[32] His epitaph reads:[33]
7. R. Eliyahu Hasid (d. 1710).
R. Eliyahu was the son of R. Moshe b. David Kramer, who served as Chief Rabbi of Vilna from 1673 to 1687.[34] R. Eliyahu served as an administrator of Vilna’s צדקה גדולה and also as a dayyan. He was a great-grandfather of the Vilna Gaon, and the Gaon was named after him.[35] The epitaph reads:[36]
8. R. Yosef b. Elyah (d. 1718).
A communal leader (ראש, אלוף, מנהיג) in Vilna about whom little else is known.[37] That he was buried in proximity to R. Eliyahu Hasid (d. 1710), and that at a later date R. Moshe Darshan (d. 1726) was buried in proximity to him, is sufficient proof of his prominence, perhaps in wisdom and certainly in wealth. His epitaph reads:[38]
————————-
B. A Visit to the Old Jewish Cemetery in 1940.
            Known affectionately as “Reb Dovid,” Rabbi Meshulam Dovid Soloveitchik is currently Rosh Yeshiva of the Brisk Yeshiva in the Givat Moshe (also called: Gush Shemonim) section of Jerusalem. A descendant of R. Hayyim of Volozhin (d. 1821), and a scion of the Soloveitchik dynasty – his grandfather was R. Hayyim Soloveitchik (d. 1918), Rosh Yeshiva of Volozhin and Chief Rabbi of Brisk; and his father was R. Yitzchok Zev Soloveitchik (d. 1959), last Chief Rabbi of Brisk, and founder of the Brisk dynasty in Jerusalem) – he is a leader of the Haredi community in Israel.
A still active nonagenarian, he was born circa 1923. Upon the outbreak of World War II, he fled from Brisk and made his way to Vilna, which – largely due to the Molotov-Ribbentrop Pact of August 23, 1939, and Stalin’s subsequent decision to hand Vilna over to  Lithuania – became the newly recognized capital of Independent Lithuania. Reb Dovid, a teenager at the time, resided in Vilna from October 22, 1939 through January 19, 1941, when together with his father (and other members of the family), he embarked on the arduous and dangerous journey that would bring him to the land of Israel, where the family ultimately settled.[39]
            Some 15 volumes of Reb Dovid’s teachings have appeared in print, many under the title: שיעורי רבנו משולם דוד הלוי. These are transcriptions of his lectures as recorded by his students, with focus primarily on Torah and Talmud commentary. One of the volumes, however, includes a riveting account – in R. Dovid’s own words – of how he managed to survive the Holocaust. The memoir includes a brief description of a visit he made to the old Jewish cemetery in Vilna in 1940.[40] The passage reads:[41]

“When in Vilna, I went several times to visit the cemetery where the Vilna Gaon was buried, but it was closed. The gate was kept locked because burials no longer took place in the old Jewish cemetery, which was inside the city limits. Burials now took place in another cemetery [Zaretcha] which was outside the city limits.[42] Moreover, the caretaker who had the keys [to the old Jewish cemetery] lived far from the cemetery. Once, however, I came to the cemetery and found the gate open and went in to visit the Vilna Gaon’s grave. On my way to the grave, I passed an ancient tombstone with the words משיח ה’ inscribed on its epitaph.[43] I could not understand what this signified and who was buried there.[44] From there I reached the Vilna Gaon’s grave, and nearby, the grave of R. Avraham the Ger Tzedek. (At some later date, I chanced upon a pamphlet which contained a eulogy by R. Shaul Katzenellenbogen,[45] of blessed memory, over the author of Ha-Pardes.[46] In this pamphlet about the author of Ha- Pardes, it is stated that when he died a search was made in the old Jewish cemetery for a place where he could be buried. One empty plot was found, to the right of which was buried [R. Moshe Rivkes] the author of Be’er Ha-Golah, and to the left of which was buried R. Manes משיח ה’. Since no one had been buried in the empty plot next to these rabbis for some 85 years,[47] a rabbinic court was convened to decide whether the plot could be used now for the author of Ha-Pardes. The decision was that he should be buried between the two rabbis. They explained that it was a special privilege for the author of Ha-Pardes to be buried next to these righteous persons, and went on to describe the righteousness and piety of R. Manes משיח ה’. It seems likely that this was the tombstone I saw with the words משיח ה’ on its epitaph.”

This delightful account offers important testimony regarding what a living witness observed during a visit to the old Jewish cemetery in Vilna in 1940. On his way to the Vilna Gaon’s grave, R. Dovid saw a tombstone with the words משיח ה’ inscribed on its epitaph. The reference, of course, is to the grave of R. Menahem Manes Chajes (see above, epitaph 1). It is indeed nearby to the Gaon’s mausoleum, and one could easily stop to see it on the way to the Gaon’s grave. The alert reader will surely wonder why in the photograph taken in the inter-war period, which includes the epitaph of R. Menahem Manes Chajes, one cannot make out the words משיח ה’, whereas R. Dovid testifies that in 1940 it was precisely those words that caught his attention. The answer, I believe, is provided by another photograph of R. Menachem Manes Chajes’ epitaph taken in the summer of 1936.[48]
It too, at first glance, seems to have the words משיח ה’ erased. But if one examines the photograph closely, one can make out the words משיח ה’. The white paint that once covered these etched letters has been chipped off. The inter-war photograph, a “group” photograph taken from a distance, could not capture the etched letters that now appeared as black on black. The naked eye of a human being, however, could pick up the etched stone letters that read משיח ה’. So too, a close up photograph of the Chajes epitaph alone, taken in 1936.
R. Dovid adds that, subsequently, he chanced upon a pamphlet that helped him identify the epitaph he had seen. The pamphlet contained a eulogy by R. Shaul Katzenellenbogen over the author of Ha-Pardes, who apparently died in Vilna. Initially, an appropriate burial place could not be found for him in the old Jewish cemetery. But after much search, an empty plot was found between R. Manes משיח ה’ and [R. Moshe Rivkes,] the author of Be’er Ha-Golah. Since no one had been buried in proximity to these rabbis for some 85 years, a rabbinical court had to convene in order to decide the issue. The ruling was in favor of the burial, and special mention was made of the piety of R. Manes משיח ה’, which clearly identified the epitaph that R. Dovid had seen.
            Sadly, I have not succeeded in locating such a pamphlet. If indeed R. Dovid saw such a pamphlet, he cannot be faulted for summarizing its content. It certainly enabled him to identify the epitaph as belonging to the tombstone of R. Menahem Manes Chajes. But problems abound. R. Shaul Katzenellenbogen (see above, epitaph 2) died in 1825. He wrote no pamphlets and published no eulogies. The author of Ha-Pardes was R. Aryeh Leib Epstein, chief Rabbi of Koenigsberg (today: Kaliningrad).[49] He died in 1775 and was buried in Koenigsberg.[50] Thus, R. Shaul Katzenellenbogen, five years old at the time, could not have published a eulogy over him. In fact, it was R. Shaul Katzenellenbogen (as described above in epitaph 2) – and not the author of Ha-Pardes – who was buried between R. Menahem Manes Chajes and R. Moshe Rivkes.
            One suspects that the pamphlet R. Dovid chanced upon was R. Zvi Hirsch Katzenellenbogen’s גבעת שאול (Vilna and Grodno, 1825).
The author, a devoted disciple of R. Shaul,[51] published a eulogy upon the death of his teacher. He writes:[52]

“On the day of his [R. Shaul Katzenellenbogen’s] burial, an oracle was heard – a voice without pause[53]  – that an empty plot had been found between R. Moshe Rivkes, author of Be’er Ha-Golah and the Gaon R. Manes Chajes (who was depicted on his tombstone as משיח ה’, already so in the early generations, in the year [5]386 [= 1626],[54] even aside from the seven virtues listed by the Sages that characterize all great individuals[55]). In that section of the cemetery, the gravediggers did not dare to dig a grave during the last 85 years, for they feared for their lives. For that section of the cemetery was filled with holy and pious Jews.[56] But due to an agreement of the Moreh Zedek’s of our community, they began digging and found an empty plot waiting for this righteous Rabbi’s remains since the week of Creation.

            Here – and apparently in no other pamphlet – we have all the basic elements in R. Dovid’s account, with one glaring exception. Nothing is mentioned about the author of Ha-Pardes, R. Aryeh Leib Epstein. As indicated above, the author of Ha-Pardes in any event had nothing to do with a burial in Vilna. He lived at the wrong time (when empty plots were still available throughout the old Jewish cemetery) and died and was buried in the wrong place (in Koenigsberg). It is possible that we have in R. Dovid’s account a conflation of two unrelated pamphlets, each named גבעת שאול. Aside from R. Zvi Hirsch Katzenellenbogen’s גבעת שאול (cited above), a pamphlet with the exact same title, and also offering a eulogy, was authored by R. Shemariah Yosef Karelitz (d. 1917).[57]
The pamphlet, גבעת שאול (Warsaw, 1892), was a eulogy over Karelitz’ father-in-law, whose name also happened to be R. Shaul Katzenellenbogen (1828-1892), and who had served with distinction as rabbi of Kossovo and then Kobrin (both today in Belarus). This second R. Shaul Katzenellenbogen was a descendant of R. Aryeh Leib Epstein, author of Ha-Pardes. Indeed, on the first title page of Karelitz’ גבעת שאול, R. Shaul Katzenellenbogen is described in bold letters as a member of the Epstein family. On the second title page, he is described in bold letters as a descendant of “R. Aryeh Leib Epstein, author of Ha-Pardes.”
[
            In sum, R. Dovid’s account provides impeccable testimony that the epitaph on the tombstone of R. Menahem Manes Chajes – the oldest tombstone preserved in the old Jewish cemetery – could still be visited and read in 1940.[58] What he claims to have read in a pamphlet at some later date remains problematic and requires further investigation or, as the later commentators would have put it, צריך עיון.
In memory of Khaykl Lunski (ca. 1881-1943), fabled librarian of the Strashun Library, who was the embodiment of the very soul of Jewish Vilna. His last essay – a study of the faded tombstone inscriptions in Vilna’s old Jewish cemetery – was written in the Vilna Jewish ghetto created by the Nazis. It perished together with him during the Holocaust. See Shmerke Kaczerginski, חורבן ווילנע (New York, 1947), p. 198 (henceforth: Kaczerginski). Cf. Hirsz Abramowicz, Profiles of a Lost World (Detroit, 1999), p. 264. Kaczerginski’s description of Lunski’s last years in the Vilna ghetto are worth citing here:
Khaykl Lunski (ca. 1881-1943)
NOTES:

[1] Sid Z. Leiman, “Lithuanian Government Announces Construction of a $25,000,000 Convention Center in the Center of Vilna’s Oldest Jewish Cemetery,” The Seforim Blog, September 13, 2015, available online here, reprinted here. A similar photograph (from a slightly different angle) appears in Leyzer Ran, Jerusalem of Lithuania (New York, 1974), vol. 1, p. 100 (henceforth: Ran). Alas, its lack of clarity renders it mostly useless.
[2] See Israel Klausner, קורות בית-העלמין הישן בוילנה (Vilna, 1935; reissued: Jerusalem, 1972), pp. 3-5 (henceforth: Klausner). Cf. Elmantas Meilus, “The History of the Old Jewish Cemetery at Šnipiškes in the Period of the Grand Duchy of Lithuania,” Lithuanian Historical Studies 12 (2007), pp. 64-67 (henceforth: Meilus).
[3] It was originally called “Pioromont,” because the old Jewish cemetery was adjacent to a street and neighborhood named after Stanislav Pior, an 18th century starosta who owned land in the area (Meilus, p. 88).
[4] See, e.g., the testimony of Chaim Basok, who together with Rabbi Kalman Farber visited the Vilna Gaon’s grave in the old Jewish cemetery at Piramont after Vilna was liberated by the Russian army in 1944. See Kalman Farber, אולקניקי ראדין וילנא (Jerusalem, 2007), p. 413. I have personally interviewed several former residents of Vilna who visited the Gaon’s grave in the old Jewish cemetery at Piramont between 1945 and 1948.
[5] A detailed map of the cemetery, as it appeared in 1935, is appended to Klausner.
[6] For an artist’s depiction of the gate at the northern entrance to the cemetery, see Sholom Zelmanovitch, דער גר-צדק ווילנער גראף פאטאצקי (Kovno, 1934), opposite p. 44. Notice Castle Hill at the upper right hand corner of the sketch; the inscription above the gate, והקיצו לקץ הימין; and the inscriptions on the sides of the gate, בית עולם ווילנא and zydu kapines. Here is the sketch:
[7] See, e.g., Shmuel Yosef Fuenn, קריה נאמנה (Vilna, 1860), p. 63 (henceforth: Fuenn 1860). Cf. the second and revised edition of קריה נאמנה (Vilna, 1915), p. 67 (henceforth: Fuenn 1915).
[8] Yeshayahu Vinograd, אוצר ספר העברי (Jerusalem, 1994), vol. 2, p. 359, entry 65.
[9] See Moshe Dovid Chechik, “ מהר”ר מנחם מאניש חיות וספר קבלת שבת,” ישורון 17(2006), pp. 668-691.
[10] Adolf Neubauer, Catalogue of the Hebrew Manuscripts in the Bodleian Library and in the College Libraries of Oxford (Oxford, 1886), column 59, entry 293.
[11] We have attempted to transcribe the Hebrew texts exactly as they appear in the photograph. We add in brackets the reconstruction of letters and words that in all likelihood once appeared in the original texts, but were no longer visible when the photograph was taken. For other photographs of the epitaph, see Klausner, p. 36; Zalman Szyk,   יאר ווילנע 1000 (Vilna, 1939), pp. 408 and 416 (henceforth: Szyk); Ran,  vol. 1, p. 101 ; and Reuben Selevan, A Trip to Remember: New York to Europe 1936 (New York, 2009), p. 113. The reconstructions are based mostly on the earlier transcriptions of the epitaphs in Fuenn and Klausner.
Over the years, some of the epitaphs were redone, and the reconstructed texts are often faulty. Enlarged and/or dotted letters (signaling acrostics, names, or dates) were sometimes made small and the dots were omitted. Small letters were sometimes enlarged. Letters and words were added or dropped when a partially erased word could no longer be read. Thus, for example, the first three words of R. Menahem Manes Chajes’ epitaph (in the photograph) read: פה נטמן בו, an impossible construction in Hebrew. It is obvious that one or more words are missing from the opening line of the epitaph. It is also evident the first lines form an acrostic spelling out his name: מנחם מאנש. When the epitaphs were redone, the original line divisions were not always retained. For the letters in bold relating to the year of his death (קדרו ושמים), see below, note 54.  Based upon the earlier transcriptions in Fuenn (Fuenn 1860, p. 63; Fuenn 1915, p. 67) and Klausner (pp. 36-39), and a measure of common sense, the original epitaph probably read:
[12] R. Shaul was also the brother of his father’s successor in the rabbinate of Brisk, R. Aryeh Leib (d. 1837). See Aryeh Leib Feinstein,
עיר תהלה (Warsaw, 1886), p. 30.
[13] Abraham Dov Baer ha-Kohen Lebensohn, אבל כבד (Vilna, 1825), section “תולדות הנאון,” p. 2.
[14] See ספרא דצניעותא (Vilna and Grodno,1820), page following title page.  
[15] See R. Yehezkel Feivel, תולדות אדם (Dyhernfurth, 1809), vol. 2, page following title page.
[16] See R. Hayyim of Volozhin, נפש החיים (Vilna and Grodno, 1824), page following title page.
[17] Samuel Luria, “תולדות הרד”ל,” in R. David Luria, קדמות ספר הזהר (New York, 1951), pp. 12-14.
[18] See Hillel Noah Maggid Steinschneider, עיר ווילנא (Vilna, 1900), vol. 1, p. 163.
[19] See Aliza Cohen-Mushlin, Sergey Kravtsov, Vladimir Levin, Giedrė Mickūnaitė, and Jurgita Šiaučiūnaitė-Verbickienė, Synagogues in Lithuania (Vilnius, 2012), vol. 2, p. 316, item 55. Cf. Ran, vol. 1, p. 112. (The alleged photograph of R. Shaulke’s kloyz in Ran is misidentified; cf. Synagogues in Lithuania, vol. 2, p. 348, n. 248.) The address of the kloyz was Szawelska (later: Žmudskij) [Yiddish: Shavli] 5 (today: Šiauliu 2). The original building no longer stands. During the Holocaust, the kloyz continued to serve as a prayer house and it housed a Yeshiva named in memory of R. Hayyim Ozer Grodzenski (d. 1940). See Kaczerginski, p. 209; cf. Zelig Kalmanovitch, יומן בגיטו וילנה (Tel-Aviv, 1977), pp. 83 and 100 (English edition: Zelig Kalmanovitch “A Diary of the Nazi Ghetto in Vilna,” Yivo Annual of Jewish Social Science 8[1953], pp. 30 and 47).
[20] Fuenn 1860, pp. 236-238; Fuenn 1915, pp. 237-239; Klausner, p. 75.
[21] See Fuenn 1860, p. 100; Fuenn 1915, p. 107; and cf. Klausner, pp. 43-44.
[22] See, e.g. מצודת דוד, pp. 3a, 7a, and 31a.
[23] Fuenn 1860, p. 107, paragraph 50, number 11; Fuenn 1915, p. 113, paragraph 51, number 11.
[24] The text of the epitaph was not recorded either by Fuenn or Klausner. However, it is easily restored by combining the general information they provide with the legible portions of the text in the photograph.
[25] There is good reason to believe that wooden tombstones once proliferated in the old Jewish cemetery, but they did not survive the ravages of time and circumstance. See, e.g., Klausner, p. 38 (who indicates that as late as 1810 the fee exacted by the חברא קדישא for stone tombstones was twice the amount exacted for wooden tombstones) and Szyk, p. 406 (who states that the majority of tombstones in the old Jewish cemetery were made of wood but did not survive). Only two wooden tombstones (in the old Jewish cemetery) survived into the twentieth century; those of R. Hillel b. Yonah and R. Yehoshua Heschel b. Saul, who served as Chief Rabbi of Vilna from circa 1725 until his death in 1749. For photographs of R. Yehoshua Heschel’s wooden tombstone, see Klausner, p. 52; Szyk, p. 416; and Ran, vol. 1, p. 101.
[26] Klausner, p. 42. Cf. Szyk, p. 416 and Ran, vol. 1, p. 100 (mostly illegible).
[27] See, e.g., מצודת דוד, p. 27a.
[28] Fuenn 1860, pp. 97-98; Fuenn 1915, pp. 104-105.
[29] See Eduard Duckesz, אוה למושב (Krakau, 1903), pp. 4-7.
[30] Fuenn 1860, pp. 99-100; Fuenn 1915, pp. 106-107; Klausner, p. 43.
[31]  Moving from left to right on the photograph, R. Yaakov Kahana’s tombstone (tombstone 6) appears to the right of R. Moshe Darshan’s tombstone (tombstone 5). But as one walks uphill from the bottom to the top of the cemetery, one passes the three mausoleums, then the twin gravestones of R. Yaakov Kahana and R. Eliyahu Hasid (tombstone 7), and only then the grave of R. Moshe Darshan.
[32] For biographical information about R. Yaakov Kahana, see Fuenn 1860, p. 239; Fuenn 1915, pp. 239-240; and the third edition of Kahana’s גאון יעקב, entitled גאון יעקב השלם (Jerusalem, 1997), introductory pages. See also Yaakov Polskin, “ספר צוף דבש,” ישורון 4(1998), p. 270, notes 7-9.
[33] Here too, the photograph presents an empty frame. Only the opening lines (i.e. the marker identifying the grave) can still be read. The original epitaph is recorded in Fuenn 1860, p 240; Fuenn 1915, pp. 240-241. Klausner (p. 53) mentions Kahana’s grave but does not record the epitaph.
[34] For biographical information about R. Moshe Kramer, see Fuenn 1860, pp. 95-96; Fuenn 1915, pp. 102-103, and the references cited in the next note.
[35] See R. Avraham b. R. Eliyahu (the Gaon’s son), סערת אליהו (Vilna, 1889), p. 18. Cf. R. Yehoshua Heschel Levin, עליות אליהו (Vilna, 1885), p. 39, note 5.
[36] The opening lines (i.e. the marker identifying the grave) are painted on the upper portion of the tombstone. The epitaph is encased below the tombstone’s upper portion. For the epitaph, see Fuenn 1860, p. 99; Fuenn  1915, pp. 105-106; and Szyk, p. 408.
[37] See Fuenn 1860, p. 107; Fuenn 1915, p. 113.
[38] Here too the opening lines represent the marker identifying the grave, almost certainly added at a later date. For the epitaph, see Klausner, p. 43.      
[39] See  שיעורי רבנו משולם דוד הלוי: דרוש ואגדה (Jerusalem, 2014), pp. 390-396. For the date when R. Dovid left Vilna (January 19, 1941), we have followed Shimon Yosef Meller, הרב מבריסק (Jerusalem, 2003), vol. 1, p. 513.
[40] No precise date is provided by R. Dovid for his visit to the old Jewish cemetery. But since he arrived in Vilna on October 22, 1939, and his first attempts to visit the cemetery were thwarted, we assume the visit took place in 1940, the only full year he spent in Vilna. It is possible, however, that the visit took place late in 1939 or early in 1941.
[41] שיעורי רבנו משולם דוד הלוי: דרוש ואגדה (Jerusalem, 2014), pp. 393-394. The translation provided here is paraphrastic. The original Hebrew text reads:
[42] In 1940, Jewish burials were still taking place in Zaretcha, the successor cemetery to the old Jewish cemetery, which was closed in 1831. Zaretcha (today: Užupis), just outside the Old Town, and across the Vilenka River, was part of the Vilna municipality in 1940.
[43] In the latter part of the 19th century and the first half of the 20th century, the northern gate was no longer used. One entered the old Jewish cemetery from a side entrance on Derewnicka Street. The path from the entrance would lead one to the section where R. Menahem Manes Chajes was buried (on the right) and to the mausoleum where the Vilna Gaon was buried (on the left).
[44] The biblical title משיח ה’ (see, e.g., I Sam. 24:7 and Lam. 4:20), rendered “the Lord’s anointed one,” was usually reserved for kings and would-be messiahs (by their followers), not rabbis. R. Dovid could not identify the occupant of the grave, perhaps because the line with the name מהור”ר מנחם מאנש simply didn’t resonate to a 17 year old yeshiva student. One could claim that the line with R. Menahem Manes’ name was no longer legible in 1940 (as it was not legible in the inter-war photograph that forms the basis of this essay), but this seems highly unlikely in the light of the Selevan photograph taken in 1936. See below, note 48. The Selevan photograph is a close-up photo, and R. Dovid was standing directly in front of the same tombstone. He had no trouble reading poorly painted words.
[45] See discussion below.
[46] See discussion below.
[47] R. Menahem Manes Chajes died in 1636; R. Moshe Rivkes died in 1672. Eighty five years after these dates would be between 1721 and 1757. Since, as we shall see, the author of Ha-Pardes died in 1775, “85 years” cannot be referring to the time that elapsed between their deaths and his. “100 years” and more would have been a more accurate estimate. See below, note 56, for a likely explanation of the “85 years.”
[48] Reuben Selevan, A Trip to Remember: New York to Europe 1936 (New York, 2009), p. 113. I am deeply grateful to the author for granting me permission to scan and post the photograph (taken by his father in 1936) of R. Menahem Manes Chajes’ epitaph.
[49] For a biography of R. Aryeh Leib Epstein, see R. Ephraim Mordechai Epstein, גבורות ארי (Vilna, 1870). Ha-Pardes, only partially published, was an encyclopedic work encompassing many different genres of rabbinic literature. It includes talmudic commentary, listing and exposition of the 613 commandments, responsa literature, halakhic codes, kabbalistic teaching, sermons, eulogies, and more. The first fascicle with the title ספר הפרדס was published in Koenigsberg, 1759. It is a available today in several editions, including: ספרי בעל הפרדס (Bnei Brak, 1978), 2 vols.; and ספרי הפרדס (Jerusalem, 1983), 4 vols. See also מעשה רב חדש (Bnei Brak, 1980), pp. 29-80.
[50] His grave is no longer standing. A sketch of his grave, as it looked in 1904, appears in Festschrift zum 200jahrigen Bestehen des israelitischen Vereins für Krankenpflege und Beerdigung Chewra Kaddischa (Koenigsberg, 1904), sketch IV. The full Hebrew epitaph is printed opposite p. XX.

[51] See the entry on him in Encyclopaedia Judaica (Jerusalem, 1973), vol. 10, column 830.
[52] גבעת שאול, p. 23a. The translation here is paraphrastic. The Hebrew text reads:
[53] See Deut. 5:19 and Rashi’s comment ad loc.
[54] The year of R. Menahem Manes Chajes’ death was recorded on his epitaph with the words: קדרו ושמים. Several of these letters had  protruding dots above them; the numerical value of the dotted letters yields the year of his death. At a very early period, some of the dots could no longer be read. Fuenn (1860, p. 63; 1915, p. 67) writes that he was able to make out dots above the letters ר, ו , and מ. But those letters alone could not possibly refer to his date of death. This passage indicates that in 1825, at least, the dotted letters also includedק   and final ם, totaling [5]386 = 1626. On other grounds, we know that Chajes died in [5]396 = 1636, so it appears likely that the dotted letters also once included the י of ושמים. If not for Fuenn’s testimony, we would claim that the second word by itself, ושמים ( = [5]396) yields the year of Chajes’s death. Cf. Moshe Dovid Chechik (above, note 9), p. 675.
[55] See M. Avot 5:7.
[56] Given that this passage was written in 1825, “85 years” here refers to the period between 1740 and 1825. As the passage itself makes clear, the reference is to the many rabbinic greats who were buried in this section of the cemetery by 1740 – and not later. See above, epitaphs 1,3,4,5,7, and 8, all of which are samples that support the claim that after 1740 no rabbinic greats were buried in this section of the cemetery. Epitaphs 2 and 6 are in harmony with this claim. Epitaph 2 is the epitaph of R. Shaul Katzenellenbogen, the case at hand. Epitaph 6 (R. Yaakov Kahana) is dated 1826, a year after the case at hand and the publication of the passage in R. Zvi Hirsch Katzenellenbogen’s גבעת שאול.
[57] The father of R. Avraham Yeshaya Karelitz (d. 1953), author of חזון איש.
[58] I am deeply grateful to Professor Dovid Katz of Vilnius, mentor and colleague, whose astute comments have enhanced the final version of this essay.



Lithuanian Government Announces Construction of a $25,000,000 Convention Center in the Center of Vilna’s Oldest Jewish Cemetery

Lithuanian Government Announces
Construction of a $25,000,000 Convention Center
in the Center of Vilna’s Oldest Jewish Cemetery
by Sid Leiman

According to Russian statistics, Vilna had close to 200,000 inhabitants just prior to World War I, roughly forty percent of whom were Jewish, more than thirty percent were Polish, and about twenty percent were Russian and the rest consisted of small Lithuanian, Byelorussian, German and Tartar minorities.[1]

In 1919, the Paris Peace Conference was convened by the winning parties of World War I. Its purpose was to map the future of postwar Europe. When the status of Vilna came up for discussion, the Lithuanians claimed Vilnius as the rightful historical capital of independent Lithuania; the Poles rejected such claims on the basis of the cultural and linguistic affinities of Wilno to Poland. The Soviet regime, in diplomatic isolation, voiced its opinion that although Vilna had been part of Russia, the Bolsheviks were ready to share it with the oppressed peoples (mostly peasants) of Lithuanian and Byelorussian origins. Nobody asked or wanted to hear what Vilne meant to the Jews.[2]

I. Prologue.

In the summer of 1935, the municipal authorities of Vilna, then under Polish rule, announced that a sports stadium would be constructed on the site of Vilna’s oldest Jewish cemetery.3 At the time, the graves and tombstones of such greats as R. Menahem Mannes Chajes (d. 1636), one of Vilna’s earliest Chief Rabbis; R. Moshe Rivkes (d. 1671), author of Be’er Ha-Golah, a classic commentary on the Shulhan Arukh; R. Shlomo Zalman (d. 1788), younger brother of R. Hayyim of Volozhin and a favorite disciple of the Gaon of Vilna; R. Elijah b. Solomon (d. 1797), the Gaon of Vilna; and R. Abraham Danzig (d. 1820), author of Hayye Adam, a digest of practical Jewish law, stood in all their glory together with several thousand graves of all the Jewish men, women and children who had lived and died in Vilna between the years of 1592 and 1831.[4]

Tombstone Inscription of R. Menahem Mannes Chajes (d. 1636), embedded in the wall at the extreme left, in the Old Jewish Cemetery.
Tomb of R. Shlomo Zalman (d. 1788), younger brother of R. Hayyim of Volozhin, in the Old Jewish Cemetery.
Tomb of R. Elijah b. Solomon (d. 1797), the Gaon of Vilna, top right, in the Old Jewish Cemetery.
Grave and Tombstone Inscription of R. Abraham Danzig (d. 1820), center, in the Old Jewish Cemetery.

R. Chaim Ozer Grodzenski, spiritual leader of Vilna Jewry, as well as the leading Torah authority of his generation, interceded on behalf of Vilna and worldwide Jewry. He made it clear than no such desecration of a Jewish cemetery would be tolerated by the Jewish community. When the municipal authorities informed him that under the laws that applied at the time any cemetery not in use for one hundred years or more (the old Jewish cemetery was closed in 1831 due to lack of space) could be demolished by government decision, R. Chaim Ozer was adamant and informed the authorities that Jewish law prohibits the desecration of any Jewish cemetery, whether or not presently in use. Moreover, R. Chaim Ozer informed the authorities that the Jewish community would not comply in any way with the immoral demands of the municipal government. An attempt at a compromise was then made by the authorities; they were prepared to allow the section where the famous rabbis were buried to remain standing, so long as the Jewish community would agree to allow the government to demolish the remainder of the cemetery – where ordinary folk, i.e., men, women, and children were buried. R. Chaim Ozer ruled out any such compromise solution and, instead, engaged in a tireless, worldwide lobbying campaign, in an effort to persuade the government officials to rescind their decree.[5]

R. Chaim Ozer Grodzenski (in 1939).

When some rabbis in Palestine – sensing the gravity of the situation – issued a broadside calling for the grave of the Gaon of Vilna to be exhumed so that his remains could be transferred to the Holy Land, R. Chaim Ozer was livid. For, explained R. Chaim Ozer, by acquiescing to the exhumation and transfer of famous rabbis, one in effect consigns the rest of the cemetery to mass destruction. Moreover, it sets a precedent for all governments in Europe – just transfer the famous rabbis out of the Jewish cemetery and the Jews will agree to abandon the remainder of the cemetery.[6] The upshot of R. Chaim Ozer’s wisdom and intransigence was that under his watch,

no sports stadium was constructed on the old Jewish cemetery.[7] R. Chaim Ozer died on August 9 [= 5 Av], 1940.[8] Vilna, and arguably world Jewry, would never again have a leader who so deftly and gracefully combined within himself mastery of Torah, practical wisdom, and an unswerving commitment to the dissemination and protection of Jewish values – with profound and unstinting loyalty to his people, both living and deceased – under any and all circumstances.

II. Statement of Faina Kukliansky, Chairperson of the Lithuanian Jewish Community, Vilnius, August 15, 2015:[9]

Despite a Jerusalem Post story that would suggest otherwise (“Anger Flares Over Lithuanian Sports Palace,” Sam Sokol, 8/11/2015) there is today a remarkable consensus in Vilnius that the site of the former Snipiskes Cemetery and the graves beneath must be protected. On this matter, the government of Lithuania, the Lithuanian Jewish community which I chair, and the Committee for the Preservation of Jewish Cemeteries in Europe (CPJCE), which is Europe’s foremost halachic authority on cemeteries, all agree.

Attention is now focused on the abandoned former Soviet Sports Palace, which partially sits on the cemetery grounds and in its current condition is mostly a gathering place for graffiti artists and alcoholics. The government rightly wants to remove the building and turn it into a center for conferences and cultural events. Because the building itself has been designated an architectural heritage site, no significant structural changes are possible, but the interior will be renovated. The surrounding area will be maintained as a memorial park with inscriptions that describe some of the most famous people who were buried there.

The Lithuanian government and the CPJCE have an agreement dating to 2009, concerning the cemetery site. Even though we are only in a planning stage and still months away from any construction, recent discussions between the two have worked out an understanding for dealing with the renovation of the former Sports Palace. The CPJCE will provide rabbinic oversight and ensure that there are no halachic violations in the course of the work that takes place. The government has further agreed to limit the type of activities that will take place in the renovated center so that they are in keeping with the special nature of the site.

If anything, this should be a cause for celebration and a model for how other governments in our part of the world should deal with similar challenges of respecting and protecting Jewish cemeteries and the mass graves of Holocaust victims.

So what accounts for the “angry voices” in your story and the outrageous claims that a “desecration” is taking place?

No doubt some of those quoted are simply uninformed, and this fuller explanation will assuage their concerns. But sadly there are others who do know better but are using this issue to advance their own personal feuds and grievances. Some of them are rivals to the CPJCE, and while they would never publicly criticize its eminent Chairman, Rabbi Elyakim Schlesinger, they pretend not to know his involvement here. Perhaps even more destructive is the role being played by our community’s former rabbi, Chaim Burstein. His contract was recently terminated – he has spent more days abroad on his personal business than serving our Jews here in Lithuania – and so he is spreading these stories in order to attack me. It pains me to say these things, but your readers should know the truth.

As a proud Litvak who has the honor to chair a small but resilient Jewish community I have been part of many difficult struggles during these past decades as we have pressed the Lithuanian government to return former Jewish property and pressed the Lithuanian people to squarely confront the history of our Holocaust-era past. Those struggles are not over, but we have had much success. How ironic that as we now have Lithuanian leaders who are prepared to see clearly what happened in the past, we have fellow Jews who refuse to see clearly what is happening today.

Faina Kukliansky

III. Response to the Chairperson of the Lithuanian Jewish Community:
           

On August 15, 2015, Faina Kukliansky, Chairperson of the Lithuanian Jewish Community, issued a statement regarding the planned $25,000,000 Convention Center to be constructed by the Lithuanian government, and funded in large part by the European Union’s Structural Funds Program, in the center of Vilnius’ oldest Jewish cemetery – in use from the 16th through the 19th centuries – in the Shnipishkes (Yiddish: Shnipishok) section of Vilnius.

In the opening paragraph of the statement, Faina Kukliansky assures all concerned “that the site of the former Snipiskes cemetery and the graves beneath must be protected.” Her assurance, however, rings hollow, for as one reads on, it becomes apparent that she fully supports the idea of a Convention Center being constructed over the remains of the Jews buried in the cemetery.[10]

Ms. Kukliansky writes about the “abandoned former Soviet Sports Palace, which partially sits on the cemetery grounds.” One gets the impression that perhaps an annex to the Soviet-era Sports Palace, or its outer wall, sits on the cemetery grounds. In fact, the Soviet-era Sports Palace sits squarely in the very center of the old Jewish cemetery.[11]

Soviet-Era Sports Palace in Vilna, as it looks today, in the Old Jewish Cemetery.

Ms. Kukliansky continues: “Because the building [i.e., the Soviet-era Sports Palace] itself has been designated an architectural heritage site, no changes are possible.” Really? It was in the Soviet period that all the tombstones were systematically removed from the cemetery between 1948 and 1955, and it was in the Soviet period that a Sports Palace was constructed over the dead bodies of thousands of Vilnius Jews.[12] Now who was it that designated the Soviet Sports Palace an architectural heritage site? If it was the Soviets, what has this to do with Independent Lithuania? If, however, it was Independent Lithuania that made this designation, then rectification is long overdue. Indeed, the government of Lithuania should recognize the Shnipishkes Jewish cemetery as a heritage site of the Jewish community of Vilnius from the 16th through the 19th centuries. It should certainly not condone and perpetuate the Soviet desecration of a Jewish cemetery. That the EU supports such misuse of funds is nothing short of scandalous. Surely, there is ample room in and around Vilnius for the construction of a Convention Center someplace other than smack in the center of historically, the single most important Jewish cemetery in Lithuania and one of the most important in all of Europe.

Ms. Kukliansky labels those who disagree with her as “simply uninformed” or having a particular axe to grind. She does not entertain the possibility that building a Convention Center over a Jewish cemetery is not everybody’s cup of tea. I’m afraid it is Ms. Kukliansky who seems to be unaware of how many thousands of graves remain on the site, of how often bones have surfaced in recent years on the face of the cemetery,[13] and how despite prior agreements with the Lithuanian authorities, two entire buildings were constructed in recent years on the cemetery grounds.[14] Does she really believe – as she claims – that the construction of a $25,000,000 Convention Center will involve no excavation outside the present perimeters of the Soviet-era Sports Palace? Does she really believe – as she claims – that the type of activities that will take place in the renovated center will be in keeping with the special nature of the site? I wonder who is “simply uninformed.”

Faina Kukliansky writes: “If anything, this should be a cause for celebration and a model for how governments in our part of the world should deal with similar challenges of respecting and protecting Jewish cemeteries and mass graves of Holocaust victims.”

Nations of Eastern Europe take note! If you want to deal with respecting and protecting Jewish cemeteries, learn from the Vilnius experience. First remove and destroy all Jewish tombstones, and afterwards excavate wherever possible and destroy the remains of those who were buried there. Then build a Sports Palace or a Convention Center in the heart of the Jewish cemetery! Make certain that the new structures are designated architectural heritage sites, so that they cannot be dismantled. This should be followed by a celebration of how Jewish cemeteries have been respected and protected in the most proper fashion.

Faina Kukliansky is to be congratulated for assuming the responsibility of leading a “small but resilient Jewish community.” Sadly, she makes no mention of the fact that heartfelt and pained voices have been raised by a number of distinguished members of her small community, voicing strong opposition to the construction of the Convention Center in the Jewish cemetery.[15] But there is another issue here. Faina Kukliansky is much too modest in thinking that the “small and resilient Jewish community” of Vilnius is her only constituency. The Vilnius Jewish cemeteries belong not only to Vilnius and its Jewish community. The spiritual, as well as the genetic, descendants of the thousands of men and women buried in the Shnipishkes and Zaretcha Jewish cemeteries live the world over. They remember their ancestors, study their writings, often live by their teachings, and should have the right to pray at their graves in a cemetery not desecrated by a Convention Center.

Faina Kukliansky would do well to weigh carefully the consequences of the precedent she is setting. By lending her support to the construction of a Convention Center over the old Jewish cemetery, she places in jeopardy every Jewish cemetery in Europe and, perhaps, elsewhere as well. True, she claims that she relies on a rabbinic ruling issued by the CPJCE in London. Distinguished rabbis the world over, however, have raised their voices in unison against the construction of a Convention Center in the old Jewish cemetery, rendering the London opinion – at best – a minority one. These voices include the leading halakhic authorities in Israel16 and the United States,17 and the present heads of the great yeshivot that once graced Lithuania, which due to the Holocaust and Soviet repression had to resettle elsewhere.18 Faina Kukliansky would also do well to remember the voice raised long ago by her pre-World War II predecessor in Vilna, Rabbi Chaim Ozer Grodzenski. He did not allow the Polish government to desecrate the very Jewish cemetery that is about to be desecrated by the Lithuanian government with her approval.

Sid Leiman
Professor Emeritus of Jewish History and Literature
Brooklyn College

September 13, 2015
Erev Rosh Ha-Shanah 5776

Notes:

[1] Laimonas Briedis, Vilnius: City of Strangers (Vilnius, 2009), p. 168.
[2] Briedis, op. cit., p. 195. [The Briedis quotes have been slightly edited by me for the sake of clarity. -SL]
[3] See Yaakov Kosovsky-Shahor, ed., אגרות רחיים עוזר (Bnei Brak, 2000), vol. 1, pp. 400-401. Cf. Dov Eliach, הגאון (Jerusalem, 2002), vol. 3, p. 1142. See also the brief notice in Israel Klausner,
וילנא ירושלים דליטא: דורות האחרונים (Tel-Aviv, 1983), vol. 2, p. 554.
[4] For a concise history of the old Jewish cemetery in Vilna, see Israel Klausner, קורות בית העלמין הישן בוילנה (Vilna, 1935).
[5] In general, see Kosovsky-Shahor, op. cit., vol. 1, pp. 400-405.
[6] Kosovsky-Shahor, op. cit., vol. 1, pp. 402-403.
[7] A soccer field, just north of the old Jewish cemetery, was initiated in 1936 and eventually became Zalgiris Stadium when construction was completed by the Soviets in 1950. See Antanas Papshys, Vilnius: A Guide (Moscow, 1980), p. 127. It is still in use in Vilnius.
[8] For a moving account of his funeral, see Yosef Friedlander, “The Day Vilna Died,” Tradition 37:2 (2003), pp. 88-92.
[9] Faina Kukliansky’s statement was translated from Lithuanian into English and posted on August 15, 2015 on the Lithuanian Jewish Community website here. For the full context of the “Convention Center on the Old Jewish Cemetery” controversy, and for a comprehensive paper trail of statements made by Faina Kukliansky and the various parties involved in the controversy to date, see here. This site exists due to the incredible industry of the indefatigable Professor Dovid Katz of Vilnius, who also has prepared a register of all public voices that have been raised in opposition to the proposed construction of a Convention Center on the old Jewish cemetery, available here.
[10] One suspects that Ms. Kukliansky distinguishes between the land under the former Soviet-era Sport Palace (which, due to the excavations necessary for its construction, presumably led to the disposal of all Jewish remains that had been buried there) and the land surrounding the former Soviet-era Sports Palace (which presumably retains the remains of all those Jews who had been buried there). Thus, she feels comfortable with the construction of a Convention Center over the former Soviet-era Sports Palace. In terms of Jewish law, however, such a distinction is meaningless. Once a Jewish cemetery is consecrated it becomes a hallowed place, much like a synagogue. Like a synagogue, it cannot be used for secular purposes and it may not be desecrated in any way. And like a synagogue, it retains its sanctity whether or not Jews are actually present at any specific time or on a specific day. The Jewish cemetery remains hallowed in its entirety, even if all the remains have been removed from it; how much more so if remains are strewn throughout the cemetery! On the hallowed status of a Jewish cemetery, see, e.g., R. Jacob Moellin (d. 1427), ספר מהריל: מנהגים (Jerusalem, 1989), laws of fasting, p. 270; R. Elijah Shapira, אליהו רבה על ספרי הלבושים, to שלחן ערוך אורח חיים 581:4, note 39; and R. Judah Ashkenazi (d. circa 1742), באר היטב, and R. Samuel Kolin (d. 1806), מחצית השקל, to שלחן ערוך אורח חיים 581:4. In all the passages just cited, every Jewish cemetery is described as a מקום קדוש, i.e. a holy place – which is precisely why Jewish cemeteries are designated as places appropriate for prayer. When a municipal office building, or an apartment house, or a convention center is constructed on a Jewish cemetery, it as an act of desecration. Ms. Kukliansky seems upset about “the outrageous claims that a desecration is taking place.” The claims are hardly outrageous; it is the desecration that is taking place that is outrageous.

That a Jewish cemetery retains its hallowed status even if some or all the remains are removed from it and buried elsewhere is an official ruling of many rabbis, including R. Shlomo Zalman Auerbach (d. 1995), one of the greatest halakhic decisors of modern times. At שות מנחת שלמה (Jerusalem, 1999), vol. 2, responsum 88, p. 338, he rules unequivocally: “A Jewish cemetery, even if should happen that its remains have been exhumed, remains prohibited [for secular use, or for being sold to a second party], and always retains its character as a Jewish cemetery.” Cf. R. Moshe Feinstein,אגרות משה: יורה דעה חלק ג (New York, 1982), responsum 151, pp. 418-419.
[11] This can be seen by examining maps of the Jewish cemetery prepared during the last 200 years, as well as detailed photographs of the Jewish cemetery taken in the last 100 years. Even U.S. intelligence reports released by Wikileaks concede that “the Sports Palace property indisputably rests in the middle of the former cemetery.” See here.
[12] The Soviet-built Sports Palace, used primarily for volleyball and basketball games, was opened in 1971 and remained in use in Independent Lithuania until 2004.
[13] The evidence here is shocking indeed. See, e.g., Binyomin Rabinowitz, “Can Anything Be Done to Save the Remnants of Vilna’s Old Jewish Cemetery,” Dei’ah VeDibur (August 31, 2005), pp. 1-9, available online here.
[14] See, e.g., the Wikipedia entry on “Jewish Cemeteries of Vilnius”: “The Palace of Concerts and Sports (Lithuanian: Koncertų ir sporto rūmai) was built in 1971 right in the middle of the former cemetery. In 2005, apartment and office buildings were built at the site,” here.
[15] See, e.g., Ruta (Reyzke) Bloshtein’s stirring plea to the Lithuanian government online here.
[16] E.g, Rabbi Samuel Auerbach of Jerusalem, son and successor of R. Shlomo Zalman Auerbach.
[17] The list is much too long to be included here. Suffice to mention: Rabbi David Feinstein (head of Mesivta Tiferet Jerusalem), Rabbi Aharon Feldman (head of Ner Israel Rabbinical College), Rabbi Shmuel Kamenetsky (head of Talmudical Yeshiva of Philadelphia), and Rabbi Aaron M. Schechter (head of Mesivta Chaim Berlin).
[18] These include Rabbi Chaim Dov Heller, head of the Telz Yeshiva, formerly in Telshiai, Lithuania; Rabbi Osher Kalmanowitz, head of the Mirrer yeshiva, formerly in Mir, Greater Lithuania (today in Belarus); and Rabbi Aryeh Malkiel Kotler, head of the Beth Medrash Govoha in Lakewood, formerly in Kleck and Sluck, Greater Lithuania (today in Belarus).