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Kol Nidrei, Choirs, and Beethoven: The Eternity of the Jewish Musical Tradition

Kol Nidrei, Choirs, and Beethoven:  The Eternity of the Jewish Musical Tradition  

On April 23, 1902, the cornerstone to the Taharat Ha-Kodesh synagogue was laid, and on Rosh Ha-Shana the next year, September 7, 1903, the synagogue was officially opened.  The synagogue building was on one of Vilna’s largest boulevards and constructed in a neo-Moorish architectural style, capped with a blue cupola that was visible for blocks. There was a recessed entry with three large arches and two columns.  The interior housed an impressive ark, located in a semi-circular apse and covered in a domed canopy. But what really set the synagogue apart from the other 120 or so places to pray in Vilna was that above the ark, on the first floor, were arched openings that served the choir.  In fact, it was generally referred to by that feature and was known as the Choral Synagogue.  The congregants were orthodox, most could be transported to any modern Orthodox synagogue and they would indistinguishable, in look – dressing in contemporary styles, many were of the professional class, middle to upper middle class, and they considered themselves maskilim, or what we might call Modern Orthodox.[1]

The incorporation of the choir should be without controversy.  Indeed, the Chief Rabbi of Vilna, Yitzhak Rubenstein would alternate giving his sermon between the Great Synagogue, or the Stut Shul [City Synagogue], and the Choral Synagogue.[2]  Judaism can trace a long relationship to music and specifically the appreciation, and recognition of the unique contribution it brings to worship.  Some identify biblical antecedents, such as Yuval, although he was not specifically Jewish.  Of course, David and Solomon are the early Jews most associated with music.  David used music for religious and secular purposes – he used to have his lyre play to wake him at midnight, the first recorded instance of an alarm clock.  Singing and music was an integral part of the temple service, and the main one for the Levite class who sang collectively, in a choir.  With the destruction of the temple, choirs, and music, in general, was separated from Judaism.  After that cataclysmic event, we have little evidence of choirs and even music.  Indeed, some argued that there was an absolute ban on music extending so far as to prohibit singing. 

It would not be until the early modern period in the  16th century that choirs and music began to play a central role in Jewish ritual, and even then, it was limited – and was associated with modernity or those who practiced a more modern form of the religion. 
Rabbi Leon (Yehudah Aryeh) Modena (1571-1648) was one of the most colorful figures in the Jewish Renaissance. Born in Venice, he traveled extensively among the various cities in the region.[3] He authored over 15 books, and made his living teaching and preaching in synagogues, schools, and private homes; composing poems on commission for various noblemen; and as an assistant printer.  In 1605, he was living in Ferrara where an incident occurred in the synagogue that kickstarted the collective reengagement with music. Modena explained that “we have six or eight knowledgeable men, who know something about the science of song, i.e. “[polyphonic] music,” men of our congregation (may their Rock keep and save them), who on holidays and festivals raise their voices in the synagogue and joyfully sing songs, praises, hymns and melodies such as Ein Keloheinu, Aleinu Leshabeah, Yigdal, Adon Olam etc. to the glory of the Lord in an orderly relationship of the voices according to this science [polyphonic music]. … Now a man stood up to drive them out with the utterance of his lips, answering [those who enjoyed the music], saying that it is not proper to do this, for rejoicing is forbidden, and song is forbidden, and hymns set to artful music have been forbidden since the Temple was destroyed.[4]
Modena was not cowed by this challenge and wrote a lengthy resposum to defend the practice which he sent to the Venetian rabbinate and received their approbation.  But that did not put the matter to rest. 
In 1610, as he approached forty, Modena received his ordination from the Venetian rabbis and settled in Venice to serve not only as a rabbi but as a cantor, with his pleasant tenor voice.  In around 1628 in the Venetian ghetto, an academy of music was organized with Modena serving as the Maestro di Caeppella . Both in name and motto that academy embraced its subversive nature.  It was called the Academia degli Impediti, the Academy of the Hampered, named in derision of the traditional Jewish reluctance to perform music because of “the unhappy state of captivity which hampers every act of competence.” In this spirit, especially in light of Modena’s responsum on music in 1605, the Accademia took the Latin motto Cum Recordaremur Sion, and in Hebrew, Bezokhrenu et Tzion, when we remembered Zion, based paradoxically on Psalm 137, one of the texts invoked against Jewish music: “We hung up our harps…. How shall we sing the Lord’s song in a strange land?”
On Shemini Atzeret and Simchat Torah in October 1628, a spectacular musical performance was held in the Spanish synagogue, which had been decorated with silver and jewels. Two choirs from the academy sang artistic Hebrew renderings of the afternoon service, the evening service, and some Psalms. Their extensive repertoire lasted a few hours. A throng of Christian noblemen and ladies attended the Simchat Torah service. The applause was great, and police had to guard the gates to ensure order
Beyond his musical endeavors, Modena also served as an expert in Hebrew publishing. The two would create a confluence that enabled the first modern Jewish book of music. 
For Rabbi Leon Modena, his young friend, the musician Salamone Rossi, would herald the Jewish re-awakening. We know very little about Rossi’s life. He was born circa 1570 and died sometime after 1628, possibly in 1630. He is listed as a violinist and composer on the payroll of the Gonzaga dukes, rulers of Mantua, and was associated with a Jewish theater company, as composer or performer or both. In addition, Rossi was also writing motets – short pieces of sacred music typically polyphonic and unaccompanied – for the synagogue using contemporary Italian and church styles. He was specifically encouraged in this endeavor by Modena, who urged the composer to have this music published so that it could have an even greater impact.[5] In 1622 the publishing house of Bragadini in Venice issued thirty-three of Rossi’s synagogue motets in a collection, Shirim asher le-Shlomo, that Modena edited. This extraordinary publication represented a huge innovation. First, the use of musical notations that required a particularly thorny issue to be resolved right versus left. Rossi decided to keep the traditional musical notational scheme and provide those from left to right and write the Hebrew backward, because the latter would be more familiar to the reader.  Second, it was the first time the Hebrew synagogue liturgy had ever been set as polyphonic choral music. Polyphony in the Christian church had begun centuries earlier. Rossi’s compositions sound virtually indistinguishable from a church motet, except for one thing: the language is Hebrew – the lyrics are from the liturgy of the synagogue, where this music was performed.
There was bound to be a conflict between the modern Jews who had been influenced by the Italian Renaissance and who supported this innovation, and those with a more conservative theology and praxis. But the antagonism towards music, especially non-traditional music, remained strong. Anticipating objections over Rossi’s musical innovations, and perhaps reflecting discussions that were already going on in Venice or Mantua, Modena wrote a lengthy preface included the responsum he wrote in 1605 in Ferrara in support of music in which he refuted the arguments against polyphony in the synagogue. “Shall the prayers and praises of our musicians become objects of scorn among the nations? Shall they say that we are no longer masters of the art of music and that we cry out to the God of our fathers like dogs and ravens?”3 Modena acknowledged the degraded state of synagogue music in his own time but indicates that it was not always so. “For wise men in all fields of learning flourished in Israel in former times. All noble sciences sprang from them; therefore, the nations honored them and held them in high esteem so that they soared as if on eagles’ wings. Music was not lacking among these sciences; they possessed it in all its perfection and others learned it from them. … However, when it became their lot to dwell among strangers and to wander to distant lands where they were dispersed among alien peoples, these vicissitudes caused them to forget all their knowledge and to be devoid of all wisdom.”  
In the same essay, he quotes Emanuel of Rome, a Jewish poet from the early fourteenth century, who wrote, “What does the science of music say to the Christians? ‘Indeed, I was stolen out of the land of the Hebrews.’” Using the words of Joseph from the book of Genesis, Modena was hinting that the rituals and the music of the Catholic church had been derived from those of ancient Israel, an assertion that has been echoed by many scholars. Although it can be argued that Modena indulges in hyperbole, both ancient and modern with some attributing the earliest ritual music to Obadiah the convert who noted a Jewish prayer that was only then appropriated for use in Gregorian chants.[6] 
Directly addressing the naysayers, Modena wrote that “to remove all criticism from misguided hearts, should there be among our exiles some over-pious soul (of the kind who reject everything new and seek to forbid all knowledge which they cannot share) who may declare this [style of sacred music] forbidden because of things he has learned without understanding, … and to silence one who made confused statements about the same matter. He immediately cites the liturgical exception to the ban on music. Who does not know that all authorities agree that all forms of singing are completely permissible in connection with the observance of the ritual commandments? … I do not see how anyone with a brain in his skull could cast any doubt on the propriety of praising God in song in the synagogue on special Sabbaths and on festivals. … The cantor is urged to intone his prayers in a pleasant voice. If he were able to make his one voice sound like ten singers, would this not be desirable? … and if it happens that they harmonize well with him, should this be considered a sin? … Are these individuals on whom the Lord has bestowed the talent to master the technique of music to be condemned if they use it for His glory? For if they are, then cantors should bray like asses and refrain from singing sweetly lest we invoke the prohibition against vocal music.
No less of an authority than the Shulhan Arukh, explains that “when a cantor who stretches out the prayers to show off his pleasant voice, if his motivation is to praise God with a beautiful melody, then let him be blessed, and let him chant with dignity and awe.” And that was Rossi’s exact motivation to “composed these songs not for my own honor but for the honor of my Father in heaven who created this soul within me. For this, I will give thanks to Him evermore.” The main thrust of Modena’s preface was to silence the criticisms of the “self-proclaimed or pseudo pious ones” and “misguided hearts.”
Modena’s absurdist argument – should we permit the hazzan to bray like an ass – is exactly what a 19th-century rabbi, Rabbi Yosef Zechariah Stern, who was generally opposed to the Haskalah – and some of the very people who started the Choral Synagogue, espoused. Stern argues that synagogal singing is not merely prohibited but is a cardinal sin.  To Stern, such religious singing is only the practice of non-Jews who  “strive to glorify their worship in their meeting house [בית הכנסת שלהם] so that it be with awe, and without other intermediaries that lead to distraction and sometimes even to lightheadedness.  In the case of Jews, however, there is certainly be a desecration of G-d’s Name when we make the holy temple a place of partying and frivolity and a meeting house for men and women … in prayer. there is no place for melodies [נגונים], only the uttering of the liturgy with gravity [כובד ראש] … to do otherwise is the way of arrogance, as one who casts off the yoke, where the opposite is required: submission, awe and gravity, and added to this because of the public desecration of G-d’s Name – a hillul ha-Shem be-rabbim.” (For more on this responsum see here.)
 Similarly, even modern rabbis, for example, R. Eliezer Waldenberg, who died in 2006, also rejected Modena’s position, because of modernity.  Although in this instance, not because of the novelty or the substance of Modena’s decision but because of the author’s lifestyle.  Modena took a modern approach to Jewish life and was guilty of such sins as not wearing a yarmulke in public and permitting ball playing on Shabbos. 
Despite these opinions, for many Orthodox Jews, with some of the Yeshivish or Haredi communities as outliers, song is well entrenched in the services, no more so than on the Yomim Noraim. Nor is Modena an outlier rabbinic opinion of the value of music and divine service.  No less of an authority than the Vilna Gaon is quoted as highly praising music and that it plays a more fundamental role to Judaism that extends well beyond prayer.  Before we turn to the latter point it is worth noting that at times Jewish music was appropriated by non-Jews – among the most important composers, Beethoven.  One the holiest prayer of Yom Kippur, Kol Nedri, is most well-known not for the text (which itself poses many issues) but the near-universal tune.  That tune, although not as repetitive in the prayer can be heard in the sixth movement of Beethoven’s Quartet in C# minor, opus 131 (you can hear a version here).  One theory is in 1824, the Jews in Vienna were finally permitted to build their own synagogue and for the consecration asked Vienna’s most famous composer to write a piece of music.[7]  Although Beethoven did not take the commission, he may have done some research on Jewish music and learned of this tune.  We could ask now, is Beethoven playing a Jewish music?[8]
R. Yisrael M’Sklov, a student of the Gaon records that he urged the study of certain secular subjects as necessary for the proper Torah study, algebra and few other, but “music he praised more than the rest.  He said that most of the fundamentals and secrets of the torah … the Tikkunei Zohar are impossible to understand without music, it is so powerful it can resurrect the dead with its properties.  Many of these melodies and their corresponding secrets were among the items that Moshe brought when he ascended to Sinai.”[9] 
In this, the Gaon was aligned with many Hassidim who regularly incorporated music into their rituals, no matter where the origin.  Just one of many examples, Habad uses the tune to the French national anthem for the prayer Aderet ve-Emunah.  The power of music overrides any considerations of origin.  Indeed, they hold that not only can music affect us, but we can affect the music itself, we hold the power to transform what was impure, the source and make it pure.  That is not simply a cute excuse, but the essence of what Hassidim view the purpose of Judaism, making holy the world.  Music is no longer a method of attaining holiness, singing is itself holiness.[10]  
Today in Vilna, of the over 140 places of worship before the Holocaust five shul buildings remain and only one shul is still in operation.  That shul is the Choral Synagogue – the musical shul.  Nonetheless not all as it should be.  In the 1960s a rabbi from Israel was selected as the rabbi for the community and the shul.  When he arrived, he insisted that choirs have no place in Judaism and ordered the choir arches sealed up.  We, however, have the opportunity, as individuals and community to use the power of music to assist us on the High Holidays – that can be me-hayeh ma’tim.
[1] See Cohen-Mushlin, Synagogues in Lithuania N-Z, 253-61. For more on the founding of the congregation see Mordechai Zalkin, “Kavu le-Shalom ve-ain:  Perek be-Toldot ha-Kneset ha-Maskili ‘Taharat ha-Kodesh be-Vilna,” in Yashan mi-Pnei Hadash: Mehkarim be-Toldot Yehudei Mizrah Eiropah u-ve-Tarbutam: Shai le-Imanuel Etkes, eds. David Asaf and Ada Rapoport-Albert (Jerusalem:  Merkaz Zalman Shazar, 2009) 385-403. The images are taken from Cohen-Mushlin. 
[2] Hirsz Abramowicz, Profiles of a Lost World (Detroit:  Wayne State University Press, 1999), 293.
[3] Regarding Modena see his autobiography, translated into English, The Autobiography of a Seventeenth Century Rabbi, ed. Mark Cohen (Princeton:  Princeton University Press, 1988); and the collection of articles in The Lion Shall Roar: Leon Modena and his World, ed. David Malkiel, Italia, Conference Supplement Series, 1 (Jerusalem:  Hebrew University Press, 2003).
[4] His responsum was reprinted in Yehuda Areyeh Modena, She’a lot u-Teshuvot Ziknei Yehuda, ed. Shlomo Simonsin (Jerusalem: Mossad Harav Kook, 1956), 15-20.
[5] See generally Don Harrán, Salamone Rossi:  Jewish Musician in Late Renaissance Mantua (Oxford: Oxford University Press, 1999); Michelene Wandor, “Salamone Rossi, Judaism and the Musical Cannon,” European Judaism 35 (2002): 26-35; Peter Gradenwitz, The Music of Israel:  From the Biblical Era to Modern Times 2nd ed. (Portland: Amadeus Press, 1996), 145-58. 
The innovations of Rossi and Modena ended abruptly in the destruction of the Mantua Ghetto in 1630 and the dispersion of the Jewish community. The music was lost until the late 1800s when Chazzan Weintraub discovered it and began to distribute it once again.

[6] See Golb who questions this attribution and argues the reverse and also describes the earlier scholarship on Obadiah.  Golb, “The Music of Obadiah the Proselyte and his Conversion,” Journal of Jewish Studies 18: 43-46.
[7] Such ceremonies were not confined to Austria.  In Italy since the middle of the seventeenth century, special ceremonies for the dedication of synagogues had become commonplace.  See Gradenwitz, Music of Israel, 159-60.
[8] Jack Gotlieb, Funny, It Doesn’t Sound Jewish, (New York:  State University Press of New York, 2004), 17-18; see also Theodore Albrecht, “Beethoven’s Quotation of Kol Nerei in His String Quartet, op. 131:  A Circumstantial Case for Sherlock Holmes,” in I Will Sing and Make Music:  Jewish Music and Musicians Through the Ages, ed. Leonard Greenspoon (Nebraska:  Creighton University Press, 2008), 149-165. For more on the history of the synagogue see Max Grunwald, Vienna (Philadephia:  Jewish Publication Society of America, 1936), 205-21.
[9] R. Yisrael M’Sklov, Pat ha-Shulhan  (Sefat, 1836).
[10] See Mordechai Avraham Katz, “Be-Inyan Shirat Negunim ha-Moshrim etsel ha-Goyim,” Minhat ha-Kayits, 73-74.  However, some have refused to believe that any “tzadik” ever used such tunes.  Idem. 73. See also our earlier article discussing the use of non-Jewish tunes “Hatikvah, Shir HaMa’a lot, & Censorship.” 



A Quotation Fabrication: What the Rema did Not Say on Wearing Leather Shoes on Yom Kippur

A Fabricated Rema Quotation on Wearing Leather Shoes
by Rabbi Ari Z. Zivotofsky

The PETA website (accessed Aug 2, 2011) states:

“Jews are prohibited from wearing leather on Yom Kippur.”

The site continues by stating:
“Jewish Vegetarians of North America President Richard H. Schwartz explains “One reason is that it is not considered proper to plead for compassion when one has not shown compassion to the creatures of G-d, whose concern extends to all of His creatures.” (see his website)
They further assert:
“Many rabbis through the ages have shared this view. Rabbi Moses Isserles (c. 1528-1572), aka the Rema, said, “How can a man put on shoes, a piece of clothing for which it is necessary to kill a living thing, on Yom Kippur, which is a day of grace and compassion, when it is written ‘His tender mercies are over all His works’?” (Psalms 145:9).”

I came across this while researching my Fall 2011 Jewish Action column on the misconception that it is prohibited to wear leather items, such as a leather belt or yarmulke, on Yom Kippur and Tisha B’av (see here). Actually, as I show in that article, there is no general prohibition against wearing leather on Yom Kippur. Furthermore, there is not even a prohibition of wearing “leather shoes.” Rather, the prohibition on Yom Kippur and Tisha b’Av is wearing “shoes”, which in normative halacha are defined as leather shoes, although not everyone agrees to that and many authorities assume the prohibition is to wear any protective shoe.[1] Thus, not wearing leather shoes has nothing to do with compassion to animals, but is rather an innui for us, not compassion for animals. In addition, these rules also apply on Tisha B’av when there is no “pleading for compassion” and when we also wear leather at Mincha – when we put on tefillin.

But most intriguing was this “quote” from the Rema that PETA cited from Richard H. Schwartz. It did not sound like the Rema, and indeed it does not exist. So I proceeded to track down its origin. (It seemed unlikely that Richard Schwartz would simply fabricate a quote.) The Rema (OC 223:6, cf KSA 59:13) does quote that verse, but in a different context. He records that it is customary that when someone acquires a new garment people wish him well by saying “tivale v’tichadash – may you wear it out and get a new one”, however some people say not to say that on leather garments because then another animal will need to be killed and God is merciful on all his creatures. Amazingly, the Rema then rejects that argument as weak. Thus, in the only place where the Rema cites that pasuk he rejects it as a reason.

So where did PETA find this “quote”? In Schwartz’s book Judaism and Vegetarianism (p. 21 in the 1988 ed.) he includes this –


– and in footnote 34 he tells us that his source for this amazing quote is Samuel Dresner, The Jewish Dietary Laws (p. 33-34, 1966 ed). Unfortunately, Schwartz misread Dresner, misunderstood where quotes ended, did not look up Dresner’s source, and thereby fabricated a quote from the Rema.

Dresner’s point of departure was the law cited above regarding the good wishes offered upon putting on a new garment. He then cites a novel reason for the prohibition of leather shoes, but does not give much detail about his source. It turns out that this reason is found for the first time in Toldot Esther, a commentary by Rabbi Shlomo Tzvi Shück (1844-1916) on the Siddur haMinhagim of Rabbi Yitzchak Isaac Tirna (64a in the 1880 ed. link).

Dresner may or may not have understood where the quotes end, but it is indeed confusing in his English rendition.

He quotes the Rema regarding leather clothing along with the pasuk from Tehillim (and following Shick, leaves out the Rema’s rejection). He then quotes the Rema regarding no shechiyanu on shechita and, without opening or closing quotes, proceeds into Shick’s novel reason for not wearing leather shoes on Yom Kippur.

Rav Shick (see scan below) was very clear in how he explained himself. He wrote that he had his way of explaining the prohibition of wearing (leather) shoes on Yom Kippur. He then cited the Rema on new clothes and the Rema on shehechiyanu on a first occasion, and based on those asked rhetorically how on Yom Kippur which is a day of chesed v’rachamim one can wear a garment that necessitated killing an animal. He had no fabricated quotes, but he does offer a perplexing explanation for something that was not looking for one. As noted above, the prohibition on Yom Kippur is to wear shoes, which some people understand to mean leather shoes. But the prohibition is derived from the fact that going shoeless is an innui. It also therefore applies on Tisha b’Av and to mourners, obviously unrelated to chesed v’rachamim. Furthermore, leather may be worn on Yom Kippur.

Thus, a novel, difficult to understand explanation for a straightforward prohibition has spawned a fabricated quote from the Rema that is now fairly widespread on the web.

[1] Safrai, Mishnat Eretz Yisrael, demonstrates that the earliest prohibition was to wear any shoe, leather or otherwise. They point to the Tosefta which prohibits “even empilia of cloth.” They understand that to mean a cloth shoe. The Yerushalmi, that distinguishes between leather shoes is modifying the original prohibition, as found in the Tosefta, that prohibited all shoes. According to this, it is somewhat understandable how one could shun all shoes today.[2] Another source does give a reason why specifically leather shoes are prohibited. Shu”t Maharshag (#110 in 5743 ed.) (Rav Shimon Greenfield, 1860 – 1930; one of the leading rabbis in post-Word War I Hungary. A student of Rav Moshe (“Maharam”) Shick, a cousin of Rabbi Shlomo Tzvi Shick) parenthetically quotes that the Pri Eitz HaChaim quotes the AriZal gave a kabbalistic reason why on Yom Kippur specifically leather shoes are prohibited. Again, it has nothing to do with leather or compassion to animals.Rav Yehuda Aszod (1796-1866; Shu”t Yehudah Ya’aleh 1:164) was asked whether one may shecht on Rosh Hashana. It is clear from Tanach (Nechemia 8:10) and the Mishna (Hullin 5:3) that meat was commonly eaten on Rosh Hashanah. Nonetheless, Rav Aszod noted that all shechita includes an element of tzar ba’alei chaim and without the Torah’s explicit permission would be prohibited. On the yom ha-din when we are asking for mercy it is inappropriate to shecht an animal.



Yom Kippur Reading

First, we have Eliezer’s post discussing Teffilah Zakah, then we have his review of R. Yedidyah Weil’s Levushi Badim and its implications for Yom Kippur, Prof. Frimmer’s discussion about Sperber’s use of various leincies on Yom Kippur and whether they have broader application, Marc Shapiro’s discussion about the R. Soloveitchik Machzor (its towards the end of the post), a discussion about candles on Yom Kippur, the censorship of the statement that the Besamim Rosh is worthy of being burnt even on Yom Kippur, a wonderful example how some errronous customs get started – this one in particular invovled a butcher, a zuger and a barrel.



Review of R. Yedidyah Tiyah Weil’s Levushi Badim: With An Eye Towards Yom Kippur

Review of R. Yedidyah Tiyah Weil’s Levushi Badim:
With An Eye Towards Yom Kippur
By Rabbi Eliezer Brodt

One aspect of our rich literature that is rarely tapped into properly is the area of Sifrei Derush. We have a complete literature of seforim in this genre from Rishonim until modern times, including many styles, from all kinds of gedolim, from completely different schools countries, etc. There are Sifrei Derush strictly written according to peshat, while others deal with allegorical interpretations, Halakha, Kabbalah, Derush, Mussar and Chassidus. This area is extremely important in our quest for information in many different fields. First and foremost, we have the actual interpretations said by the various darshanim. When reading through these works of derush, you will generally find answers to many topics that might interest you, explanations to many passages in chazal which until than you had been unsuccessful in locating satisfactory explanations. Unfortunately, there is no proper index for all of this material, although some attempts have been made over the years to fill this lacuna. Second of all, these seforim provide us with a rich history of the Jews through out the ages. When we read what the darshanim choose to deal with in the mussar section of these derashos, we can see the various areas they were lax in. We can see that Jews, in all eras, always had various issues in which they were lax. Besides for this, many times we can see various minhagim that Jews observed and why they observed them.

In an upcoming post at the Seforim blog, I will discuss more of the broader implications of studying Sifrei Derush, but in this post I shall discuss one such sefer and how it helps us prepare for Yom Kippur.

In 1988, the manuscript of the derashos Levushi Badim from R. Yedidyah Tiyah Weil were printed for the first time. In a previous post at the Seforim blog I briefly discussion a little about this great goan, R. Yedidyah Tiyah Weil, who was the son of R. Nesanel Weil, the author of the well-known commentary on the Ro”SH – the Korban Nesanel. Just a bit of biographical information about R. Yedidiah. Born in 1722, R. Yedidyah Tiyah Weil died in 1806 at the age of 84. He was a student of both his father, the Korban Nesanel, and R. Yonason Eybeschutz, and served as the Rav of Karlsruh, and as the Rosh Yeshiva there. He wrote much; however, aside for his Haggadah, nothing else was printed until 1977. (See the Introduction to R. Weil’s Hiddushe Rabbi Yedidyah Weil: Masekhet Niddah (Makhon Ahavat Shalom, 2003). And, although some has recently been published, much of his work remains in manuscript. However, recently the important and excellent notes of his on Hilkhot Shabbat (over 60 pages of material) have been printed in a Kovetz called Deror Yekro.

This sefer is a collection of thirty three derashos that R. Yedidyah Tiyah Weil gave over thirty-three years on Yom Kippur before Kol Nedrei. He writes that he saw this time was a successful time to give the derasha as this is the best time to have the crowd focused as they are not hungry or tired yet from fasting because the fast just began.

The style of these derashos are very interesting, one can see that people on many levels could enjoy them. He included all kinds of explanations on Gemarah and other difficult statements in chazal. Many times he veried off into a little kabbalah. He almost always included a mashul (parable) which is a highly effective way to captivate the masses to listen to ones derasha. The breadth of sources that he spoke about from Chazal, Rishonim and Achronim is just incredible. One can see a complete list of this in the very through index included in the back of the sefer. Many times he threw in specific examples of areas which the people were lax in (more on this soon).

As I mentioned this sefer has a wealth of information especially in regard to Yom Kippur. I will just give a partial list here of some of the minhaghim mentioned in this work.

As noted above, these derashos were said before Kol Nidrei, delaying the time when Kol Nidrei was said. This custom of saying a derasha and when to say it is widespread and has very early sources as is discussed by R. Freund in his Moadim le-Simcha (pp. 318-322). He also deals with pushing off Kol Nidrei a bit later for these derashos. One of the sources he missed is this sefer Levushei Badim. [For more on this topic, see my forthcoming article in the upcoming issue of Yerushateinu, vol. 2 (5768).] He explains a few reasons why we begin Yom Kippur with Kol Nidrei (pp. 3, 27, 103). For a very comprehensive article on Kol Nedrei see Minhaghei Hakehilos, pp. 209-226.

Many of R. Yedidyah Tiyah Weil’s derashos include an explanation for the Minhag of the Arizal as to why we say the passuk אור זרוע לצדיק (amongst them p. 14 in the introduction, pp. 3, 8, 11, 15 and 20). For more on this topic see Pardes Eliezer pp. 261-267 and Minhaghei Hakehilos, pp. 104-105.

One of the topics he returns to throughout the derashos is explanations for wearing white clothes – and the kittel on Yom Kippur. In his introduction he lists ten reasons for this Minhag amongst them is the famous one to remind one of death. Other reasons include that we are like malachim on Yom Kippur and that we are like the Kohen Gadol. (For a partial list, see introduction and pp. 6, 11, 20, 73, 94). For more on this topic in general see the Pardes Eliezer pp. 124-169 and my forthcoming work on Rosh Hashna and Yom Kippur (mentioned previously at the Seforim blog).

He has many reasons for the Minhag of asking ones friends Mecheilah (see pp. 11, 39, 84, 106, 123 and 143). For a recent discussion of this topic see Minhaghei Hakehilos (pp. 204-208). He also discusses the reason why one has to immerse oneself in a mikvah before Yom Kippur (p. 18).

R. Yedidyah Tiyah Weil writes that Minhag Polin was to end davening of Yom Kippur after the tekios with everyone saying לשנה הבאה בירושלים (p. 196). He repeats many times in the derashos that crying during davening is very important (pp. 99, 126, 171, and 193) and it even helps ones tefilos to be accepted (p. 159).

Besides for minhagim and interesting points in regard to Yom Kippur there are many other points of general interest; for example, R. Yedidyah Tiyah Weil has a discussion about making a golem, where he provides a source that R. Avigdor Kra created one (p. 37). See my earlier post at the Seforim blog on this great Goan. He also has a discussion on reading the ability of different Gedolim to read foreheads.

He has a very interesting discussion about giving Zedaka to a fraud saying even though you know he is a fraud still give him (p. 135) I will quote it in Hebrew as it loses a little in translation.

ונראה דאיתא בגמרא אר”ל באו ונחזיק טובה לרמאים שאלמלא הן היינו חוטאין, והנה אם מיירי בעניים מהדרי פתחין שידעינן בודאי שהן רמאין ואינם מהוגנים אין מן הראוי לתת להם צדקה ובעבור זה רבים נמנעין ליתן להם צדקה כי יודעין שהם רמאים ואינם מהוגנים ולא שייך דברי ריש לקיש, אבל האמת לפי החיקרה דתירץ זה ליתא לפי האמת, דהא אנו אומרים בתפילה אבינו מלכנו חננו ועננו כי אין בנו מעשים עשה עמנו צדקה וחסד והושיענו ואנחנו ודאי רמאים לפני הקב”ה כי הוא יודע כל הנסתרות וחופש כל חדרי בטל ולא יצדק לפני כל חי, והיאך ישעה עמנו צדקה הלא גם אתם אינכם נותנים צדקה לרמאים, לפיכך אנחנו חייבים לתת צדקה אפילו לרמאים, אם כן כמו שאנו עושין צדקה לרמאים, כן תעשה עמנו צדקה.

Another beautiful piece of his is on two other phrases in Aveinu Malkeinu. Here too, I will quote it in Hebrew.

כמו שתקנו אבינו מלכנו עשה למען הרוגים על שם קדשיך, אבינו מלכנו עשה למען טבוחים על יחודך, אבינו מלכנו עשה למען באי באש ובמים על קידוש שמך, ויש להבין וכי טבוחים לאו בכלל הרוגים כי כמה מיני הרג ואבדון הי’ לחסידי עליון, ועוד למה מזכיר גם הרוגים שם קדשך שהי’ מקדשים שמו ברבים, וגבי טבוחים אמר לשון יחודך, ונראה בזה בשעת גזרת שמד היו מתאספים אנשים ונשים ושחטו עצמן ואת בניהם ובנותיהם וצורחים שמע ישראל כדי לצאת נשמתם באחד… וכן רבינו קלונימוס בקינה מי יתן ראשי מים, וזהו למען טבוחים על יחודך שה’ טובחים עצמן על יחודך באמירת ה’ אחד והא דאמר’ למען באי באש ובמים אף על גב דהם נמי בכלל הרוגים, נראה לענית דעתי דאית’ בתעניות דף כט דכתות כתות של פרחי כהונה קפצו לתוך האש בשעת שנשרף ההיכל בבית הראשון, וכן בבית שני הפילו עצמן ד’ מאות ילדים וד’ מאות ילדות לתוך הים כדאיתא בהניזקין, לכך אמר באי מעצמן באש בחורבן ראשון ובמים בחורבן בית שני, והואיל שיצאת נשמתן לא הי’ באחד אמר למען קדוש שמך מה שאין כן בטבוחים על יחודך, שהיו מכוונים בגמר שחיטה אבות לבנים בה’ אחד.

One more piece of which I would like to quote is R. Yedidyah Tiyah Weil’s elaboration of an idea in the Zohar and R. Yosef Gitliah in his Sharei Orah which is a very important concept for Davening (p. 119):

בשערי אורה… וז”ל אם יחיד מתפלל תפילה שאינו הוגנת אז נקראת תפילה פסולה ודוחים אותה לחוץ, ואם תאמר נמצא רוב תפילות של יחיד נפסדות ונאבדות כי אחת מני אלף לא נוכל לכוין את תפילתנו בענין שראוי להתקבל, דע שיש רקיע למעלה ושם ממונים ושמורים, וכל אותן תפילות הפסולות מכניסין באותו הרקיע ואם חזר זה היחיד והתפלל תפילה אחת בכוונה גדולה והגונה ואז אם היא עולה למעלה מתדבקים כל התפילות הפסולות עמה ע”ש שהאריך. אמנם נראה, אם מת אותו יחיד ולא התפלל תפילה אחת בכוונה, וכי יעלה על הדעת שח”ו יפסיד כל התפילות שהיה מתפלל?! ואולי יש לומר, אם בנו היה מתפלל תפילה אחת בכוונה גדולה, אז מעלה בנו כל תפילות של אביו (ואפשר, דזה הטעם דאבל מתפלל בציבור), כי ברא מזכה דאבא. ויען, אם גם בנו לא התפלל תפילה אחת בכוונה או אם אין לו בן, אם כן הפסיד כל התפילות, לזה אם יגולגל נשמתו לבוא בעולם ויתפלל עוד תפילות אחרות בכוונה גדולה – מעלה כל התפילות הפסולות שהתפלל בגלגולים אחרים.

In my forthcoming work on Rosh Hashanah and Yom Kippur (mentioned previously at the Seforim blog) I have devoted an entire chapter on this topic.

Besides for all these interesting pieces and gems in the sefer there are many things which give us a historical picture of the author’s era. We see many of the problems that people had in those times. One very rich passage (p. 48) which I will quote in Hebrew is as follows:

ובענין המחלוקות מקורן מכמה סיבות שונות הגורמות לזה א, בעינן התורה והפלפול משרבו התלמידים שלא שמשו כל צרכן נעשתה התורה כשתי תורות. ב, מחמת סיבות ממון ופרנסה… וכל אחד מסיג גבול רעהו ומקנא במשא ומתן וגורם כמה מחלוקות. ג, מחמת שכנים וכבר צוח הנביא הוי נגע בית בבית ובונה עליותיו בלא משפט. ד, דרך אחים ואחיות להיות מריבות וקטטות ביניהם הן מחמת ירושה או מאהבת האבות לבן בין הבנים כמו ביוסף עם אחיו. ה, רגיל להיות מחלוקות בין השותפין שחושדו שלא עשה כהוגן ולא עסק כראוי ובכלל זה קטטת איש ואשתו דנקראין שותפין. ו, לפעמים נופל מחלוקת בבתי כנסיות הן מחמת עליות התורה או מחמת מקום שיושבים עליו או מחמת שמביאין טף עמהם.

I think its incredible how all these problems which we thought only exist today did even back than.

Amongst the sins that he mentions in the derashos that he wanted them to improve on and do teshuvah which gives us more of a picture of that time were: talking during davening (p. 134), shaving with a razor (pp. 2, 133), shaving on chol hamoad (p. 185), woman not dressing properly (pp. 143-144), drinking yayin nessach (p. 133) and buying food from goyim on shabbos sometimes by means of their children (p. 144).




Teffilah Zakah: History of a Controversial Prayer

Teffilah Zakah:
History of a Controversial Prayer*

Yom Kippur has many unique prayers, many of them have been added through the centuries. For instance, R. Hayyim Yosef Dovid Azulai (Hida) has a longer viduy. Another such addition is the prayer known as Teffilah Zakah. In this prayer the person enumerates and connects their various sins with various acts and asks for forgiveness. Additionally, the person forgives any who have caused them pain or harmed them. This prayer was popularized by R. Avraham Danzig, in his Hayye Adam.

There are two reasons offered for reciting this prayer. Dr. Sperber opines (Minhagei Yisrael, vol. 2, p. 37 and esp. n.10) that the purpose of this prayer is to fulfill the opinion of the Ramban who holds that is an additional viduy on directly prior to Kol Nedrei on Erev Yom Kippur. (He offers that either Teffilah Zakah or a piyyut from R. Abraham ibn Ezra, fulfills this purpose). R. Abraham Ashkenazi (Brit Abraham, Warsaw, 1884, no. 129) offers a different reason for Teffilah Zakah. The purpose according to him, is to accept Yom Kippur early. At the end of Teffilah Zakah, one voices that they are accepting “kedushas Yom Kippurim.” In fact, R. Ashkenazi holds that for the purposes of fulfilling the opinion of the Ramban Teffilah Zakah would be insufficient as it differs significantly from the standard viduy. R. Ashkenazi, however, also holds that one should fulfill the Ramban’s opinion and thus recite the regular viduy after Teffilah Zakkah. (Surprisingly, Dr. Sperber doesn’t discuss R. Ashkenazi’s concern).

As mentioned above, Teffilah Zakah has a passage where one forgives others who may have sinned against him. This is necessary, as although Yom Kippur takes care of sins between man and God, it can’t take care of sins between man and man. Thus, it is necessary for each to receive forgiveness from their fellowman to achieve full forgiveness. Teffilah Zakah is long, and this paragraph that forgives others, appears at the end. The Chofetz Chaim attempted to alleviate this problem “and contacted the printers to change the placement of this paragraph of Teffilah Zakah . That is, to place this later paragraph earlier in prayer, to place the paragraph where one forgives others in the middle or the beginning.” According to the Chofetz Chaim’s son, R. Areyeh Leib, some siddurim did in fact shift around the prayer. (Michtevei Chofetz Chaim, p. 21-2 no. 52; quoted in Sperber, Minhagei Yisrael, vol. 4, 274).

The source to popularize this prayer is the book Hayye Adam.[1] Hayye Adam was first published in 1809, then in 1819 (the discussion regarding Teffilah Zakah only appears in this second edition – and thus, perhaps should be called a mahdurah [2]), and the third edition in 1825 – it would be this third edition that would be used for subsequent printing. [3] And, thereafter there was a flood of reprints – by 1960, Hayye Adam had been published at least 103 times (!) – a very popular book by any measure. While the book was reprinted on many occasions there were slight changes (some for the worse – there were many printing errors that crept in). As relevant to our discussion, in some editions, the portion discussing Teffilah Zakah changed as well.[4] The source that R. Danzig lists for Teffilah Zakah (klall 144), is the Sefer Hemdat Yamim. [5] In light of the fact that Hemdat Yamim is controversial in some editions of the Hayye Adam they removed words “Hemdat Yamim” so as not to have that as the source for this prayer.[6] Not all publishers dealt with the mention of Hemdat Yamim in the same manner. The full passage, as per the second edition of the Hayye Adam (see above – this is the first time this prayer appears in the Hayye Adam):

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל וכבר נדפס בחמדת הימים התפילה שיסדר ואמנם לא כל אדם מבין הדברים רק מי שבא בסוד ה’ ומי שא”י הוא להם כדברי ספר החתום ולכן העתקתי בספרי’ קדמונים תפלה בלשון קל . . . וכו

In the Zolkeiv(1838) edition the words “וכבר נדפס בחמדת הימים” are missing (this makes the next clause – “but not everyone understands those words” and “those words will be like a closed book” unintelligible); while in the Vilna (1849) edition only the words

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל

and the rest of the paragraph explaining why R. Danzig was required to create a new prayer in a “simple language” doesn’t appear. In the Vilna (1895) edition they have as follows:

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל והעתקתי בספרים קדמונים לומר אז וידיו בלשון קל

This way they avoid the ambiguous pronoun (the problem with the Zolkeiv) and provide background for the prayer generally, of course they have still altered what R. Danzig found unremarkable.

The twin factors [7] of the use of a suspect work, Hemdat Yamim, and the creation of a new prayer, made some hesitant to adopt Teffilah Zakah. In the Tosefot Hayyim, a commentary on the Hayye Adam written by R. Meshulum Finkelstein, [8] deals with both of these issues and defends the recitation of Teffilah Zakah (klall 144 n.31). First, he alleges the prayer is not the same as that in Hemdat Yamim.[9] Second, he argues that the concern of saying a later prayer – this concern is attributed to the AriZal and is why, according to some the Yigdal prayer is not recited in some circles – is applicable to “yehidei segulah” (special people) and not to the masses. This is demonstrated by the many piyyutim we recite which are later than the cut-off date for prayers (R. Eliezer HaKalir – whenever he may have lived). Additionally, according to some, any prayer that has been accepted by the masses, this concern is not applicable.[10]

What is worthwhile mentioning is that R. Danzig is not the only talmid HaGra to use the Hemdat Yamim. He is also not the only talmid HaGra to have his work censored for such an inclusion. R. Eliach (Avi HaYeshivos, pp. 184-186) notes that the talmidei HaGra had no problem using and praising the Hemdat Yamim. Aside from R. Danzig, R. Alexander Suesskind, author of the Yesod V’Soresh HaAvodah, in his Last Will and Testament he praises the study of Hemdat Yamim. In at least one edition of R. Suesskind’s Last Will and Testament, Tzavah Yesod V’Soresh HaAvodah, Jerusalem, 1955, the reference to the Hemdat Yamim was removed. Thus, on the one hand we have a group of people who had no issues using the Hemdat Yamim, while on the other hand, there is another group of people who wish to remove any such references.

Whatever the ultimate source of this prayer, there is no doubt that today, it is a popular one.

Notes

*The fullest discussion of this prayer can be found in Mordechai Meyer’s article “On ‘Teffilah Zakah'” in Kenishta, vol. 2 pp. 119-138 including the language above of the various editions of the Hayye Adam.

[1] According to R. Barukh haLevi Epstein, (Mekor Barukh, vol. 3 p. 1260 [end of chapter 21]), R. Danzig titled the book Hayye Adam to avoid any attempt to abridge it as it would then be titled Kitzur Hayye Adam (Shortening the Life of Man). If this is true, it appears it did not help as in 1854 an abridged version was published although the title was Kitzur M’Sefer Hayye Adam (An Abridgement of the Work Hayye Adam). Interestingly, R. Y.S. Nathenson refers to the Sefer Hayye Adam as Kitzur Hayye Adam. Shu”t Shoel u’Meshiv, vol. 2 no. 14 (it is unclear whether there should be a Hey prior to Hayye Adam that would have R. Nathenson as merely listing the Sefer Hayye Adam as an abridgment and the “kitzur” part would not be part of the title.)

[2] For the use of this term “mahdurah” and when it should be applied and more specifically should this second edition of the Hayye Adam should be deemed a mahdurah m’Tukenet or mahdurah Sheneiah, see Y.S. Speigel, Amudim b’Toldot Sefer HaIvri: Kitveah v’Hatakah, Ramat Gan, 2005, 109-60.

[3] Teffilah Zakah was published separately numerous times under the title Teffilah Zakah (it was here it seems the usage of Teffilah Zakah became popular – R. Danzig never refers to it as Teffilah Zakah). The first time it was published was in Minsk, 1833 (see Meir, supra, p. 122)(there is possibly one earlier print by a year or so, in Russia also around 1830 but this is not definite) and republished as a seperate prayer on numerous occasions (by 1900 it had been published close to 50 times). It was first incorporated into the Machzor in 1882 in the Romm edition of the Machzor. (Meir, p. 124) Although the title of Teffilah Zakah was well established as late as 1856 this prayer was published under the title Teffilah HaEtkah M’Sefer Hayye Adam and not Teffilah Zakah.

[4] While the exact nusach of Teffilah Zakah does not appear in Hemdat Yamim, much of it does (see notes below for more). There are those who claim that since the teffilah is not the same, thus, Teffilah Zakah doesn’t really come from Hemdat Yamin. This is wrong. First, R. Danzig states it does – so he had no problem with it. Second, even if it is not word for word, and R. Danzig “improved” on the one in Hemdat Yamim, at the very least the basis for it, and much of it does in fact come from Hemdat Yamim. But, it is unsurprising that people would go to great lengths to void Hemdat Yamim as the source for this popular prayer.

[4] The removal of the mention of Hemdat Yamim both here and in other cases (including the discussion below regarding R. Suesskind’s work) is discussed by R. S. Divlitsky, “HaShmotot Mahdirim,” in Taggim, 1 (1969), 76-77 [Ya’ari, in Talmuot Sefer, also mentions the change to the Hayye Adam see under index under Hayye Adam]. For other examples of removal or changes to various editions of the Hayye Adam see R. A.I. Goldroth, “Al HaSefer ‘Hayye Adam’ U’Mechbro,” in Sefer Margoliyos, Jerusalem, 1973, pp. 262-67 esp. n.1. For a discussion about Teffilah Zakah, as well as the Hayye Adam see R. E. Levin & M. I. Blau, “Teffilah Zakah,” in Mishpacha, Kulmus, Tishrei, 2008, 16-19; and Blau’s earlier article, “Al Sefer Hemdat Yamim,” in Kovetz Bet Ahron v’Yisrael, Nissan, 2004 (112), pp. 161-164.

[5] In the Zolikav, 1838, Vilna, 1849; Tchernowitz, 1864; editions the words Hemdat Yamim are cut out and instead, the line reads, “in the works of the AriZal” and then has Teffilah Zakah. This is not the only mention of Hemdat Yamim in Hayye Adam. When discussing (klall 145) what happens if one has a nocturnal emission on Yom Kippur the Hayye Adam again cites to the Hemdat Yamim. In some editions the words “Hemdat Yamim” are missing, in others, it is abbreviated (“ח”ה”), so only those “in the know” will be able to understand.

[6] There is a third concern raised by the former Pupa Rebbi, who notes that as Teffilah Zakah discusses inappropriate sexual behavior, one should avoid saying it as it may lead to improper thoughts about the possible improper behavior. See R. G. Zinner, Neta Gavreil, Hilchot Yom HaKippurim, Jerusalem, 2001, p. 185 n.4. For a list of those who did not say Teffilah Zakah, see Y. Mondshein, Otzar Minhagei Chabad, [Jerusalem], 1995, pp. 200-01. Among other reasons, a similar reason to the Pupa Rebbi is offered by the wife of the Tzemach Tzedek. Additionally, a entirely new reason is given – that Teffilah Zakah is actually a deficient or inadequate prayer. As it is so bad is why, perversly, it has become so popular because, it seems, people like junk. See id. at n.1 in the name of the Sefer Areyeh Sha’ag.
See also, R. T. Ohrenreich, Katseh haMateh, in Mateh Efrahim, no. 619:17 who offers other methods to fulfill the opinions who hold one must do a viduy prior to the onset of Yom Kippur in lieu of Teffilah Zakah.

[7] It was first published in the Warsaw, 1888 edition of the Hayye Adam. R. Finkelstein wrote not only a commentary on Hayye Adam but also on the Matteh Efrahim, Elef HaMogan, first published in Mateh Efrahim HaShalem, Pitrokov, 1908. He also published a collection of commentaries on the Mishna under the title Tosefot Hakhomim, Warsaw, 1916.

[8] See note 4 above. This justification is bizarre. First, as noted above, the Hayye Adam says he is using the Hemdat Yamim – so at the very least he had no problem if it was there. Second, there are entire passages that do appear in Hemdat Yamim. For instance, the Hemdat Yamim has using kissing the sefer Torah to fix various sins (p. 291 of Tzuriel ed. – all citations are to this edition). Or there is an extensive discussion about the inability to fix something that someone stole from someone else (p. 229-36). There is another list of sins that mimic that in Teffilah Zakah (p. 252-57).

[9] This reasoning appears somewhat circular in that how did the prayer get started if one is prohibited from saying it to begin with? Even if one assumes this is merely extending the concept of “im ain neviem, beni neviem hamah,” it doesn’t excuse the R. Danzig from advocating for something that is prohibited.




Candles on Yom Kippur: Reinstating a Lost Minhag

The Physical and Spiritual Light of Yom Kippur:
Reinstating a Lost Minhag to Enhance the Spirituality of Today’s Synagogue
by: Rabbis Aaron Goldscheider & Barry Kornblau*
Introduction

“Or Zarua la’tzadik – Light is sown for the righteous.” Each year, we begin our Yom Kippur prayers with these repeated, resounding words which Aruch Hashulchan tells us refer to “great matters that are beyond explanation.” If there is one evening of the entire Jewish year when we most seek the great, inexplicable light of God’s shechina, it is Yom Kippur eve. We enter the synagogue with great expectations, to feel close to the Divine, and to feel the warmth of His light and presence. As we say throughout the penitential season, Hashem ori ve’yishi – God is my light and salvation.

Below, we shall see that rabbinic literature prescribes the lighting of candles in the synagogue on Yom Kippur eve. We believe that, for many, reinstating this practice could enhance the spirituality of Yom Kippur eve.

An ancient practice

The practice we seek to reinstate is neither the kindling of Yahrzeit candles, nor the lighting of candles lit by women at home on each Shabbat and Yom Tov evening, including Yom Kippur eve. Rather, it is a third practice – usually not seen here in the United States – that dates back nearly two millennia, to the Mishna. Let us consider the Misnha (Pesachim 4:4 in its entirety, which begins with the custom of candle lighting in the home:

מקום שנהגו להדליק את הנר בלילי יום הכפורים – מדליקין; מקום שנהגו שלא להדליק – אין מדליקין

A place where they have practiced to kindle the light on Yom Kippur eves – they kindle.
A place where they have practiced not to kindle – they do not kindle.

The Tosefta and both the Babylonian and Jerusalem Talmuds all explain that these differing practices regarding whether to kindle lights in private homes are both intended to prevent marital relations on the night of Yom Kippur, when that activity is forbidden. The custom to kindle was intended to remind a couple to refrain from marital relations on Yom Kippur eve by creating a lit setting in which such relations are forbidden by Talmudic law, and in which people would be naturally sexually reticent.[1] The custom not to light on Yom Kippur eve, on the other hand, was intended to diminish the husband’s desire for relations with his wife by eliminating the light which allows him to see her and thereby desire her.

Having considered differing practices regarding lighting in private homes, the Mishna goes on to discuss the uniform practice of lighting in public venues – the main focus of this post at the Seforim blog:

ומדליקין בבתי כנסיות ובבתי מדרשות. ובמבואות האפלים, ועל גבי החולים

They kindle in synagogues, study halls, and dark alleyways, and near the ill.

The Tosefta (Pesachim 3:11) expands this list to include other public places such as inns, bathhouses, and restrooms (or, according to one interpretation, mikvaot.) The need to illuminate these various public locations is strictly practical: so people can see where they are going, what they are doing, do not trip, can relieve themselves, immerse themselves in a mikvah,[2] and the like. Since the above sources generally confine themselves to rules on halachic, not practical matters, the Jerusalem Talmud (Pesachim 4:4) explains that this last phrase of the Mishna teaches a halachic point, as well: namely, that even where kindling in private homes is forbidden, kindling in public venues is permitted since there is no concern for marital relations occurring in such settings.

The Mishna, Tosefta, and Talmuds, then, note the uniform practice of kindling lights in synagogues and study halls on Yom Kippur eve. It is a practical matter, whose halachic background relates to the specific issue of the prohibition of marital relations on Yom Kippur. This was true beyond the Talmudic period, as well. R. Eliezer b. R. Yoel HaLevi in Sefer Ravyah (section 528) states explicitly that his community did follow the Talmudic custom to kindle lights in synagogues and study halls, relating this kindling to the Talmudic concerns.[3]

Rosh and the Establishment of a Halachically Mandated Lighting

The halachic works of French Jewry, however, invest the kindling of lights on Yom Kippur with symbolic, ritual, and mandatory meanings. In 11th Century France, for example, Machzor Vitri (Seder shel Yom Hakippurim) describes the formal minhag in his community to kindle lights on Yom Kippur, and provides a Midrashic basis for this custom [the Machzor Vitri also records that the Geonim followed this custom as well]. The Midrash (Tanchuma YaShan 24, P. Emor) asserts that God does not require the mitzvoth of Man, and that the light of the menorah in the Temple is therefore for Man’s benefit – to protect him – and not for God’s benefit. Similarly, since Proverbs 20:27 likens a person’s soul to a candle, Machzor Vitri concludes that kindling lights on Yom Kippur protects. Machzor Vitri, however, does not detail that protection or how it connects to Yom Kippur.

In 13th Century France, Rosh (Yoma 8:9) also recognizes this minhag, indicating that an abundance of candles were typically lit in synagogues. Unlike Machzor Vitri, however, Rosh places this custom into a broader and more familiar halachic framework, namely, kavod Yom Tov. To do so, he begins by citing the Talmud’s requirement (b. Shabbat 119a) to wear clean clothes on Yom Kippur to honor the day in the absence of food and drink through which one honors other holidays.Then, he cites Targum Yonaton to Isaiah 24:15 to show that kindling lights is a form of honoring God. Therefore, he concludes, “yesh le’chavdo (one should honor it)” through all means considered to be honor. For Rosh, kindling lights on Yom Kippur eve fulfills this halachic requirement to honor the day. Rosh’s son, the author of the Arba’ah Turim, follows the approach of his father in this area.

Kol Bo (early 14th Century France and Spain)(sec. 68) introduces two further practical considerations favoring this kindling. First, the recitation of the less familiar Yom Kippur prayers “all day and night” necessitates lighting candles in synagogues. Second, such a candle can be used to fulfill the special halachic requirement of ner she’shavat for the havdalah candle used at the close of Yom Kippur.

Mordechai equates the lighting with the judgment of one’s soul

Rosh’s immediate contemporary,R. Mordechai b. Hillel Ashkenazi in his Mordechai, (comment #723 to b. Yoma) provides an entirely different basis for this kindling.17 As we shall see, his rationale will take us far away from the issues of honoring Yom Tov and the practical considerations we have seen so far. It is noteworthy that Mordechai prefaces his novel explanation by stating his conscious intent to strengthen this minhag. As we shall see, Mordechai succeeded in this regard, perhaps beyond his own expectations.

Mordechai begins by quoting a statement from the Talmud (b. Horiot 12a, b. Kritut 5b) indicating that if one wants to see if he will live out the year, he should light a candle and place it in a windless room from Rosh Hashana until Yom Kippur. If the flame lasts, then he will live out the year. (Below we will discuss this practice in light of the Torah prohibition of nichush (divination).) Mordechai rules that “in our time, the practice is to kindle a candle on Yom Kippur for every person since it is the gmar din (the final day of judgment).” Apparently, Mordechai means that, since Jews in his time no longer lit candles during the entire period of judgment from Rosh Hashana to Yom Kippur, we symbolically include that entire time period by lighting a candle at its close, on Yom Kippur.

In late 14th Century Germany, R. Yaakov Moelin in Maharil (Hilchot erev Yom Kippur) cites Mordechai, suggesting that the lighting is a personal obligation that symbolizes the soul of man standing before God on the day of judgment, Yom Kippur. He also notes that the practice was for only men and boys to light but not women or girls, providing a number of homiletic and halachic suggestions for why this might be so. The simplest of them is that a married woman fulfills her obligation through her husband’s lighting. Maharil’s student Mahariv (Responsa Mahiri Weil 192) also elaborates on these matters, and prohibits the then common practice of instructing a gentile to rekindle one’s candle that went out on Yom Kippur.

Codification in Shulchan Aruch, Rema and beyond

How are the differing traditions of Rosh and Mordechai reflected in the voices found in the standard code of Jewish Law, Shulchan Aruch? R. Yosef Karo cites Mordechai’s approach in his Beit Yosef, but his final codification in Shulchan Aruch reflects the tradition of Rosh; i.e., there should be lights in the synagogue and elsewhere, not that there is an individual obligation to kindle such lights.

In his glosses to the Beit Yosef and the Shulchan Aruch, however, Rema (R. Moshe Isserles) codifies the approach of Mordechai, mandating an individual lighting. As he does so, he adds further stringencies to this kindling. For example, Rema rules that if one’s light is extinguished on Yom Kippur, one must relight it at the conclusion of Yom Kippur and allow it to burn down completely. Similarly, although one whose light burned throughout Yom Kippur could extinguish it out at the end of Yom Kippur, one whose candle went out during Yom Kippur must accept upon himself that neither he nor others will ever extinguish his candle at the end of Yom Kippur. Apparently, these build upon an implication of Mordechai’s Talmudic source; namely, that it is a bad sign if one’s candle goes out on Yom Kippur.

A century later, R. Mordecahi b. Abraham Jaffe in his Levush accepts these rulings of Rema, and adds a further stringency based upon the reasoning of Machzor Vitry. First, he sharpens Machzor Vitry’s reason of “protection” by indicating that the Yom Kippur eve light kindled in the synagogue atones for the soul of the one who lights it. Therefore, he (and subsequent authorities, as well) prohibits lighting a candle for a meshumad (an apostate) so that his soul cannot gain an atonement which it does not deserve.

These varied codifications of the practice to light candles in the synagogue by Tur, Beit Yosef, Shulchan Aruch, Rema, and Levush both reflected and contributed to its spread to all of world Jewry. Indeed, in his comments to the Shulchan Aruch, Magen Avraham notes that concerns about fire safety had prompted a widespread practice to hire a Gentile to guard the synagogue throughout the night of Yom Kippur. That, in turn, prompted him to decry infractions of the regulations pertaining to what such a Gentile may be instructed to do in the context of the laws of Yom Kippur.

So far, then, we have seen at least six separate reasons to kindle candles on Yom Kippur eve in the synagogue (in addition to Yahrzeit and Yom Tov candles lit at home): to protect (Machzor Vitri) or gain atonement (Levush); to fulfill the halachic obligation to honor Yom Kippur day (Rosh); to dramatize the final judgment for the forthcoming year that is given for each person on Yom Kippur (Mordechai); and to address practical issues of having a ner sh’shavat and to provide adequate illumination for the extended, unfamiliar nighttime prayers of Yom Kippur (Kol Bo).

A theoretical problem becomes a practical one

Before continuing to follow this practice’s further development, let us return to a problem in Mordechai’s Talmudic source. It indicated that if one lights a candle at Rosh Hashana time which remains lit until Yom Kippur, then this is a sign that one will live out the year. In his comments to Horiot 12b, Maharasha (16th C) states the problem succinctly: “This practice is apparently forbidden by the prohibition of ‘You must not practice divination’ (Vayikra 19:26). For what reason is this [and other similar practices mentioned in the Talmud] permitted…?”

Maharsha’s answer is that this practice of lighting is permitted because it is an act symbolizing one’s hope for a future good (a siman tov) which does not imply the inverse belief that the absence of that sign will negatively affect the future with certainty. Correspondingly, the Talmud only states the positive sign of the candle remaining lit but does not mention the significance of its going out.

However, the widespread popularity of Mordechai’s approach as well as its intensification over time through the successive stringent rulings of Rema, Levush, and others, created a corresponding intensity about this matter in the minds of Jews. Apparently, the Jewish masses did not maintain Maharsha’s caution about the non-significance of their light going out. Put simply, it appears that ordinary people considered this flame to bear a heavenly sent message regarding their very lives in the forthcoming year. If their flame was extinguished before the end of Yom Kippur, then this implied they would not live out the year. Aruch Hashulchan (OC 610:6) and Mishna Berura (OC 610:14), for example, both write that the Jewish masses were distraught if their candle went out on Yom Kippur. As a result, what was a theoretical problem for Maharsha became a practical problem for these later halachic authorities.

They address this problem in three distinct ways. First, they provide practical ways to avoid seeing whether one’s light goes out. Aruch Hashulchan suggests lighting one’s candle amidst those of others so that one’s own candle is no longer specifically identifiable. (OC 610:6) Similarly, Mishna Berura suggests having a shul representative light all the candles so that people cannot identify their own candle. Second, while still encouraging individuals to light their candles, Aruch Hashulchan exhorts the people to be “whole with your God,” and that “it is not becoming for the Holy People [of Israel] to walk in the ways of divination.”

Finally, Aruch Hashulchan also extends the reasoning of Rosh, writing that the lights are not only to honor the day of Yom Kippur, but that “the practice is to honor the King with great lights and this, indeed, is the practice of all Israel, to multiply lights to honor this holy day…in all of the rooms of one’s home, in synagogues, in study halls, in dark alleyways, near the ill, in order that the light should be great and found in all places…”

Where did this centuries old minhag go in the US?

It is clear, then, the preponderance of standard halachic works from the Mishna to the Mishna Berura consider the kindling of candles on Yom Kippur in the synagogue to be the standard, widely practiced, custom. Mateh Ephraim even records its Yiddish moniker, dos gezunteh licht – the light of health and well-being (603:8). And yet in America, this practice has fallen by the wayside.[4] Where did it go? We don’t know for sure. We can conjecture that electric lighting and fire safety concerns in American synagogues displaced it.

Reintroducing a lost minhag, and practical implementation

We believe that the rabbis and synagogue lay leaders should consider reintroducing this beautiful practice to their sanctuaries. This is opportunity for even the most traditional synagogue to do something new and unexpected that is, at the same time, an ancient tradition of our people, practiced for millennia across all the lands of our dispersion. A synagogue already adorned with a white parochet, white kittels and white talitot can now be aglow with the flames of candles lit by each and every member of the synagogue. This will create a unique setting of purity and awe that is conducive to prayer, introspection, and distinct holiness of Yom Kippur itself. [5]

Notes
[1] Interestingly, this reasoning assumes that the prohibition to have marital relations by candlelight was more widely known and observed by the people then the prohibition of marital relations of Yom Kippur itself.

[2] According to some opinions, a ba’al keri was permitted to immerse himself on Yom Kippur, despite the general prohibition to wash or immerse oneself on Yom Kippur.

[3] It is worth noting Rambam, (Hilchot Shvitat Asur, 3:10) for example, codifies these Talmudic sources and mentions the two varying practices regarding kindling in one’s house, but entirely omits discussion of kindling in all public venues. Magid Mishneh (explains Rambam’s omission in a manner similar to the Jerusalem Talmud’s comment (above), noting that the practice not to kindle in private venues never extended to public ones since couples are not secluded there.

Similarly, writing in Vienna at the turn of 13th Century, Or Zarua elaborates at great length upon many familiar minhagim of Yom Kippur eve, yet entirely omits mention of kindling lights in synagogues.

[4] We have seen a practice in some American synagogues that seems related to the tradition we have delineated; i.e., women light their Yom Tov candles for Yom Kippur in synagogue, instead of at home. There are many reasons, however, why this is not the lighting we are advocating. First, since the days of Maharil, only men have done the lighting we describe, but not women. Second, these women are reciting the blessing for Yom Tov kindling over these candles. Unlike most other Shabbat and Yom Tov evenings, women on Yom Kippur are not at home but rather in synagogue. It would seem, then, that they light where they will be while their candles are lit. Indeed, they may feel it unsafe to leave unattended candles lit at home.

[5] Here are some recommendations for those interested in introducing this practice to their synagogues:

*Dim the electric lighting for Yom Kippur eve if technically possible.
*Each synagogue will need to think creatively about how to arrange the candles to be light, given the layout of its sanctuary. Note that a wide variety of candle holding devices are available for sale today through the Internet and other venues.
*In keeping with the ruling of R. Yosef Karo, candles can be arranged without any correspondence to the number of individuals or families in the synagogue.
*Alternately, in keeping with Ashkenazic tradition, lighting can be done by each individual man on behalf of himself and his family. Women, too, can light their own candle if they wish29. It will be necessary in advance of the holiday to encourage those who will be lighting of the need to participate in this practice. Presumably, this could be done by a letter, a class, at the time of ticket distribution, or in other ways. To accommodate the concern first articulated by Maharil, time would also need to be scheduled for people to do this in an orderly and safe manner prior to the onset of Yom Tov. Coming to synagogue earlier might also encourage congregants to enter Yom Kippur in a more reflective manner, recite tefillah zaka, etc.
*Of course, as Magen Avraham pointed out, each synagogue will need to attend to fire safety concerns within the confines of halacha, as well.

[Ed. note – For Additional Reading: for more on the custom of lighting candles on Yom Kippur, see R. Y. Goldhvaer’s Minhagei HaKehilot, Jerusalem, 2005, 88-96, available here (PDF)]

* Aaron Goldscheider serves as the Rabbi of the historic Mount Kisco Hebrew Congregation in N. Westchester, NY.
Barry Kornblau serves as rabbi of the Young Israel of Hollis Hills-Windsor Park, and the Director of Committees and Operations at the Rabbinical Council of America.