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Rav Gorelick, the Rav, and Revision by Omission

Rav Gorelick, the Rav, and Revision by Omission

By: Yaacov Sasson

Many readers of the Seforim Blog no doubt remember Dr. Shapiro’s post from 2009, in which he documented a back-and-forth from the pages of the journal Or Yisrael, regarding whether Rav Yerucham Gorelick zt”l taught Gemara at Yeshiva University.[1] As a refresher, Or Yisrael (Num. 50, Tevet 5768, p. 39) published a summary of a shiur given by Rav Mordechai Leib Gorelick (son of Rav Yerucham), regarding the publication of the Talmud with translation and elucidation (presumably referring to Artscroll). Rav Gorelick argued that such translations are inappropriate, as they make learning Gemara too easy, and learning Gemara requires hard work and toil (ameilus). Furthermore, Talmud study had always been reserved for the elite, not the masses, who studied other topics like Mishnayos and Ein Yaakov; daf yomi study for the masses was only approved reluctantly by the Chafetz Chaim. But it is inappropriate to print these crutches to enable the masses to study the Talmud, which they are incapable of studying on their own.[2]

In a follow up in that same issue of Or Yisrael (p. 42), Rav Yehuda Heller of London raised some doubt about whether Rav Leib Gorelick really said what was attributed to him in Or Yisrael. In the course of attempting to show that Rav Leib never made these claims against English translations and daf yomi, Rav Heller mentioned that Rav Leib’s father, Rav Yerucham, taught Gemara in YU for many years, even though the students there did not meet the very rigorous conditions that Rav Leib required to qualify for learning Gemara. From this, Rav Heller attempted to demonstrate that Rav Leib did not actually say what was attributed to him.[3]

Rav Heller wrote a further follow-up in a later volume of Or Yisrael (Num. 57, Tishrei 5770, p. 255), in which he said that Rav Leib Gorelick told him that his father did not teach Gemara in YU, and he only taught hashkafa there.[4] This statement understandably prompted quite a response, as Dr. Shapiro criticized Rav Leib and these revisionist comments rather harshly. A number of other websites also made note of this episode and added their own criticisms.[5] A follow-up letter written by a former student of Rav Yerucham was also published in Or Yisrael (Num. 58, Tevet 5770, p. 248), titled איך החי יכול להכחיש את החי , in which the writer states that he studied Gemara, Rishonim and Acharonim with Rav Yerucham, as did thousands of other students.

The claim that Rav Yerucham never taught Gemara at YU/RIETS is clearly false. Yet, it would appear that no one followed up with Rav Leib to clarify his statement, or to confirm that he actually made the seemingly impossible statement that had been attributed to him. In a conversation I had with Rav Leib Gorelick this past summer, I took the opportunity to ask him about this claim that his father never taught Gemara there, and only taught hashkafa. Rav Leib immediately informed me that he was misquoted, and his father certainly taught Gemara at YU/RIETS. What he said was that his father’s goal in teaching Gemara at YU was not to teach Gemara per se, but was to impart hashkafa, mussar, and emuna to the talmidim; in Rav Leib’s own words, “He wasn’t teaching them daf yomi.” Recall that the original context of these statements was regarding the propriety of Artscroll English translations enabling the masses to study daf yomi. It was in this context that Rabbi Heller brought Rav Yerucham’s position in YU as a proof, and Rav Leib was responding to this argument, all in the context of English translations and daf yomi. Regarding this point, he was arguing that his father’s position at YU is not relevant to teaching daf yomi to the masses, because his father was using the Gemara as a vehicle to impart mussar and hashkafa.

Interestingly, Rav Hershel Schachter has expressed similar sentiments, but from the perspective of a student (academic year 1957-1958) of Rav Yerucham Gorelick[6]:

Rabbi Gorelick used to give a shiur in the yeshiva, a regular shiur in Gemara, and he used to pepper his shiur with a lot of hashkafa, and a lot of mussar, emunah, he would say over a lot from the Nefesh Hachaim…The year that I was in Rabbi Gorelick’s shiur we learned Sanhedrin, I don’t remember anything that Rabbi Gorelick said about Sanhedrin, but I do remember all the Nefesh Hachaim’s that he said in the course of the year…I remember vertlach that he said from Rav Velvele on chumash…That’s what I remember from the year of learning by him. What he said on Gemara Sanhedrin I don’t remember. I remember what Rav Soloveitchik said, I don’t remember what Rabbi Gorelick said. But I remember all the Nefesh Hachaim’s that he said, and all the vertlach from Rav Velvele on the hagada, and all the vertlach on chumash that he said, and the stories that he told about Rav Velvele, that I remember, he used to tell over stories…”

If we could generalize from Rav Schachter’s experience, it would appear that Rav Yerucham Gorelick’s lasting impact on talmidim was mostly in line with how Rav Leib presented Rav Yerucham’s goals in teaching Gemara in YU.

There have been instances, however, in which Rav Gorelick’s association with YU has been omitted or glossed over. As an example, see the journal U’lYishrei Lev, volume 11, published in honor of the marriage of a son of Rav Shmuel Yeshaya Keller (son of the late Rav Chaim Dov Keller), to a granddaughter of Rav Chaim Ozer Gorelick, a great-granddaughter of Rav Yerucham.[7] This journal contains two letters from Rav Gorelick, which originally appeared in YU/RIETS Torah journals. One of them, shown below, בענין חש בתרומה וריחא מילתא , was originally printed in Beis Yitzchak volume 25 p. 241, and was discovered and arranged for publication by the late Rabbi Joshua (posthumously known as The Hoffer) Hoffman.[8]

There is no mention in U’lYishrei Lev that this letter was found and published in Beis Yitzchak. Similarly, the other letter in U’lYishrei Lev, במצות הפרשת תרומות ומעשרות, was originally published in Kol Zvi volume 2 page 107. It is noteworthy that, in addition to the more recent family connection by marriage, Rav Yerucham Gorelick was Rav Chaim Dov Keller’s rebbe in YU. It was Rav Gorelick who encouraged Rav Keller to go to Telz, and arranged for Rav Keller to learn b’chavrusa with Rav Mordechai Gifter.[9]

The aforementioned letter בענין חש בתרומה וריחא מילתא also appears in Mishor’s 5768 printing of חידושי הגרח על השס on page 32, surprisingly with the disclosure that the piece is taken from Beis Yitzchak.[10] I say surprisingly, because this volume does engage in revision by omission in other cases, specifically those having to do with the Rav, Rav Yosef Dov Soloveitchik. Here is a piece from that volume (page 302) on the topic of אין שליח לדבר עבירה, which is attributed to the very nebulous “Reshimos Talmidim”, but is copied word-for-word from Igros Ha-Grid Halevi, page 9, דה אכן, shown below.

Similarly, the piece in the Mishor volume (page 97) on מצות תקיעת שופר is once again attributed to the nebulous “Kisvei Talmidim”, yet is taken from Igros Ha-Grid Halevi, this time an amalgam of the pieces on page 33-34 and page 91, shown below. Most of the verbiage is taken from pages 33-34, while the phrases “אינו חל לגביה“ and “בכלל מתעסק“ are taken from page 91.

Another recent example of revision by omission as relates to Rav Soloveitchik appears in Yishurun, volume 41 (Elul 5779), in a biographical article on Rav Elya Baruch Finkel, on p. 388. There we are told of Rav Elya Baruch’s safek regarding Erev Shabbos Chanuka. The halacha (Rambam Chanuka 4:12) is that someone who does not have candles must even sell his garment in order to purchase Ner Chanuka. Rav Elya Baruch understood that there is no such requirement for Ner Shabbos according to the Rambam (see Yishurun volume 18 p. 675.[11] The article in Yishurun volume 18 also appears in Mishulchan Rabi Eliyahu Baruch- Moadim, volume 2, p. 283, where a note mentions that it was prepared for print by Rav Elya Baruch’s son.) The halacha (Rambam Chanuka 4:14) also states that someone with one candle on Erev Shabbos Chanuka should use it for Ner Shabbos, as Ner Shabbos takes precedence to Ner Chanuka. In the event that someone has no candles or money on Erev Shabbos Chanuka, he is obligated to sell his garment to buy a Ner Chanuka, but once he has the candle, he is supposed to give precedence to Ner Shabbos over Ner Chanuka, even though he is not obligated to sell his garment for Ner Shabbos. Rav Elya Baruch raised the question – should he use the candle for Ner Chanuka or for Ner Shabbos?

We are told in Yishurun that Rav Elya Baruch presented this question to גאון אחד who was נודע בכשרונותיו העילויים. This Gaon stated that there are three logical possibilities, and these possibilities are laid out in Yishurun volume 18 p. 677.[12] 1) He need not sell his garment, because even if he does he will be unable to fulfill Ner Chanuka, and it is as if he knows that if he buys the Ner Chanuka a lion will eat it, in which case he certainly need not sell his garment. 2) He should sell his garment and use the candle for Ner Chanuka 3) He should sell his garment and buy a candle for Ner Chanuka, but then use it for Ner Shabbos. This Gaon rejected the third possibility out of hand, and he was unsure how to decide between the first two possibilities.

This anonymous Gaon is none other than Rav Soloveitchik. I know this because the same story appears in the name of Rav Elya Baruch Finkel in the book “Read and Remember” by Rabbi Yirmiyahu Cohen, and there it names Rav Soloveitchik as the Gaon who laid out the three possibilities and rejected the third possibility.[13]

Ironically, “Read and Remember” has itself been the object of revision by omission. On p. 161, Rabbi Cohen relates that Rav Nochum Partzovitz was asked if a resident of chutz laaretz who is in Israel for the second night of Pesach could fulfill his mitzva by telling the story of Yetzias Mitzrayim to a resident of Israel, for whom it is not the seder night.

It seems to me that this piece from “Read and Remember” is obliquely referenced in Kuntres B’lev Yam Siman 41 number 2, page 629[14], by the current-day Rav Yaacov Moshe Shurkin, which is appended to the Shiurei Rabi Yaacov Moshe Shurkin of his grandfather (the magid shiur from Chaim Berlin); although this question is attributed to אחד מספרי מחברי זמנינו, with no more precise reference.

In this case, I imagine the omission of a specific reference is not due to hashkafic concerns, nor to the author cited being too modern, as R. Cohen is quite a kanai who is affiliated with Satmar and Natruna, and has written several books espousing anti-Zionism. I think it’s more likely in this case that the reference is obscured because it doesn’t “pas” to quote halachic material in a sefer from an English book.

Another example of revision by omission as relates to Rav Soloveitchik appears in R. Shimon Yosef Meller’s Harav MiBrisk volume 4, p. 17. The story about the Brisker Rav refusing to speak to a Rav who had helped Solomon Freehof is clearly taken without attribution from Rav Schachter’s Mipninei Harav, and Echad Mibnei Mishpachas Maran is obviously the Rav.

Rav Schachter’s omission of this particular Rav’s name is a different kind of omission, as that omission is because the story is rather critical of him. Rav Schachter often omits the names of Rabbanim towards whom Rav Soloveitchik expressed criticism. (This is in contrast to the prior examples of omission, where the omission is meant to prevent someone else from looking bad due to their association with the person or institution whose name is omitted, or because it doesn’t “pas” to cite that person or give him publicity.) I will follow suit and not mention the name of the Rav who helped Freehof, although his identity was first pointed out to me by my good friend Rabbi Dovid Bashevkin, and should be known to those who have thoroughly read through Dr. Shapiro’s “Saul Lieberman and the Orthodox.”

In R. Meller’s new biography of Rav Chaim Soloveitchik, Raban Shel Kol B’nei HaGolah (volumes 1 and 2), he appears to have reversed course somewhat, and does cite many times from Rav Schachter’s Nefesh Harav series, as well as from Ish Hahalacha, and other sources from Rav Soloveitchik. However, some sources still appear be out of bounds for citation. For example, the material from the government archive cited in Raban Shel Kol B’nei HaGolah volume 1 p. 396-399 appears to be taken without attribution from the updated version of Dr. Shaul Stampfer’s Hayeshiva Ha-Litait Be-Hithavuta. The Yesh HaSvurim mentioned on p. 400 who attribute the closing of Volozhin to the government’s concern about the chaos and machlokes in the yeshiva, rather than the government’s desire for secular education, would appear to be referring to Dr. Stampfer.

Another recent example of omission was brought to my attention by my father-in-law, R. Dovid Grosser, and is found in a recent appreciation of Rav Moshe Bick that appeared in Hamodia on September 9, 2020. “Immediately upon his arrival in New York, the young Rav Moshe spent his days in the “Poilishe shtiebel,” learning diligently. Eventually, he joined a suitable yeshivah, led by outstanding Gedolei haTorah… At that time, the renowned Gaon, Harav Shimon Shkop, zt”l, Rosh Yeshivah of Grodno, was in America for a fundraising visit and briefly served as a Rosh Yeshivah there… Subsequently, Harav Moshe Halevi Soloveitchik, zt”l, son of Harav Chaim of Brisk, zt”l, served as Rosh Yeshivah.”

I admit that I am perplexed by the purpose of this omission, as the references to Rav Shimon Shkop and Rav Moshe Soloveitchik make clear that this is referring to Yeshivas Rabeinu Yitzchak Elchanan. I don’t know what is gained by not mentioning the name, when it is clear which yeshiva Rav Bick attended. More misleading, however, is an Editor’s note about Rav Bick that appeared in the Jewish Observer (January 1991).

While it may be true that Rav Bick initially enrolled in Yeshivas Rabeinu Yitzchak Elchanan on the Lower East side before there was a college program, he certainly continued to learn there in Washington Heights, after the college was already operating. The move uptown occurred in January 1929, and Yeshiva College was founded in March of 1928, and graduated its first class in June of 1932.[15] Rav Moshe Soloveitchik only departed from Europe for America on September 18, 1929.[16] For Rav Bick to have learned under Rav Moshe, as the Jewish Observer mentions, he had to have been learning in RIETS in the uptown campus, and after the establishment of the college program. (I am not claiming that Rav Bick himself attended the college program, only that he learned in RIETS after the establishment of the college program, contra to the implication of the Jewish Observer.)

Returning to Rav Soloveitchik, one of the more well-known examples of revision by omission as relates to Rav Soloveitchik is Rav Chaim Dov Altusky’s Chiddushei Basra Al Chiddushei HaMasbir. As is well known, the “Masbir” refers to Rav Soloveitchik. (This has been documented previously on the Seforim Blog by Rav Nosson Kamenetsky.[17] See also Rav Shlomo Pick’s “The Rav: Biography and Bibliography” fn. 6, in BDD volume 6, where Rav Pick sharply criticizes Rav Altusky’s behavior.) As mentioned earlier in this post, Rav Schachter says he does not remember anything that Rav Gorelick said about Sanhedrin from his time in Rav Gorelick’s shiur. However, he did preserve many interesting haaros from Rav Gorelick at the time in his notes, and these have been published in the footnotes of my Shiurei Harav on Sanhedrin. Rav Schachter told me that Rav Gorelick would often ask him what the Rav said about a certain topic, and would then comment on what the Rav said, and these are the comments that Rav Schachter recorded at that time. Some of these comments are also reproduced in Rav Altusky’s Chiddushei Basra Al Chiddushei HaMasbir on Sanhedrin, which is based on Rav Schachter’s notes from the Rav’s shiur, without attribution to either. Rav Altusky, however, misunderstood some of Rav Schachter’s citations of Rav Gorelick. For example, on Sanhedrin 3a (p. 11), he cites an explanation in the name of “Rabeinu Yerucham”, but this is actually Rav Yerucham Gorelick’s explanation.

Rav Schachter attributed the explanation to רירוחם in his notes, and Rav Altusky misunderstood the reference.[18] By Sanhedrin 5b (p. 18), Rav Altusky apparently realized that these references were to Rav Gorelick, and he cites דודי הרהג רירוחם זל. (Rav Altusky’s mother was Rav Gorelick’s sister.)

For more on Rav Gorelick and his family, Rav Simcha Elberg wrote a beautiful appreciation of Rav Gorelick in his Einei Ha-eida. On p. 119, Rav Elberg writes that Rav Gorelick’s home was not an apartment with rooms; his home was a beis medrash. And the crowning achievement of Rav Gorelick’s life’s work was his home, in which he raised all of his sons to be Gedolei Torah Ve-yirah, as well as great marbitzei torah.

I would add that the aforementioned Rav Leib Gorelick is a great talmid chacham and lamdan. In my interactions with him, I have been astonished at his wide-ranging knowledge of even obscure rishonim and other seforim, as well as his analytic abilities. Listen here at approximately 1:35:15 to 1:38:13 where Rav Schachter cites a lomdish explanation from Rav Leib to explain the Rama in 472:4 who says that only women rely on the opinion of the Ravyah that heseiba is no longer required.[19] (Rav Leib has been suffering from some health problems lately and readers are asked to daven for Mordechai Leib ben Chana.[20])

Besides for Rav Leib, another son, Rav Tzvi Abba Gorelick was a Rosh Yeshiva at the Yeshiva Gedolah Zichron Moshe in South Fallsburg. Another son, Rav Chaim Ozer Gorelick, is author of sefer Otzar Chaim, and is currently Rosh Yeshiva of Yeshiva Gedolah of Spring Valley. I think the blog readers will find interesting this excerpt about Rav Chaim Ozer Gorelick, and the continuation about Rav Aharon Lichtenstein, from Alt un Nay in Yisrael, by Nissan Gordon, in 1964.

I will translate the excerpt for those readers who don’t read Yiddish:

The young bochurim and yungeleit who learn by Rav Berel, as Rav Velvel’s bechor is called in the Yerushalmi yeshiva world, sit and learn b’kvius in the Achva neighborhood shul, and to shiur they come to the Rosh Yeshiva’s house. And indeed here, in the illuy’ish chabura, who learn by Rav Soloveitchik, a cousin of our American Rav Soloveitchik from Boston and New York, I found a bochur’l from the Bronx, on whom the Yerushalmi lomdim testified, that he is among the best, if not the very best, student in the Brisker chabura. The bochur’l is called Chaim Ozer Gorelick, a name after the great Rav of Vilna, and a son of Rav Yerucham Gorelick from the Bronx, a Rosh Yeshiva in Yeshivas Rabeinu Yitzchak Elchanan and himself one of the b’nei aliyah in the world of lomdus and actions for Torah in America.”

It seems the original “best bochur in Brisk” was Rav Chaim Ozer Gorelick, who indeed became a great talmid chacham. The following is a translation of the ensuing conversation with Rav Berel about Rav Aharon Lichtenstein:

Do you correspond with your famous cousin in America?”, I asked a quick question to Rav Soloveitchik of Yerushalayim.

In Brisk we don’t write letters[21]”, came a fast answer with an addition, that he did meet with his cousin’s son-in-law, Rav Dr. Aharon Lichtenstein, when the young Rosh Yeshiva and scholar was on a visit in Israel. “We spoke in learning and he is a great lamdan”, did the Yerushalmi Soloveitchik notice about his cousin’s son-in-law, who is an assistant Rosh Yeshiva to his father-in-law in Yeshivas Rabeinu Yitzchak Elchanan, and a professor in Stern College.

Meaning that there is room for both, for Torah and worldly knowledge”, I tried asking Rav Berel, knowing the strong speaking out of the house of Brisk in Yerushalayim against learning anything other than Torah.

Sometimes succeeds…an exception…and from an exception we don’t bring a raya”, he didn’t leave me to wait long for his answer.

One final recent example of revision by omission that I want to call attention to, is from the journal Hamaor (Nissan-Iyar 5779, p.5). A piece from Rav Chaim Soloveitchik’s chiddushim is published there, which was written down in 1932 by his nephew Rav Yisrael Soloveitchik. The piece is an alternate version of the piece that was eventually published in Rav Chaim’s sefer, on Hilchos Chametz U’Matza Perek 6 about greira. We are told that Rav Yisrael attached the divrei torah to a letter from Erev Pesach 1932, and that he wrote to the recipient that it would be an Oneg Yom Tov for him to read.

What we are not told, however, is that this letter and accompanying divrei torah were sent to Rav Herzog, and are found in Rav Herzog’s archive.[22] (I had not yet come across this letter when I wrote my Seforim Blog posts on Rav Herzog’s archive.) Here is the first page of the letter, addressed to Rav Herzog, with the mention of the divrei torah from Rav Chaim, and then the first page of the divrei torah.

Additionally, the transcription in Hamaor contains numerous errors. I plan to publish an accurate transcription in my forthcoming sefer שש אנכי.

These are some examples of revision by omission that I have come across recently. I am certain that there are many more waiting to be discovered.

Regarding Rav Herzog, here are a few photos that the blog readers will enjoy, of Rav Herzog being mesader kiddushin at the wedding of a young Shlomo Gorenczik. The entire photo album is available in Rav Goren’s archive.[23] It is also noteworthy that the wedding seudah was separate seating.

Appendix: The Rav and Professor Saul Lieberman on the Langer Case

Related to Rav Goren’s archive, I know that the blog readers are especially interested in the Rav and Professor Saul Lieberman, so I thought I would make note of their positions on the Langer case, which to the best of my knowledge have not been noted yet.

The Rav addressed the Langer case in his well-known speech in 1975 on the topic of the Rabbi Rackman’s aguna plan.[24]

However, if you think that the solution lies in the reformist philosophy, or in an extraneous interpretation of the Halacha, you are badly mistaken. It is self-evident; many problems are unsolvable, you can’t help it. For instance, the problem of these two mamzerim in Eretz Yisrael – you can’t help it. All we have is the institution of mamzer. No one can abandon it – neither the Rav HaRoshi, nor the Rosh HaGola. It cannot be abandoned. It is a pasuk in Chumash: “לא יבא ממזר בקהל ה‘”. It is very tragic; the midrash already spoke about it, “והנה דמעת העשוקים“, but it’s a reality, it’s a religious reality. If we say to our opponents or to the dissident Jews, “That is our stand” – they will dislike us, they will say that we are inflexible, we are ruthless, we are cruel, but they will respect us. But however, if you try to cooperate with them or even if certain halachic schemes are introduced from within, I don’t know, you would not command love, you would not get their love, and you will certainly lose their respect. That is exactly what happened in Eretz Yisrael! What can we do? This is Toras Moshe and this is surrender. This is קבלת עול מלכות שמים. We surrender.[25]

The Rav is clearly referring to the Langer case, and he considered Rav Goren’s heter to be illegitimate. He refers to the Langers as two mamzerim, and he uses the Langer case as an example of something “unsolvable” and that “you can’t help it.” He seems to be using Rav Goren’s heter as an example of “an extraneous interpretation of the Halacha.” And according to the Rav, the more appropriate response would have been to surrender to halacha; that the attempted heter was a futile attempt to coax love out of dissident Jews. I have not seen this speech of the Rav mentioned in the context of the Langer case and I thought it appropriate to mention here.

It appears that Professor Lieberman felt differently. This is a heretofore unknown, and very fascinating letter that he wrote to Rav Goren supporting the heter, found in Rav Goren’s archive, with my transcription below.[26] (Rav Goren’s response to this letter is printed in “Saul Lieberman and the Orthodox, Hebrew section p. 9.) Lieberman’s cynicism in this letter is biting, and he seems to be rather hurt and bitter. The advice and observations that he shares with Rav Goren are obviously informed by his own experiences. I would ask if any readers (or Dr. Shapiro) have any idea which Gedolei Torah asked Lieberman to review Rav Goren’s psak. I am also not entirely clear on Lieberman’s explanation at the beginning of the letter as to why he is not offering a bracha. I think it is related to what he writes in his postscript from his wife, and that he viewed Rav Goren’s appointment with ambivalence because of the difficulty in the position, but any further suggestions from readers would be appreciated.

בעהי אור ליום גפרוישלח תשלג

לידינ הגאון הגדול וכווכומוהרר שלמה נרו

לא כתבתי לך ברכה מפני שלא היה לבי שלם אתי, אבל התפללתי בלב שלם שהיצליח את דרכך. היום קראו לי מרדיו ירושלים ובקשו ממני לחוות את דעתי על הפסק שלך ולמרות הלחץ עמדתי בשלי ואמרתי שלא חקרתי את הדבר ואין לי מה לומר. אבל לך אכתוב את האמת: יברך אותך הויישר כוחך. אני מכיר גם את תורתך ואת יראת שמים שלך, ובטוח אני שצדקת. לא אמרתי להם כן, מפני שחששתי שאגרום לך רעה. יאמרו הקנאים נמצא עוד רב קונסרבטיבי שמסכים להרב הראש—[27], מצא מין את מינו.

בהיותי בקיץ בירושלים לחצו עלי גדולי תורה מן הרבנים שאקרא את תשובתך בענין, וסרבתי בהחלט. אמרתי: אין לי פנאי. הבינותי את כוונתם. דע לך שבמקום שיש קנאה ושנאה שום דבר אינו מועיל. אף פעם לא תפייס את הקנאים, ובעיקר את המקנאים. אם תכנע להם תאבד את עולמך. אני מכיר יפה מה שעשית בצבא, ולוא נוצרת רק לשם זה כבר קנית את עולמך. אדם ירא שמים אמיתי יחשוב עשר פעמים לצאת נגדך אפילו אם יהיבטוח שלא כיוונת לאמת. עליך להחזיק בידידים שלך יפה, יפה, מפני שקל מאד לאבד ידיד (בפרט אם הוא איננו גדול בתורה ואינו בר דעת), ושונא מקנא לעולם לא תהפוך לידיד, וכל מה שתעשה בשבילו אינו אלא לשעה קלה. יבטל את תורתך ויכפור ביראתך. לך והצלח וישמור שומר ישראל עליך.

בכבוד ובאהבה,

שאול ליברמן

הגבשלי מבקשת למסור דרש להרבנית שתחי‘. רצתה גם היא לכתוב אלא שעדיין אינה מרגישה את עצמה בטוב. היא באמת שמחה על בחירתך, שהרי היא אינה יודעת מהו להיות רב בירושלים.

[1] https://seforimblog.com/2009/10/some-assorted-comments-and-selection-2/
[2] https://www.hebrewbooks.org/pdfpager.aspx?req=50519&st=&pgnum=39
[3] https://www.hebrewbooks.org/pdfpager.aspx?req=50519&st=&pgnum=42
[4] https://www.hebrewbooks.org/pdfpager.aspx?req=50521&st=&pgnum=255
[5] See R. Gil Student’s criticism here: https://www.torahmusings.com/2009/10/reb-yerucham-and-yu/. See also: http://theantitzemach.blogspot.com/2008/01/blog-post_13.html and https://machshavos.wordpress.com/2013/01/02/r-yerucham-gorelick-and-talmud-vs-hashkafa/.
[6] https://www.yutorah.org/lectures/lecture.cfm/741763/rabbi-hershel-schachter/remembering-rav-yeruchim-gorelik/ at approximately 5:08, 11:57 and 18:09
[7] https://matzav.com/engagement-of-grandchildren-of-rav-chaim-dov-keller-and-rav-yitzchok-sorotzkin/
[8] For a full collection of Rabbi Hoffman’s own divrei torah, see http://yeshivasbrisk.freeservers.com/netvort.html. For Rabbi Hoffman’s thesis on Rav Gavriel Zev Margolis, see http://repository.yu.edu/handle/20.500.12202/4899
[9] See Yated Ne’eman (English), August 21,2020, page 46-47
[10] My thanks to Rabbi Menashe Mazurek and Rabbi Avi Harari for bringing this reference to my attention
[11] https://hebrewbooks.org/pdfpager.aspx?req=46424&st=&pgnum=672
[12] https://hebrewbooks.org/pdfpager.aspx?req=46424&st=&pgnum=674. Here, the three possibilities, as well as the rejection of the third possibility, are attributed to “Gedolei Torah”.
[13] My thanks to my good friend Rabbi Nosson Rich for providing the scans from “Read and Remember”.
[14] https://www.hebrewbooks.org/pdfpager.aspx?req=50479&st=&pgnum=629
[15] https://www.yu.edu/about/history
[16] The Rav, volume 1, p. 9
[17] https://seforimblog.com/2012/12/a-letter-from-r-nathan-kamenetsky/
[18] Another error is on 7b (p.30), where Rav Altusky has a discussion about whether דינו לבקר משפט applies to ”אומות העולם”. This entire section is mistaken, because the Rav spoke about “איסור והיתר”, not ”אומות העולם”. Rav Schachter had written אוה in his notes and Rav Altusky opened the abbreviation incorrectly.
[19] See here.
[20] https://www.thelakewoodscoop.com/news/2020/12/tehllim-reb-leib-gorelick-to-undergo-emergency-surgery.html
[21] I assume he was referring specifically to social correspondence that they don’t write in Brisk, not torah correspondence.[22] https://www.archives.gov.il/archives/Archive/0b07170680024756/File/0b071706806d9fc7 on p. 49-53.[23] https://www.archives.gov.il/archives/Archive/0b07170684e17c68/File/0b07170687520f3c
[24] https://www.yutorah.org/sidebar/lecture.cfm/767722/rabbi-joseph-b-soloveitchik/gerus-mesorah-part-1/ at approximately 39:00 to 40:53.
[25] Transcription from https://www.torahweb.org/torah/special/2019/ryds_rietsalumni.html
[26] https://www.archives.gov.il/archives/Archive/0b07170684e17c68/File/0b07170685459764 on p. 281.
[27] I was expecting this word to be הראשי but there appear to be two hyphens at the end. Does it say הראשיי with two yud’s? I don’t believe that is a common spelling. I would be indebted to any reader who can explain what this means.




Gems from Rav Herzog’s Archive (Part 2): Sanhedrin, Dateline, the Rav on Kahane, and More

Gems from Rav Herzog’s Archive (Part 2):
Sanhedrin, Dateline, the Rav on Kahane, and More
By Yaacov Sasson
EDIT Please see this post for a crucial correction – it is the conclusion of the Rav’s family that the letter  in the Herzog Archive about Kahane is a forgery.
This post continues from Part 1, here.
V Renewal of Sanhedrin
Another important file in Rav Herzog’s archive is his file on the renewal of Semicha and the Sanhedrin.[1] Among other letters, the file contains an unpublished letter from Rav Herzog to R’ Yehuda Leib Maimon regarding the issue. R’ Maimon was a well-known Mizrachi leader, the first Minister of Religion of the State of Israel, and the most vocal advocate of renewing the Sanhedrin. To that end, he wrote a series of articles on the topic in Ha-Tzofeh and Sinai, which he collected into a book in 1950, entitled Chidush Ha-Sanhedrin BeMedinateinu Hamechudeshet. Renewal of Semicha and Sanhedrin was of course not without opponents. Rav Herzog instructs R’ Maimon to proceed slowly and with caution, as there are a number of unresolved issues regarding renewal of Semicha which require great care and deliberation.
There were two main halachic objections to the renewal of Semicha. The first (not mentioned here by Rav Herzog) is based on the language of the Rambam in Sanhedrin 4:11, the very same halacha in which he suggests the possibility of the renewal of Semicha. The Rambam writes there:
נראין לי הדברים שאם הסכימו כל החכמים שבארץ ישראל למנות דיינין ולסמוך אותן הרי אלו סמוכין ויש להן לדון דיני קנסות ויש להן לסמוך לאחרים אם כן למה היו החכמים מצטערין על הסמיכה כדי שלא ייבטלו דיני קנסות מישראל לפי שישראל מפוזרין ואי אפשר שיסכימו כולן ואם היה שם סמוך מפי סמוך אינו צריך דעת כולן אלא דן דיני קנסות לכל שהרי נסמך מפי בית דין והדבר צריך הכרע.
The intention of the Rambam in his concluding words, Ve-hadavar tzarich hechrea, has been the subject of dispute for hundreds of years, going back to the dispute of the Mahari Beirav and the Ralbach, with some authorities believing that the Rambam was mesupak whether Semicha could in fact be renewed. A novel approach to the issue was suggested by Dr. Bernard Revel in an article in Chorev, Volume 5 (1939). Dr. Revel suggested the possibility that the final three words, Ve-hadavar tzarich hechrea, are not be the words of the Rambam himself, but were added later by another person who disagreed with the Rambam’s innovation.[2] Dr. Revel cited statements of other rishonim which he believed supported his theory. R’ Maimon addressed this issue in the introduction to his book, in the footnote, writing that the three words, Ve-hadavar tzarich hechrea, do not appear in “kama kitvei yad” (several manuscripts), thus supporting Dr. Revel’s hypothesis.
 
However, there is no evidence that any such manuscripts actually exist. The Frankel edition of the Rambam does not cite any alternate nusach that excludes these three words. Additionally, Professor Eliav Schochetman[3] wrote nearly 30 years ago that he found no evidence of any such manuscript in the numerous manuscripts that he consulted from across the world.

 

 
There are two potential explanations to what happened here. One potential explanation is that R’ Maimon simply lied about the existence of these kitvei yad in order to advance his agenda of renewing the Sanhedrin. Alternatively, Rabbi Eliyahu Krakowski has suggested a limud zchut – perhaps R’ Maimon forgot what Dr. Revel had written and mistakenly believed that Dr. Revel had uncovered manuscripts supporting his thesis[4], or he never saw it himself and was misinformed as to what Dr. Revel wrote, in which case R’ Maimon would be guilty of carelessness rather than dishonesty.
The second major halachic objection to the renewal of Semicha is the issue of the Samuch’s qualifications. The Rambam in Sanhedrin 4:8 writes that a Samuch must be rauy lehorot be-chol hatorah kula, capable of ruling on the entire Torah. Rav Herzog mentions in this letter to R’ Maimon that the Ralbach objected to renewal of Semicha on the grounds that no one is rauy lehorot be-chol hatorah kula. (This was also the position of the Radvaz, in his commentary on Sanhedrin 4:11.) Rav Herzog adds that if he said so in his generation, anan aniyey de-aniyey mah na’ane abatrei? Rav Herzog then makes a somewhat novel suggestion, one with halachic ramifications for the issue of renewal of Semicha. Rav Herzog suggests that rauy lehorot be-chol hatorah kula does not mean that the Samuch must literally know by heart all the relevant halachic sources. A similar approach was also suggested by the Rav[5] and the Steipler.[6] In the language of the Rav, the Samuch need not possess “universal knowledge”, rather a “universal orientation.” While this approach would certainly remove this barrier to renewal of Semicha, Rav Herzog concludes, however, that the matter requires extensive clarification and discussion, and as long as this point has not been clarified, there can be no possibility of renewing the Sanhedrin.

 

There are a number of talmidei chachamim in the last century who have deemed others to be rauy lehorot be-chol hatorah kula, in contrast to the position of the Ralbach and the RadvazFor example, in his 1935 recommendation letter for the Rav regarding the Chief Rabbinate in Tel Aviv, publicized by Dr. Manfred Lehmann[7], Rav Moshe Soloveichik wrote that the Rav is rauy lehorot veladun be-chol dinei hatorah like the mufla on the Sanhedrin. In Rav Moshe Mordechai, the biography of Rav Moshe Mordechai Shulsinger (page 275), it is related that the Chazon Ish listed to his student Rav Shlomo Cohen (Rav Shulsinger’s father-in-law) the names of 32 Rabbis whom he believed to be rauy lehorot be-chol hatorah kula and worthy of sitting in the Sanhedrin, among them the Chafetz Chaim and Rav Meir Simcha. It would appear that Rav Moshe Soloveichik and the Chazon Ish also assumed the more lenient definition of rauy lehorot be-chol hatorah kula, in line with the position of Rav Herzog, the Rav and the Steipler.
VI Halachic Dateline
The archive contains an entire file dedicated to the question of the Halachic Dateline.[8] Rav Herzog was of course involved in the Dateline controversy in 1941. At that time, some members of the Mir Yeshiva, among other Jews, were located in Japan for Yom Kippur and they sent a telegram to Rabbis Mishkovsky, Alter, Herzog, Soloveichik, Finkel and Meltzer asking for guidance. Rav Herzog convened a meeting of a number of Rabbis to decide how to proceed, and sent a telegram back to Japan with their instructions. The file contains copies of the telegrams, much of Rav Herzog’s correspondence on the issue, as well as a kuntres on the topic prepared by Rav Tukachinsky that was distributed in advance of the meeting. Most of the significant material in this file has already been published in Kovetz Chitzei Giborim – Pleitat Sofrim Volume 8, in an extensive article by Rav Avraham Yissachar Konig, which was previously reviewed on the Seforim Blog by Dr. Marc Shapiro.[9]
Rav Konig’s most significant contribution is showing that Rav Herzog’s letter as published in Rav Menachem Kasher’s Kav Ha-taarich Ha-yisraeli has been altered from Rav Herzog’s actual letter. Here is Rav Herzog’s letter to Rav Kasher as it appears in the archive:
And this is the letter as printed at the beginning of Rav Kasher’s Kav Ha-taarich Ha-yisraeli:
 
There are three sentences that have been omitted from Rav Herzog’s letter as presented at the beginning of Rav Kasher’s volume. (I would add the following point that Rav Konig failed to mention – Rav Kasher wrote explicitly on page 248 that he presented the letters at the beginning of the volume in full.) The following sentences have been omitted from Rav Herzog’s letter:
הנני להודיע עכשיו שבדיעה זו אני ממשיך ומחזיק היום. אני תפלה שיזכני הקב”ה לעיין בעצם שאלת קו התאריך ולבדוק את כל הדיעות ולהגיע לידי דיעה עצמית. אולם לעת עתה אינני נוקט שום עמדה בהן.
This omission creates the impression that Rav Herzog had a definitive position on the question of the Dateline. However, this is obviously not the case; Rav Herzog never came to any conclusion on the issue of the Dateline, as is clear from the omitted sentences, as well as from a number of other letters in the file. In fact, Rav Konig has shown that in Rav Kasher’s response to this letter, he actually complained to Rav Herzog about these specific sentences for this reason. From Rav Herzog’s original letters, it appears that his position on the question of Japan was one of hanhaga bemakom safek (i.e. instruction on how to act in absence of a clear conclusion on the location of the Dateline) not a definitive hachraa. (Rav Konig elaborates on Rav Herzog’s position at length.) The first sentence above, that Rav Herzog stands by the position of the Rabbinic meeting, in conjunction with Rav Herzog’s statement that he has no definitive opinion on the matter of the Dateline, also implies that the position of the Rabbinic meeting convened by Rav Herzog was also one of hanhaga bemakom safek. (This point is also clear from Rav Herzog’s letter to Dr. Yishurun, also in the file, that the Dateline matter remained unresolved, and the meeting of Rabbis came to no definitive conclusion on the location of the Dateline. They issued their instructions to Japan based on the majority of opinions regarding location of the Dateline, with no consensus on the issue itself.) The altered version of Rav Herzog’s letter creates the false impression that Rav Herzog had a definitive opinion on the Dateline question.
However, I must take issue with one point made by Rav Konig. In his footnote 54, he criticizes Rav Herzog for his language in the telegram sent to Japan. Rav Konig writes that the language of the telegram is misleading, and creates the false impression that the telegram represents the position of the six rabbis (Rabbis Mishkovsky, Alter, Herzog, Soloveichik, Finkel and Meltzer) to whom the telegram from Japan was addressed. This is Rav Konig’s critique, in footnote 54:
Unfortunately, Rav Konig has been misled by an inaccurate translation of Rav Herzog’s telegram. Rav Herzog’s original telegram was written in English, and Rav Konig tells us (footnote 55) that he has relied on the translation to Hebrew as it appears in the Encyclopeida Talmudit, in the addendum to the entry on “Yom”, (coincidentally also in footnote 55.) That translation is taken from Rav Kasher’s Kav Ha-taarich Ha-yisraeli on page 246. This is the telegram sent by Rav Herzog, as it appears in the archive:
An accurate translation to Hebrew would be as follows:
בתשובה למברק שלכם מיום 12.9, אספת רבנים בנשיאותי החליטה שתצומו ליום כיפור ביום רביעי לפי חשבון הנהוג ביפן וכו’
This is the mistranslation in Rav Kasher’s Kav Ha-taarich Ha-yisraeli:
Translated accurately, Rav Herzog’s telegram does not imply that the six Rabbis to whom the question was addressed are providing the answer. The main difference is a subtle, but significant one. Rav Herzog wrote “meeting rabbis my presidency”, which Rav Kasher mistranslated to Asifat Ha-rabbanim, “meeting of the rabbis”, and he neglected to translate “my presidency” at all. As noted by Rav Konig, Asifat Ha-rabbanim (with the hey ha-yedia) implies the known Rabbis, i.e. the Rabbis to whom the question was addressed. Correctly translated, however, Asifat Rabbanim be-nesiuti, “a meeting of Rabbis under my presidency” (without the hey ha-yedia) does not imply that Rabbis Mishkovsky, Alter, Soloveichik, Finkel and Meltzer were involved in the decision. Rav Konig was unfortunately misled by Rav Kasher’s mistranslation, which was also repeated by Encyclopeida Talmudit. The attack on Rav Herzog’s integrity is entirely unwarranted.
There appears to be a second very subtle error in Rav Kasher’s translation. Rav Kasher’s translation states flatly that the Taanit of Yom Kippur is on Wednesday, implying a definitive hachraa. Rav Herzog’s telegram actually says that the decision was that they should fast on Wednesday for Yom Kippur, language which is consistent with a hanhaga bemakom safek. This would also fit with Rav Herzog’s personal addendum, that the Jews in Japan ought to keep Thursday as a fast day as well while eating leshiurim. Given Rav Kasher’s apparently less-than-honest presentation of Rav Herzog’s letter, as noted above, one might surmise that this “error” was also a willfull misrepresentation of the contents of the telegram, intended to advance Rav Kasher’s preferred narrative of a definitive hachraa, in accordance with his own position.
VII Yibum B’zman Hazeh
In addition to the documents related to Rav Herzog’s tenure as Chief Rabbi of Israel, there are also a number of files from his tenure as Chief Rabbi of Ireland. Among his correspondence from his time is Ireland is a fascinating teshuva, written by Rav Kasher in 1936, regarding the issue of Yibum B’zman Hazeh.[10] The background to the question: an Ashkenazi Yavam and Yevama living in Israel want to marry via Yibum, rather than doing Chalitza. Must the beit din protest, or can the beit din allow the Yibum? This teshuva was printed by Rav Kasher in the inaugural volume of Talpiot[11] (1944), and also appears in his Divrei Menachem Volume 1, Teshuva 31. Interestingly, Rav Kasher’s conclusion in the original teshuva differs significantly from the conclusion in the teshuva that he eventually published in Talpiot and Divrei Menachem.
Here is the conclusion of the teshuva as it appears in Rav Herzog’s archive, at the end of page 11 continuing to page 12:

 

Here is the conclusion of the teshuva as it appears in Divrei Menachem:
 
Originally, Rav Kasher concluded that the beit din should try to convince the couple to do chalitza, but if beit din is unsuccessful, and if the couple is religious, then beit din should teach them to have kavana l’shem mitzvah and need not protest the yibum. The concluding sentences were removed from Rav Kasher’s published teshuva, and the ending simply states that beit din try to convince them to do chalitza. (The teshuva as published is actually quite awkward, as it is clearly building towards the conclusion that they may do yibum, yet ends abruptly without stating this conclusion.) Apparently, Rav Kasher censored his own conclusion. He does stipulate at the end of the original teshuva that he is writing le-halacha ve-lo le-maase until the Gedolei Ha-Rabbanim in Israel agree to permit the yibum. It is possible that Rav Kasher did not receive such approval, and subsequently decided to censor his own conclusion when he published the teshuva.
VIII The Rav on Rabbi Meir Kahane
In addition to the archives of Chief Rabbi Herzog, the archives of his son, President Chaim Herzog, have also been scanned and are available. A very intriguing file in his archive is the file dedicated to Rabbi Meir Kahane.[12] A fascinating document in that file is a letter about Kahane written to Herzog by the Rav in the summer of 1984. The background to the letter: in 1984, Kahane became a member of the Knesset, representing the Kach party. Traditionally, during the process of building a coalition, the president would invite every party to take part in coalition negotiations. Herzog, however, snubbed Kahane and refused to invite him.[13] It was in response to this snub that the Rav wrote the letter below to Herzog, which is surprisingly supportive of Kahane:
 
The Rav starts by mentioning his close relationship with Rav Herzog, and that Chaim Herzog was actually named for his grandfather, the great Rav Chaim Soloveichik of Brisk.[14] The Rav says that he cannot understand how Herzog could invite the representatives of Arafat, but did not invite Kahane. The Rav adds that Kahane is “ktzat talmid chacham” despite his shigonot, and that he is a yarei shamayim who fights for the Torah and kvod shamayim. The Rav says that someone as energetic as Kahane should be moderated and he could contribute.
(Other sources have portrayed the Rav’s view of Kahane far more negatively, claiming that the Rav regarded Kahane’s “selective citation of Jewish sources as a distortion and desecration of Torah.”[15] Additionally, it is related that, at some point in the 1980s[16], the Rav told others that Kahane should not be given a platform to speak at YU.[17] I am not sure how to reconcile this portrayal of the Rav’s view of Kahane with the Rav’s own letter to Herzog that was rather supportive and praising of Kahane.)
The Rav then gives Herzog some gentle mussar for being irreligious and encourages him to keep mitzvot while in public as a Kiddush Hashem. Herzog’s response to the Rav also appears in the same file.
Kahane and Herzog had quite a contentious (non-)relationship, extending far beyond the coalition snub, as is evidenced by the rest of Herzog’s file on Kahane. This is a scathing column that Kahane wrote for the Jewish Press, also found in Herzog’s archive, in which Kahane dubs Herzog “vinegar son of wine”, among other insults:
 
Additionally, Kahane’s Kach party presented Herzog with the inaugural Pras Idud Ha-hitbolelut – “Award for the Encouragement of Assimilation” 5745, as appears below:
 
The above is a sampling of the important and interesting documents contained in the archives. As mentioned, there is certainly much more fascinating material to be found. In the meanwhile, אנו יושבים ומצפים לגאולה שלמה, ייתי ונחמיניה.
[2] http://www.hebrewbooks.org/pdfpager.aspx?req=23218&st=&pgnum=16. See also Rav Chaim David Regensburg’s criticism of this thesis in Kerem Volume 1, pages 93-94 (also reprinted in his Mishmeret Chaim), and the comments of Rav Hershel Schachter brought in Shiurei Ha-rav (Sanhedrin), page 37, footnote 35.
[3] Shenaton Ha-Mishpat Ha-Ivri 14-15, page 235, footnote 77
[4] Dr. Revel did cite statements of other rishonim that he believed supported his view. Perhaps R’ Maimon mistakenly thought that Dr. Revel had supported his view with manuscripts of the Rambam, rather than other rishonim.
[5]  Nefesh Ha-rav page 18 footnote 22 , Shiurei Ha-rav (Sanhedrin) page 27. See also Leaves of Faith (volume 1) pages 121 and 134, where Rav Lichtenstein attributes this approach to Rav Moshe Soloveichik. From the other sources, it would seem that this approach was the Rav’s own. However, the recommendation letter that Rav Moshe wrote might imply that Rav Moshe also followed this approach.
[6] Kitvei Kehillot Yaakov Ha-chadashim, Sanhedrin, page 187.
[7] Sefer Yovel for Rav Yosef Dov Soloveitchik, jointly published by Mosad HaRav Kook and Yeshiva University, at the end of Volume 1 (unpaginated). The transcription, along with an image, is also available here.
Lehmann’s transcription of Rav Moshe’s letter appears to be mostly accurate, with one exception. Towards the end of the letter, Lehmann’s transcription reads as follows:
וגם הם בדור עשירי לעזרא איכא בי’ מכל צד וצד…
This meaningless sentence is obviously an error in transcription. The transcription should read:
וגם הך דדור עשירי לעזרא איכא בי’ מכל צד וצד…
meaning that the Rav has illustrious lineage and zchut avot on both his father’s and mother’s side. (See Brachot 27b for the source of this expression.) It is also clear from Lehmann’s translation that he misunderstood this line entirely and did not realize that it was referring to the Rav and his lineage. See the translation here.
[13] “Rabbi Kahane was the only party leader in the Parliament whom President Herzog refused to see in the consultations that led to the President’s asking Shimon Peres, the Labor Party leader, to form a government.” (New York Times, August 14, 1984)
[14] Herzog himself mentions this in his memoir, Derech Chaim, although it does not appear in the English translation, Living History. Rav Chaim passed away on July 30, 1918, and Herzog was born on September 17, 1918.
[16] The Rav’s last shiur at YU/RIETS was in 1985 (The Rav, Volume 1, page 43), at which point he withdrew from public life due to his illness. Presumably, this incident must have occurred at some point before then.



Gems from Rav Herzog’s Archive (Part 1 of 2): Giyus, Professor Lieberman and More

Gems from Rav Herzog’s Archive (Part 1 of 2):
Giyus, Professor Lieberman and More
By Yaacov Sasson
A tremendous resource that will be of great interest to Seforim Blog’s readers has been made available to the public. The entire archive of the great Rav Yitzchak Eizik Halevi Herzog, Ashkenazi Chief Rabbi of Israel, has been scanned and is now available online.[1] The archive contains hundreds of files on a wide range of topics, including Rav Herzog’s Piskei Halacha and Torah novellae, extensive correspondence on Israeli politics, Rav Herzog’s efforts to save Jews of Europe, and much more. Each file is dedicated to a specific topic, and many of these files contain upwards of a hundred pages of material. In short, the archive is a veritable treasure trove, and will be of great interest to those who are students of Torah, Halacha and Jewish history. Much of Rav Herzog’s Torah has been published in his numerous seforim; however, there is a significant amount of unpublished material in the archive. The purpose of this article is to make readers aware of some of the gems found in the archive, in particular the significant unpublished material. I have only begun to look through the vast amount of material that is available, and I am certain that there is much more to be found. The following are a select number of documents and files that I think will be of interest to the Seforim blog’s readers.
Giyus Bnai Yeshivot
The archive contains an entire file dedicated to the always controversial issue of giyus bnai yeshivot, whether yeshiva students ought to be drafted to the army or exempted from the draft.[2] Within this file, there is an approximately 50-page kuntres written by Rav Herzog in 1948, dedicated to a halachic analysis of the topic. To the best of my knowledge, this very significant kuntres was never published, and it does not appear in any of Rav Herzog’s seforim.[3]
Rav Herzog addresses the issue in an extremely thorough manner, and deals with a wide variety of relevant sources and issues, such as the definition of milchemet mitzvah, and the words of the Rambam at the end of Hilchot Shemita VeYovel, among other issues. For example, on page 27, he discusses the possibility of milchemet mitzvah in the absence of a king, and concludes that milchemet mitzvah is still possible if the community of Jews living in Eretz Yisrael approves of the war. On page 12, Rav Herzog suggests, based on a diyuk, that the Rambam’s words at the end of Hilchot Shemita VeYovel exempting talmidei chachamim from waging war do not apply to a war of ezrat yisrael miyad tzar. (A similar reading of the Rambam was suggested by Rav Aharon Lichtenstein, in “The Ideology of Hesder” (Tradition Fall 1981), and was reprinted in Leaves of Faith Volume 1.) Rav Herzog also makes a fascinating contention (on page 2), that the British were the current-day manifestation of Esav, putting forward their split hoof and hypocritically claiming to seek justice, while quietly attempting to undermine the Jewish cause by supporting their enemies. It is obviously not feasible to summarize a 50 page kuntres in a single blog post; I will simply present Rav Herzog’s main conclusion. Rav Herzog suggests (pages 12 and 34) that yeshiva students should not be subject to giyus malei, full conscription, even during wartime. Rather, they should be subject to giyus chelki, partial conscription of a few hours a week, doing what Rav Herzog terms “hishtatfut” in the war effort, such as local shemira and the like.
While this was Rav Herzog’s halachic conclusion in the kuntres, when the issue of forced conscription became a potential reality ten years later, Rav Herzog sent a heartfelt letter to Ben-Gurion, pleading for the exemption of bnai yeshivot, since they are already conscripted to the security of Torah and the heritage of Am Yisrael, and their Torah learning is a shield for Am Yisrael. This letter, which is found in the file of Rav Herzog’s correspondence with Ben-Gurion[4], appears below:

Another noteworthy document in the file on giyus bnai yeshivot is a 1948 telegram from the Roshei Yeshiva of the American yeshivot, expressing their shock at the possibility of giyus bnai yeshivot, and urging Rav Herzog and Rav Uziel to make sure that bnai yeshivot remain exempt from army service. The telegram appears below, as well as my transcription of the telegram into Hebrew:
נבהלנו מאד לשמוע שאומרים לבטל השחרור של בני ישיבות ולקחתם לצבאהדבר נוגע לנפש ורוח חיי אומתנו ויגרום חילול השם בין הגויים המשחררים בני ישיבות מעבודת הצבא אפילו בשעת מלחמההשתדלו בכל תוקף להעביר רוע הגזירהואין מעצר להש[םלהושיעבשם כל הישיבות,

Kotler Gordon Grosowski Zaks Joffen Levenstein Kalmanowitz Kamenetzki Bloch Belkin Shatz[k]es Soloveitchik Feinstein Ehrenfeld Hutner Lifshitz Leibowitz Korb Ruderman Rothenberg[5]
The telegram is especially noteworthy because of the appearance of the names of the Charedi Roshei Yeshiva, such as Rav Aharon Kotler, Rav Reuven Grozovsky, Rav Moshe Feinstein etc. together with the names of the more modern Roshei Yeshiva of RIETS: the Rav, Rav Yosef Dov Soloveichik, and Dr. Samuel Belkin. Such collaboration would seem to be almost impossible in later years.
II Professor Saul Lieberman on Rav Herzog’s Torat Ha-Ohel
Rav Herzog maintained a close relationship with Professor Saul Lieberman, as Dr. Marc Shapiro has mentioned previously on the Seforim blog[6], and noted in his “Saul Lieberman and the Orthodox”, page 22.[7] It should therefore come as no surprise that Rav Herzog’s archive contains correspondence between him and Lieberman. The letter that appears below was sent by Lieberman to Rav Herzog, and contains Lieberman’s haarot on Rav Herzog’s Torat Ha-Ohel, his sefer on the Rambam’s Hilchot Sanhedrin.[8] In this letter, Lieberman first discusses the proper girsaot in the relevant Rambam and the gemara in Makot regarding minuy dayanim. He then addresses Rav Herzog’s question of how it could be possible that bnai noach have a more extensive obligation of dinim than do Yisrael,[9] and Lieberman offers an elegant yeshiva-style distinction between dinei yisrael and dinei bnai noach to answer the problem. (A similar distinction was offered by Rav Aharon Lichtenstein, in Beit Yitzchak 8, page 89, and reprinted in his Minchat Aviv.) He offhandedly mentions that Rav Menachem Kasher had recently “acquired” some of his material, and then bemoans the fact that RY”D is too involved in the ol ha-tzibur and is not dedicating himself sufficiently to his Torah study, although he has the potential to become the Gaon Ha-Dor.
Lieberman’s letter appears below, and a transcription appears in Appendix A.
It is most likely that the RY”D to whom Lieberman referred was Rav Yaakov David Herzog, Rav Herzog’s son, as the context within the letter is dealing with Rav Herzog’s family. Rav Yaakov David had already published a scientific/critical edition of Mishnayot Brachot/Peah/Demai in 1945, at the young age of 24, and Lieberman wrote a Foreword to the volume.[10] Rav Yaakov David Herzog was eventually selected as Chief Rabbi of Great Britain in the 1960s, but declined the post due to his ill health.[11]
I also entertained the possibility that the RY”D to whom Lieberman referred is the Rav, Rav Yosef Dov Soloveichik. While this seems unlikely, it would fit nicely with the comments made by Rabbi Jacob Radin, as quoted by Rav Aaron Rakeffet[12], contrasting the Rav and Lieberman:
You know that I have attended classes in both the Seminary and the Yeshiva. I have studied with Professor Lieberman and the Rav. The Professor lectures a few times a week. He hurriedly finishes and rushes back to his research. Outside of his formal lectures, he is barely available to the students. On the other hand, the Rav is never alone. He has never finished a lecture on time. He always goes overtime. He remains in the classroom afterwards to carry on the Talmudic give and take with the students who cannot part from him. Even when he rises to leave, his disciples surround him and the discussion continues…This is the basic manifest difference between these two prodigious scholars.[13]
On Lieberman’s mention of Rav Kasher, this is the page that Lieberman referenced from Tosefet Rishonim:
And the page from Rav Kasher’s article in Sinai, Volume 18:
A number of the rather obscure sources in Rav Kasher’s lengthy footnote 2 appear to be taken from Lieberman’s Tosefet Rishonim.
III The Lieberman Ketuba
As is well-known, Lieberman introduced a new clause into the ketuba in the early 1950s in order to alleviate the aguna problem. The clause stipulated that the couple recognizes the authority of the beit din of the Rabbinical Assembly, and that upon dissolution of the marriage, the beit din would be empowered to administer penalties as it sees fit. The aim of these penalties would be to pressure the husband to give a get. In a number of letters from the 1950s (in a file regarding Even HaEzer issues[14]), Rav Herzog mentions that he himself came up with such an idea many years earlier when he was still Chief Rabbi of Ireland. He envisioned a separate document which would empower the beit din of London to administer financial penalties on a husband withholding a get. He mentions that he is unsure of Professor Lieberman came up with this idea himself, or if Lieberman actually got the idea from Rav Herzog.

Rabbi Emanuel Rackman wrote that it was widely believed that the Lieberman clause was examined by Rav Herzog, and that he had no objections.[15] This belief is certainly false, as Rav Herzog penned a strong protest to the proposed addition to the ketuba.[16] Rav Herzog’s main protest was due to the authority granted to the Conservative beit din. It is possible that the root of this misconception (that Rav Herzog approved of the Lieberman clause) is the fact that Rav Herzog independently envisioned a similar document or agreement, and that he entertained the possibility that Lieberman actually got the idea from him.
IV The Epstein Proposal
Another fascinating exchange between Rav Herzog and Lieberman is found in Rav Herzog’s file dedicated to Reform[[17] and Conservative Jewry[18], and relates to the Rabbinical Assembly’s 1957 attempt to resuscitate the Epstein proposal. Rabbi Louis Epstein had proposed, in his 1930 book Hatzaa Lemaan Takanat Agunot, that every husband, at the time of marriage, ought to designate his wife as a shliach to deliver her own get, in order to eliminate the aguna problem in the case of a missing husband or a get-refuser. The proposal was never implemented, in large part due to Orthodox opposition. In May of 1957, the Rabbinical Assembly attempted to resuscitate the Epstein Proposal at their Annual Convention at the Concord Hotel in Kiamesha Lake, New York. However, this attempt to revive the Epstein proposal must be viewed in light of the politics within the Conservative movement at that time. The following is an excerpt from the Presidential Report of Rabbi Aaron Blumenthal at the Rabbinical Assembly Convention[19]:

Note in particular Rabbi Blumenthal’s comments that the Seminary is an Orthodox institution, that its synagogue has separate seating and does not use the Rabbinical Assembly siddur, and that practically every faculty member added to the Talmud faculty in the last 15 to 20 years thinks of himself as an Orthodox Jew and has little regard for the Conservative movement. Given that Lieberman was the de-facto Rabbi of this synagogue, and that Lieberman ensured that the synagogue did not use the Rabbinical Assembly siddur, and that the synagogue maintained separate seating until Lieberman’s death[20], it would seem that Rabbi Blumenthal’s words were directed primarily at Lieberman, who arrived at the Seminary some 17 years prior.
It is against this backdrop that the Rabbinical Assembly passed a Resolution that the Rabbinical Assembly Committee on Jewish Law and Standards review the Epstein proposal and submit a plan for its implementation.
The report below from the National Jewish Post and Opinion makes clear that the left wing of Conservative Judaism felt that the Lieberman ketuba did not go far enough in addressing the aguna problem and therefore sought to institute the Epstein proposal. On the other hand, the more traditional wing of Conservative Judaism, led by Rabbi Louis Finkelstein, Chancellor of JTS, wanted the proposal referred to a joint committee made up of JTS faculty and RA members. Rabbi Blumenthal’s complaint about the Orthodox character of the Seminary faculty was not just an observation, but also a charge to the RA regarding the Epstein proposal, that they not allow the Seminary faculty to torpedo the proposal. Rabbi Finkelstein’s group lost the vote 92-88, in what was, in a sense, a repudiation of Lieberman’s Orthodox influence, and a rejection of his ketuba as too Orthodox and not impactful enough.[21] The majority of the RA membership was prepared to head in a more liberal direction.
After the passage of the Rabbinical Assembly resolution, the Agudat HaRabbanim turned to Rav Herzog in the letter below, asking him to intervene and prevent this breach of kedushat hamishpacha beyisrael.[22] (It is not clear to me why they termed the Epstein proposal nisuin al tnay, or conditional marriage, which is a different attempted mechanism to prevent aguna situations.)
In response to the request of Agudat HaRabbanim, Rav Herzog turned to Lieberman in the letter below, asking him to intervene and prevent the implementation of the proposed nisuin al tnay.[23] (Rav Herzog apparently understood the proposal to be literally one of conditional marriage, and thus referred Lieberman to the book Ain Tnay Benisuin, rather than the book LeDor Acharon, mentioned in the Agudat HaRabbanim letter, which deals with the Epstein proposal.)
In response to Rav Herzog’s letter, Lieberman sent Rav Herzog the very fascinating letter below. (A transcription of this letter appears in Appendix B.) Lieberman tells Rav Herzog that the Orthodox Rabbis are simply looking for excuses to make machloket, that Rabbi Finkelstein strongly protested the re-introduction of the Epstein proposal (as we noted was reported in the National Jewish Post), and that the President of the Assembly (Rabbi Blumenthal) also denied the claim of the Agudat HaRabbanim. He then says that the entire purpose of his revised ketuba was to bury the possibility of the Epstein proposal! He also mentions that some Orthodox Rabbis have claimed that any wedding which uses the new ketuba is invalid, and the kiddushin are not tofsin. (I have been unable to find any documented source of a Rabbi who made such a claim. I would be indebted to any of the readers who could provide such a source.) Lieberman concludes by assuring Rav Herzog that he would be the first to protest the implementation of the Epstein proposal, and that such a nevala could never happen while he is at the Seminary.
Rabbi Blumenthal’s denial was in fact reported by the JTA.[24] He said that the Assembly only authorized a committee to re-study the problem.
Some points remain unclear to me, as Rabbi Finkelstein’s group did indeed lose the vote, and the RA did pass a resolution that the Rabbinical Assembly Committee on Jewish Law and Standards submit a plan for the implementation of the Epstein proposal. I find it hard to understand Rabbi Blumenthal’s denial, or how Lieberman could claim that the Orthodox Rabbis were simply seeking machloket, when the RA passed a resolution for implementation (even documented in the RA Proceedings), with the left-wing defeating the traditional wing.
(to be continued)
Appendix A
Letter from Lieberman to Rav Herzog about Torat Ha-Ohel
בע”ה אור ליום ד’ פרש’ לך תש”ט
לידידי הגאון הגדול האמתי מרן רי”א הלוי הירצוג, לב”ב ולכל הנלוים עליו שלום רב.
היום קבלתי את יקרת כ”ג ואעשה כמובן כבקשתו. והנה נזכרתי שאני חייב התנצלות לכ”ג על שתיקתי הממושכה. היו כמה סיבות וטעמים לדבר. את ספרו היקר קבלתי בזמנו ונהניתי מאד מחידושיו הנפלאים ובקיאותו המפליאה. לא רציתי להטריד אותו בהערותי שמא יראה נחיצות נמוסית להשיב, והרי מכיר אני את טרדותיו המרובות, ולמה להעמיס עליו עוד משא? כדי שלא יהי’ מכתבי כשטר הדיוטות ארשום לו כמה דברים קלים שאינם צריכים עיון ומו”מ. דברי הר”מ בפ”א מהל’ סנהדרין ה”ב קשה להגיה, וכנראה שלדעת הר”מ אין כלל מצוה למנות דיינים בחו”ל, כפי שהבין בו הרמב”ן בפרש’ שופטים, וכן משמע מלשונו של הר”מ בסה”מ עשין קע”ו ומקורו הוא הבבלי במכות ספ”א[25] לפי גירסת המאירי שם: “אבל בחו”ל אי אתה מושיב בכל פלך ופלך ובכל עיר ועיר.” והוא מביא שם את גירסת התלמוד שלנו בשם “ויש גורסים” ומסיים: ולא נראה כן. ואשר לפסק הר”מ בספ”ט מה’ מלכים נראה שהוא חלק בין ב”נ ובין ישראל. שהרי ישראל מצווים למנות שופטים כמ”ע של שופטים ושוטרים תתן לך, ואפילו יצוייר שנהיה בטוחים שישראל לא יעברו על שום עברה ג”כ מצוה למנות שופטים. ברם ב”נ מחוייב למנות שופטים רק מפני שהוא מצווה על הדינין, כלומר שישגיח שלא יעברו על מצות ב”נ. ואם לא מנה שופטים בפלך ועבר אחד מהם עברה ולא דנו אותו כלם חייבים מיתה (שהרי כל אחד ראוי לדון יחידי), אבל כ”ז שלא עברו עברה אינם חייבים מיתה על מינוי דיינים אפילו לשיטת הר”מ.[26] ועיין ביד רמה נו ע”ב וברש”י ד”ה כך נצטוו, ומלשונו של הרמ”ה משמע שכן היה לפניו מפורש בגמרא שבני נח הוזהרו מחמת “ושפטו.”
בענין גר העמלקי (דף נ”ו) עיין מ”ש החיד”א ביעיר אוזן, עין זוכר מערכת ג’ אות א’ דברים מחוכמים מאד.
[בעני]ן מכת מרדות (צ”ט) עיין בשו”ת [הר]שב”ש סי’ תר”י וציינתי לו בתוספת ראשונים ח”ב צד 170 (עכשיו ראיתי שידידנו הרב כשר קנה במשיכה מספרי שם את כל החומר ופרסמם בסיני.)
כפי שאמרתי לא ארבה בדברים שצריכים לינה בעומקה של הלכה, ואני מקוה שנוכל לדבר ע”ז אי”ה פה אל פה.
על כמה דברים שנתחדשו אצל כ”ג באופן פרטי שמענו מאורחים וידידים היורדים מהתם להכא ושמחנו מאד לשמוע שכלתו הכבודה ב”ה נתרפאה לגמרי. מצטער אני מאד שרי”ד[27] שלנו נושא בעול הצבור ואינו מתפנה לגמרי לעולה של תורה. הרי עדיין הוא צעיר ויכול להיות לגאון הדור. ומדי דברי בו נזכרתי ששאל אותי מקום הירושלמי: התלמיד תוך ד’ אמות ברם הרב אפילו חוץ לד’ אמות והשבתי לו שירושלמי כזה אין לפנינו. ואעפ”י שכן הוא האמת בכ”ז שכחתי באותה שעה שכן מביא הריטב”א בסוכה כ”ח בשם הירושלמי.
אצלנו אין כל חדש. אנו יושבים ומצפים לגאולה שלמה, ייתי ונחמיניה.
בפ”ש מבית לבית
הנני מעריצו ומוקירו וידידו הנאמן
שאול ליברמן
הייתי מכיר טובה מאד לרבנית שתחי’ אם תודיע לנו בפרוטרוט על חיימקה שיחי’ ומשפחתו ועל רי”ד אהובנו.[28]
Appendix B
Letter from Lieberman to Rav Herzog about the Epstein Proposal
בעה”י יום ה’ פרש’ מטות תשי”ז
לכבוד ידידינו הגאון הגדול האמיתי מרן הרי”א הלוי הירצוג הרב הראשי לא”י ברכה ושלום רב.
יקרת כ”ג מי’ תמוז הועברה אלי לכרם מרתה[29], ומאד מאד התפלאתי שכ”ג האמין לדיבת הרבנים כאן. אמנם בכנסיית הרבנים השמרנים דברו על עיון מחדש בשאלת תנאי בקידושין, אבל ד”ר פינקלשטיין יצא בכל תוקף נגד חידוש העיון. ונשיא הכנסיה הנ”ל הכחיש בעצמו את דיבת הרבנים. אבל הללו מחפשים רק אמתלאות למחלוקת. כל עניין הכתובה היה כדי לקבור לגמרי את שאלת התנאי. הסברתי להם שאם ליחיד אפשר פעם לחשוב ע”ז הרי לרבים אין הדבר בא כלל בחשבון שהתנאי יעשה ע”פ דין, וישתקע הדבר ולא יעלה שוב על הפרק. וכולם הסכימו ל[י]. עכשיו יש מהם שבאים בטענות ואומרים: הרי הרבנים הארתודוכסים טוענין שאף הכתובה נעשתה שלא כדין, ויש מהם (כלומר מהרבנים הארתודוקסים) שאמרו שהמתחתן בכתובה החדשה אין הקידושין תופסין, והאשה מותרת בלי גט (ממש לא יאומן כי יסופר! אבל לצערי נאמרו הדברים), א”כ הרי מוטב לעשות תנאי בקידושין, ולהפטר מכל שאלת העגונה בבת אחת. והנני מבטיח את כב”ג שאין לשמועה שום יסוד, אחרת הייתי אני בין הראשונים למחות, וכל זמן שאני בסמינר לא יתכן שיעשו נבלה כזו.
בפ”ש ובברכה לכל המשפ[חה]
בהערצה ובידידות
שאול [ליברמן]
[1] See here.
[2] See here.
[3] A short one-page summary of the kuntres appears in R’ Zorach Warhaftig’s Chuka Leyisrael, page 236. However, R’ Warhaftig neglects to mention that Rav Herzog advocated only giyus chelki.
[4] See here.
[5] Every name on the telegram is relatively well known, except for Rothenberg. I assume this is Rav Moshe Rothenberg, founder of Yeshivat Chachmei Lublin of Detroit. See Toldot Anshei Shem page 126, here.
[6] See here.
[7] For the following sections related to Lieberman, I made extensive use of Dr. Shapiro’s “Saul Lieberman and the Orthodox.”
[8] See here.
[9] Here in Yeriot Ha-Ohel 1.
[10] See here. Interestingly, Lieberman signed the Foreword as “Saul Lieberman, Dean, Harry Fischel Institute, Jerusalem”, even though Lieberman had been teaching in JTS for five years already. (In the Foreword, he notes that the publication of the volume coincided with Harry Fischel’s 80th birthday, in 1945.) In fact, Lieberman’s name appeared atop the Harry Fischel Institute’s stationery as late as 1949 (can be seen in Rav Herzog’s file on Machon Harry Fischel.) It would appear that Lieberman continued to serve in some capacity as Dean of the Harry Fischel Institute even after he left Israel to come to America. Incredibly, he held one foot in each world simultaneously, as Dean of the Harry Fischel Institute and Professor in JTS, a fact that has heretofore eluded his biographers. My good friend Rabbi Dovid Bashevkin reports in the name of Mr. Carmi Schwartz, Executive Vice President of the Council of Jewish Federations, that Lieberman willed most of his considerable life savings to the Harry Fischel Institute after his death, and not to JTS.
[11] See here.
[12] Mentor of Generations, page 119.
[13] For more on the Rav and Lieberman, see Rav Rakeffet’s “A Note on R. Saul Lieberman and the Rav”, in Tradition, Winter 2007. Also noteworthy is the following story that appears in Rav Hershel Schachter’s Mipninei Ha-rav:
The head of the Seminary who gave the shiur with which the Rav disagreed so vehemently is none other than Lieberman. Warren’s visit to the Seminary was covered on the front page of the New York Times (September 14, 1957.) (For a humorous account of how Lieberman sipped tea through a sugar cube that weekend in the presence of former president Harry Truman, see “The Rabbi as Symbolic Exemplar” by Jack Bloom, page 37.) Here is the New York Times’ account of Lieberman’s shiur:
A similar account of the shiur appears in the Sentinel (September 26, 1957)
Regarding Lieberman’s suggestion that the principle of Ain Adam Meisim Atzmo Rasha is predicated on the presumption of teshuva, there appears to be another difficulty, in addition to that raised by the Rav. The gemara in Makot 13b states:
חייבי מיתות ב”ד אינו בכלל מלקות ארבעים שאם עשו תשובה אין ב”ד של מטה מוחלין להן
The gemara states explicitly that teshuva is not efficacious in absolving a sinner of capital punishment, which would seem to contradict Professor Lieberman’s thesis. My good friend Rabbi Dovid Bashevkin has offered the following original suggestion to resolve the problem. Professor Lieberman might have believed that the gemara in Makot which states that teshuva does not absolve capital punishment is referring to after gmar din, when the sinner has already been tried and sentenced. At that point, teshuva is no longer effectual. However, the principle of Ain Adam Meisim Atzmo Rasha applies before trial and sentencing, and teshuva would absolve a sinner before sentencing. This reading of the gemara in Makot is certainly plausible, although it does run contrary to the reading of the Noda B’Yehuda (Orach Chaim 34, s.v. ela), who assumes that the gemara is referring to before gmar din as well. Additionally, it would seem difficult to assume that a confession is indicative of teshuva if a sinner is aware that he can absolve himself of punishment by simply admitting his guilt in beit din. However, this approach would explain why the Rav raised a difficulty based on the words of the Raavad, and not the gemara in Makot, as the gemara in Makot is not a conclusive proof.
[14] See here.
[15] “Conflict and Consensus in Jewish Political Life”, page 120, also cited in “Saul Lieberman: the Man and his Work”, page 45. My thanks to my good friend Dr. Josh Lovinger for bringing this to my attention.
[16] Techuka leYisrael al pi Torah, volume 3 page 210.
[17] The correspondence in that file also shows the effort that Rav Herzog expended in an attempt to prevent the Reform movement from gaining any foothold whatsoever in Israel.
[18] See here.
[19] Proceedings of the Rabbinical Assembly of America 21, 57th Annual Convention (1957), pages 41-42.
[20] See here.
[21] National Jewish Post and Opinion, June 14, 1957.
[22] See also HapardesTamuz, 1957 for details of the protest arranged by Agudat HaRabbanim.
[23] This letter also appears in “Saul Lieberman and the Orthodox”, Hebrew section, page 6.
[24] See here.
[25] Makot 7a
[26] This would also answer the (similar) question of the Gvurot Ari in Makot 7a, s.v. UveChu”l.
[27] As mentioned, I believe that this refers to Rav Yaakov David Herzog.
[28] Future president of Israel, Chaim Herzog, and Rav Yaakov David Herzog.
[29] Martha’s Vineyard.



A Final Note Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator on Shabbat

A Final Note
Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator on
Shabbat
 By Yaacov Sasson
The purpose of this note is to
establish conclusively that Rav Simcha Zelig Reguer, the Dayan of Brisk,
never permitted opening a refrigerator on Shabbat when the light inside will go
on. I was deeply disappointed to read Rabbi Michael Broyde’s response[1] to
my “Note Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator
on Shabbat.”[2] In
short, R. Broyde has incorrectly asserted that Rav Simcha Zelig permitted
opening a refrigerator on Shabbat when the light inside will go on. In truth,
Rav Simcha Zelig permitted opening a refrigerator when the motor will go on; he never addressed the refrigerator light at all. Rather than admit to this
simple mistake, R. Broyde has chosen to reiterate his basic error and compound
it with further errors. Furthermore, R. Broyde has entirely ignored the crux of
my own argument, specifically that the articles to which Rav Simcha Zelig was
responding were about triggering the refrigerator motor by allowing warm
air to enter. Those articles do not mention refrigerator lights at all. It is
therefore untenable to claim that Rav Simcha Zelig permitted opening a
refrigerator on Shabbat when the light inside will go on.
Let us proceed to examine how
each argument advanced by R. Broyde is incorrect. Below are direct quotations
from R. Broyde’s response (in bold), followed by my own comments.
“The relevant paragraph of the
teshuva by Dayan Rieger reads simply:
ובדבר התבת
קרח מלאכותי נראה כיון דכשפותח את דלת התיבה הוא כדי לקבל משם איזו דבר ואינו
מכוין להדליק את העלעקטרי הוי פסיק רישיה דלא איכפת ליה אפילו להדליק אם הוא באופן
שהוא פסיק רישיה.
And in the matter of the artificial [electric]
icebox it appears that since when one opens the door of the box to get
something from there and does not intend to ignite (light) the electricity it
is a psik resha that he does not care about, even to light in way that
is a psik resha.”
R. Broyde’s citation has omitted the first several words of the paragraph,
which read as follows[3]:
הגיעני השלשה
כרכים הפרדס ובדבר התבת קרח מלאכותי…
“I received the three issues of Hapardes and in the
matter of the artificial [electric] icebox…”

This omission is significant, because these words make clear that Rav
Simcha Zelig was addressing the refrigerator question raised in earlier issues
of Hapardes. (See Hapardes 1931 num. 2 page 3, and Hapardes
1931 num. 3 page 7.) The question under discussion in those previous volumes was
the triggering of the refrigerator motor, and not the light, as noted.
Also of note, is that at the end of his teshuva[4],
Rav Simcha Zelig addressed Rav Moshe Levin’s question regarding the
permissibility of making ice on Shabbat. Rav Simcha Zelig cited this question
specifically in the name of Rav Levin. This is significant because the ice question
appeared in the name of Rav Levin in Hapardes 1931 num. 3 page 7, in
an article about triggering the refrigerator motors.[5] See
the final paragraph of the article titled “Frigidaire” in the image below:

So it is clear that Rav Simcha Zelig introduced his teshuva with a reference to the prior issues of Hapardes. And
it is also clear that he closed his teshuva by addressing Rav Moshe
Levin’s ice question from Hapardes (which appeared in the article
entitled “Frigidaire”, shown above, about the refrigerator motors.) R. Broyde
apparently contends that in between, Rav Simcha Zelig veered off to address an
unrelated question which never appeared in Hapardes (that of the
refrigerator light), without ever addressing the question of the
refrigerator motor itself. And he did this while directly addressing the
ice question from the article entitled “Frigidaire”, but never addressed the
main substance of that article, the refrigerator motor. The absurdity of this
position is self-evident.    
Also of note is the introductory paragraph to Rav Simcha Zelig’s teshuva,
presumably written by the editor, Rav Shmuel Pardes, which reads as follows[6]:
תשובה זו מוסב על
השאלה הנדפסת בהפרדס, אם מותר לפתוח תבת קרח מלאכותי בשבת, או לשום מים בתיבה
לעשות קרח בשבת.
This teshuva addresses the question that
was printed in Hapardes, whether it is permitted to open a refrigerator
on Shabbat, or to put water inside the refrigerator (freezer) to make ice on
Shabbat.
Rav Pardes clearly understood and presented Rav Simcha Zelig’s teshuva
to be addressing the question of triggering the motor, which had been raised in
earlier issues of Hapardes.
Furthermore, R. Broyde’s translation of Rav Simcha Zelig’s words is inaccurate,
and the effect of this mistranslation permeates his entire response. The
closing words of Rav Simcha Zelig in the paragraph cited by R. Broyde are:
הוי
פסיק רישיה דלא איכפת ליה אפילו להדליק אם הוא באופן שהוא פסיק רישיה.
R. Broyde has translated these words as:
“…it is a psik resha that he does not care
about, even to light in way that is a psik resha.”
The astute reader will notice that the bolded words in the Hebrew citation
are left untranslated by R. Broyde, essentially ignored, as if they do not
exist. The closing words of this sentence are correctly translated as follows: even
to light IF IT IS in a way that is a psik reisha. Most of R. Broyde’s
response revolves around the incorrect assertion that since Rav Simcha Zelig
referenced a psik reisha, he must have been referring to igniting the
light, which is a psik reisha, and not the motor, which is not a psik
reisha
. However, correctly translated, Rav Simcha Zelig says that opening
the refrigerator is permitted EVEN IF there is a psik reisha involved.
Such conditional language is entirely out of place when referring to a light,
which is certainly a psik reisha. This conditional language is only applicable
to the refrigerator motor, because there are times when, unbeknownst to the
person, the opening of the refrigerator door will immediately trigger the motor
to go on because of the already heightened initial air temperature inside the
refrigerator. (Such a situation is known in the language of the Poskim
as a “Safek psik resha”, as noted in Hapardes 1931 num. 3 page 6
regarding the refrigerator motor. It is the subject of dispute whether such an
action is permissible, similar to a Davar Sheaino Mitkavein, or
prohibited like a psik reisha.) Rav Simcha Zelig’s qualification that it
is permitted to open the refrigerator door even IF the situation is one of psik
reisha
makes clear that he is referring to the refrigerator motor, contrary
to R. Broyde’s misreading.[7]
“A careful reader of the first sentence, and indeed of the entire teshuva,
can sense that there is some ambiguity here about the electrical object
referred to, since Dayan Rieger does not specify the source or consequence of
igniting the electricity.”
There is no ambiguity to anyone who has seen the previous issues of Hapardes
which deal with the question of the refrigerator motor. There can only be
ambiguity if one reads Rav Simcha Zelig’s teshuva
entirely out of context, without looking at the articles to which he was
responding.
“Particularly in the Yiddish spoken culture of that time, the term
“electric” seems to have meant “lights” and not electricity or motor.”
R. Broyde’s assertion that “electri[c]” did not mean electricity or motor is
incorrect. See for example, the language in Rav Shlomo Heiman’s letter (dated
Erev Sukkot 5697/1936), printed in Chosen Yosef[8], and
reprinted in later editions of Chiddushei Rav Shlomo:
פקפק כת”ר
שליט”א בענין פתיחת הפרידזידעיר על העלעקטרי דע”י פתיחתו הוא
מבעיר העלעקטרי ורוצים להתיר על פי שטת הערוך דהוי פס”ר דלנ”ל
דיותר נוח לו שלא יכנס שם אויר קר, ולא יעלו לו הוצאות העלעקטרי
In this short excerpt, Rav Shlomo Heiman uses “elektri” to refer to
both the refrigerator motor and to electricity. Rav Heiman was clearly discussing
the permissibility of opening the door and triggering the refrigerator motor,
and refers to triggering the motor as kindling the “elektri”, the same
exact term used by Rav Simcha Zelig. Rav Heiman further notes that this is
considered “lo nicha lei” because the person would prefer to save the
additional expense of “elektri”, i.e. electricity.
See also the words of Rav Chaim Fishel Epstein, in Teshuva Shleima
vol. 2 – Orach Chaim, beginning of Siman
6[9]:
נשאלתי בדבר
המכונה המקררת בכח חשמל שקורין ריפרידזשיאטר, שבעת שפותחים הדלת נכנס אויר חם ואז
נתעורר כח החשמל (עלעקטריק בלע”ז) והמכונה מתחלת להניע ולעבוד כדי להוסיף
קרירות…
Here, Rav Epstein synonymizes koach chashmal, or electricity, with “עלעקטריק”.
See also Hapardes 1931, num. 2 page 3, where zerem hachashmali, or
electric current, is synonymized with
“עלעקטריק”. R. Broyde’s contention that “electri[c]”
did not mean electricity or motor is simply false.
“Elektri, according to
my colleague at Emory, Professor Nick Block, more likely means the light than
anything else in 1930s Yiddish.”
One need not be a Professor of German Studies to
recognize that within a discussion of
refrigerator motors, it is more than likely that “Elektri” means a
refrigerator motor, the subject under discussion, or its associated electricity.
This was true even in 1930s Yiddish spoken culture; see Rav Shlomo Heiman’s
1936 letter cited above.
Additionally, as mentioned above, Rav Pardes (editor of Hapardes)
clearly understood Rav Simcha Zelig’s teshuva to be addressing the
question of triggering the motor, which had been raised in earlier issues of Hapardes.
Rav Pardes’ knowledge of 1930s Yiddish was certainly robust.
“Second, and much more importantly, the halachic analysis presented by
Dayan Rieger addresses a direct action, while everyone else who discusses the
motor speaks about an indirect action…opening the door usually leads to an
increase of air temperature inside the refrigerator, which eventually directs
the motor to go on…many times when the refrigerator is opened, the motor does
not go on at all…But Dayan Rieger makes no mention of this…he assumes that when
the refrigerator door is opened the electrical object under discussion is always
ignited, and it does so immediately and directly, thus causing a melacha.
This is the formulation of psik resha, which inexorably causes melacha
each and every time…”
This section is entirely wrong, and is predicated on R. Broyde’s
misreading/mistranslation of Rav Simcha Zelig’s words, as noted above. That Rav
Simcha Zelig added the qualification of “IF IT IS” a psik reisha renders R. Broyde’s words here to be entirely
irrelevant and incorrect. Rav Simcha Zelig’s language of “IF IT IS” a psik
reisha makes clear that he is assuming that the motor is not always
ignited by opening the door, but at times it might be ignited in a manner of psik
reisha,
due to the heightened initial air temperature inside the
refrigerator. (Again, such a situation is known as “safek psik reisha”
in Rabbinic parlance, as the air temperature inside the refrigerator is not
known to the opener.) Contrary to R. Broyde’s assertions, Rav Simcha Zelig’s
language here is a clear proof that Rav Simcha Zelig’s teshuva was in reference to the refrigerator motor and not the
light.
“Professor Sara Reguer noted by email to me that “my grandfather conferred
with scientists and specialists in electricity before giving his response,” and
given this fact it is extremely unlikely that he missed such a basic point that
anyone who repeatedly opened and closed a refrigerator would have noticed.”
This argument is also incorrect, and is again predicated on R. Broyde’s
mistranslation of Rav Simcha Zelig’s words. Also significant is R. Broyde’s
citation of Dr. Reguer (in his footnote 8) that “she is certain that this teshuva
is referring to the thermostat or motor and not the light.”
“First, the other substantive halachic logic employed by Dayan Rieger which
analogizes elektri to sparks seems to me to be a closer analogy to a light than
to a motor which is hardly fire at all; sparks like incandescent lights, are
fire according to halacha.”
R. Broyde is wrong again. In fact, several poskim have noted that
ignition of the refrigerator motor also generates sparks.[10] See
the words of Rav Chaim Bick[11],
describing the problem of the refrigerator motor in Hamesila (2:1)[12]:
וע”י הגלגל
נושב רוח ומוליד הקר לחלק השני של התבה, אשר שמה נמצאים כל צרכי אכל ומשקה. הגלגל
בשעה שמתחיל מרוצתו יוצא ממנו נצוץ-אשי
And by way of the wheel,
the wind (i.e. air) blows and creates the cold in the other section of the box
(refrigerator), where all the food and drink are located. The wheel, when it
begins to run, emits fire-sparks
See also the words of Rav Chaim Dovid Regensburg,
describing the problem of the refrigerator motor, in Mishmeret Chaim, siman
3[13]:
ומה שלפעמים ניצוצות ניתזים, ברגע של מגע החוטים
החשמליים אחד בשני, אין זו הבערה, כי מלאכת מבעיר ביחס לשבת לא חשובה אלא אם האש
נאחזת באיזה דבר, וכן כתב הפרי מגדים סי תקב… 
And that sometimes sparks
fly off
,
at the moment that the electrical wires touch each other, this is not havara,
because melechet havara with respect to Shabbat is only considered when
the fire takes hold to something, and so wrote the Pri Megadim…
See also the words of Rav Shlomo Zalman Auerbach, within a discussion of
the ignition of the refrigerator motor in Minchat Shlomo (Kama), Siman
10, Anaf 2 Ot 4[14]:
אולם יש טוענים
דיש לחשוש לזה, שבכל פעם שמתחדש מעגל חשמלי יוצא במקום החבור ניצוץ קטן של אש
ונמצא שבפתיחתו הוא גורם למלאכת מבעיר…
However, some claim that one should be careful
about this, that every time that an electric circuit is completes, a small
spark of fire
comes out of the place of connection, and thus through his
opening [of the refrigerator door] he is causing the melacha of mav’ir…
Thus, contrary to R. Broyde’s assertion, Rav Simcha Zelig’s mention of
sparks is in fact directly analogous to the ignition of the refrigerator motor,
which actually involved creation of sparks.[15]
“Secondly, there has been a regular subset of poskim (as shown by Rabbi
Abadi’s most recent teshuva, Ohr Yitzchak 2:166) who adopt the exact analysis
and view of Dayan Rieger and view the light as lo ichpat since one does
not want it and a light is on already.”
To refer to a single teshuva, published in the 21st
century by a lone posek, as “a regular subset of poskim” would seem to
be somewhat of an exaggeration.
“On the other hand, there is a good and natural impulse to read halachic
literature conservatively and to press for interpretations that align gedolim
with one another and not leave outliers with halachic novelty.”
My original note and my comments here in no way reflect any impulse to read
halachic literature conservatively. They reflect my impulse to read halachic
literature correctly.
“Furthermore, I do recognize that many halachic authorities who have cited
Dayan Rieger’s teshuva have quoted it in the context of the motor and not the
light…”
More accurately, all halachic authorities who have cited Rav Simcha
Zelig’s teshuva have quoted it in the
context of the motor and not the light.
“But, I think these citations are less than dispositive for the following
important reason: Those who quote Dayan Rieger’s view as something to consider
about the motor note that his analysis is halachically wrong…Poskim generally
spend less time and ink explicating the views of authorities whom they believe
to have reached inapt or incorrect conclusions of fact or law compared with
those whom they cite in whole or in part to bolster their own analysis.”
It is unclear to me whether R. Broyde means that all of these Poskim
have misunderstood Rav Simcha Zelig’s position, or that they have
misrepresented it. Either way, the assertion is bizarre. I will leave it to the
readers to judge whether such an assertion is tenable.
The following is a partial list of Poskim and scholars who have
cited Rav Simcha Zelig as having permitted opening a refrigerator on Shabbat
when the motor will go on, and not
in the context of the refrigerator light[16]:
1)     
Rav Ovadya
Yosef (Yabia Omer, Orach Chaim Chelek 1, Siman 21, Ot 7)
2)    Rav Yehoshua
Neuwirth (Shemirat Shabbat Kehilchata, Perek 10 Footnote 33 in
the 1979 edition. This appears in Footnote 37 in the 2010 edition.)
3)     
Rav J. David
Bleich (Tradition, Spring 2017, pages
57-58)[17]
4)     
Rav Chaim
Bick (Hamesila 2:1)[18]
5)     
Rav Gedalia
Felder (Yesodei Yesurun, vol. 3 page 293)[19]
6)     
Rav Shlomo
Tanavizki (Birkat Shlomo, end of siman 2)[20]
7)     
Rav Moshe
Shternbuch (Teshuvot Vehanhagot vol. 1 Siman 220)[21]
8)     
Rav Chaim
Fishel Epstein (Teshuva Shleima vol. 2, end of Siman 6)[22]
9)     
Rav Chaim
Dovid Regensburg (Mishmeret Chaim, Siman 3, page 27) [23]
10) 
Rav Chaim
Druck (Noam Vol. 1 page 281)[24]
11) 
Rav Shmuel
Aharon Yudelevitz (Hachashmal Leor Hahalacha, page 130)[25]
12) 
Rav Yosef
Schwartzman (Shaashuei Torah, Chelek 3 – Shabbat,  pages 391-392)
13) 
Rav Shlomo
Pick (Who is Halakhic Man?, in Review of Rabbinic Judaism 12:2, page
260)[26]
In conclusion, it is clear that Rav Simcha Zelig’s teshuva about
opening refrigerators on Shabbat addressed the problem of the motor turning on
when the door is opened. Every argument put forth by R. Broyde is wrong. Rav
Simcha Zelig’s position was that it is permitted to open a refrigerator when
the motor will go on, as triggering the motor is classified as a psik
reisha d’lo ichpat lei
, which is equivalent to lo nicha lei. Rav
Simcha Zelig never addressed opening a refrigerator when the light will
go on.
Postscript:
Regarding R. Broyde’s admonition of my tone, that “we certainly could use
more light and less heat”, I could not disagree more. I will simply quote the
words of Rav Yosef Dov Soloveichik in his remarkable speech at the 1956 Chinuch
Atzmai Dinner, in appreciation of Rav Aharon Kotler[27]:
קאלטע תורה, ווי
קאלטע ליכט, איז גארנישט. עס דארף זיין הייס ליכט, א’מיר’זך
אפ’בריען ווען מ’קומט’מן צו אים…
Cold Torah, like cold light, is worthless. It must
be heated light so that one burns himself in its proximity…


[7] See Rav J. David Bleich’s typically thorough
treatment of the topic of refrigerators in Tradition
(Spring 2017, pages 57-59 and 64-65) for a discussion of why triggering the
refrigerator motor would be considered lo
nicha lei
.
[10] Rav J. David Bleich in Tradition (Spring 2017, page 72) has noted that while a number of
earlier poskim dealt with the issue
of sparking in refrigerators, sparking has now been eliminated in most
modern-day appliances.
[11] For biographical information on Rav Chaim Bick, see
here.
[15] While Rav Regensburg assumed that the creation of
sparks would happen only sometimes, it appears that Rav Bick and Rav Shlomo
Zalman assumed that the creation of sparks happened every time the motor was
triggered, and thus would be included in the category of safek psik reisha.
[16] My thanks to Dr. Marc Shapiro for bringing to my
attention the references to Rav Felder, Rav Shternbuch, Rav Druck and Rav
Schwartzman.
[17] My thanks to Rabbi Yitzchok Segal for bringing this
reference to my attention.
[27] Watch here at approximately 28:00. See also Making of a
Gadol, Second Edition, page 1019, for specific examples of Rav Aharon Kotler’s
heated remarks in defense of his Torah positions. 



A Note Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator on Shabbat

A Note Regarding Rav Simcha Zelig Reguer’s Position on Opening a Refrigerator on Shabbat
By Yaacov Sasson
The purpose of this note is to correct an error that appeared in a widely-read journal nearly 25 years ago; the error is of sufficient consequence that it necessitates a correction, even after so many years.
In their article, “The Use of Electricity on Shabbat and Yom Tov”, by Rabbis Michael Broyde and Howard Jachter (Journal of Halacha and Contemporary Society, No. XXI, Spring 1991), the authors cite Rav Simcha Zelig Reguer, the Dayan of Brisk, as having permitted opening a refrigerator on Shabbat when the light inside will go on, based on the principle of psik reisha d’lo nicha lei. It is also claimed that Rav Simcha Zelig “states that the light in the refrigerator provides no benefit to the one opening the door.” (See footnote 59 there.[1])

 

The authors then assert that classifying this action as psik reisha d’lo nicha lei “appears to be entirely incorrect”, because the light serves as a convenience and is useful for finding items in the refrigerator.

Lo hayu dvarim me-olam
. Rav Simcha Zelig did not permit opening a refrigerator when the light inside will go on. Rav Simcha Zelig wrote (Hapardes 1934, num. 3, page 6) that it is permitted to open the refrigerator since the intention is to remove an item, “v’aino mechavein lehadlik et ha-elektri.”[2] The authors misinterpreted this statement to be a reference to an electric light in the refrigerator.

 

 

However, it is clear from a simple reading of the articles to which Rav Simcha Zelig was responding that the topic under discussion at the time was triggering the motor by opening the door and allowing warm air to enter; lights and light bulbs are not mentioned at all. In the first of those articles (Hapardes 1931, num. 2, page 3), the language of “hadlaka” is used in reference to the refrigerator motor, and Rav Simcha Zelig’s language of “lehadlik et ha-elektri” appears to parallel the language used there.[3]

In the second of those articles (Hapardes 1931, num. 3 page 6), the act of triggering the motor is referred to as “havara” and “havara b’zerem ha-chashmali“[4], and Rav Simcha Zelig used a similar nomenclature, “lehadlik et ha-elektri” to refer to triggering the motor.

Rav Simcha Zelig’s position was that it is permitted to open a refrigerator when the motor will then go on, as triggering the motor is classified as a psik reisha d’lo ichpat lei, which is equivalent to lo nicha lei.[5] Rav Simcha Zelig never addressed opening a refrigerator when the light will go on.

I would add two endnotes – when surveying Halachot with significant practical implications, such as in the realm of Hilchot Shabbat, it is an author’s responsibility to ensure that all sources are cited accurately, lest a reader rely on an incorrect citation with the result of Chillul Shabbat. Secondly, when confronted with a Halachic position of a Gadol B’Yisrael that seems to be entirely erroneous, the possibility that the Gadol’s position is being misunderstood must be explored.

 


[3] It is probable, but not absolutely certain, that Rav
Simcha Zelig was in possession of Hapardes 1931 number 2 when he wrote this
letter. He certainly had 1931 number 3, as obvious from his citation of R’
Moshe Levin on the permissibility of making ice on Shabbat, which appears in
number 3. It is likely that Rav Moshe Soloveitchik sent him 1931 number 3
because it contains a presentation of a shiur that Rav Moshe delivered in the
name of his son, Rav Yosef Dov Soloveitchik, and Rav Moshe no doubt wished to
share his son’s chiddushim with Rav
Simcha Zelig. 1931 number 2 also contains a presentation of a shiur that Rav
Moshe delivered in the name of his son, so it is likely that 1931 number 2 was
also one of the three editions of Hapardes that Rav Simcha Zelig received from
Rav Moshe.
[5] For a more detailed analysis of why triggering the
motor would be considered a psik reisha
d’lo nicha lei
, see Minchat Shlomo (Kama) 10, as well as Minchat Yitzchak
2:16. Rav Eliezer Waldenberg seems to accept this classification of triggering
the motor as a psik reisha d’lo nicha lei,
in Tzitz Eliezer 8:12.