Sources contemporary to the Baal Shem Tov that attest to his deeds, or that even discuss him at all, are sparse. Although some secular sources, including tax records and other documents, have recently been unearthed by academic researchers, there is a paucity of Jewish texts. Most of the "historical" record regarding the Baal Shem Tov comes from a collection of stories, Shivhei Ha-Besht.[1] That work, however, was collected much later and is less reliable than others when assessing the Baal Shem Tov. [2] One important text regarding the Baal Shem Tov, however, appears in the Teshuvot Mayim Hayyim.

Mayim Hayyim was published in Zhitomer by Shapira press. The Shapira press is well-known for publishing hassidic works, and the press was originally in Slavita. As a result of dubious circumstances, the press moved to Zhitomer and in 1857 the Mayim Hayyim was published.[2a] While the publication of that book took place long after the Baal Shem Tov's death in 1760, Mayim Hayyim consists of responsa both from the time of the Baal Shem Tov and later. Mayim Hayyim mainly consists of the responsa of R. Hayyim HaKohen Rapoport (1772-1839), was published by R. Hayyim's son, R. Yaakov HaKohen Rapoport. R. Yaakov HaKohen Rapoport included material from other relatives as well (i.e., aside from his father, R. Hayyim). One such responsum is from R. Meir, son of R. Jacob Emden, who we shall return to later.

This undated responsum begins with a technical question regarding a lesion found in the lungs of an animal after shechitah. The slaughterer could not remove the lesion and took it to the local rabbi in Medzhybizh, a Rabbi Falk, who appeared to be unsure of the status of the animal. Based upon the remainder of the responsum, however, R. Falk eventually permitted the animal. It appears that some disagreed with the decision of R. Falk and thus sent the question to R. Meir to see if the local rabbi got it right. In an effort to ensure that R. Meir would get the whole story, it was recorded and signed by R. Mordechai, the ne'eman (literally, the trustee; but in this context, probably the secretary); the following appears after the question:

Thus, one of the three signatories was R. Israel Baal Shem Tov. The questioners then continue to flesh out their question as to whether or not Rabbi Falk paskened correctly. As Moshe Rosman notes, this question places the Baal Shem Tov as an important figure within Medzhybizh. That is, the Baal Shem Tov involved himself in this controversy, a controversy that may have resulted in the dismissal of their local rabbi. Furthermore, this episode illustrates how the Baal Shem Tov was important enough to be one of the three persons picked to sign on this letter. As Rosman states: "this incident presents a dimension of the Besht not usually emphasized by the interpreters of the hagiographic stories about him in Shivhei Ha-Beshet. It makes it difficult to portray him - as has often been done - as an unalloyed populist figure, alienated from the rabbinic or political establishment" (118).

Aside from the above value of the letter, there is the additional importance of how R. Meir treated the Baal Shem Tov, thus providing a contemporary account on how others viewed the Baal Shem Tov. Although the letter was from three people, R. Mordechai, R. Moshe Joseph and the Baal Shem Tov, R. Meir in his response only addresses himself to the Baal Shem Tov. Moreover, the honorifics R. Meir uses demonstrates that he surely held the Baal Shem Tov in the highest regard. R. Meir addressed the Baal Shem Tov as:

As is apparent from the titles provided, "champion in Yehuda and Israel" and with the use of the terms "the great sage, the eminent rabbi" that R. Meir held the Baal Shem Tov in very high regard. Additionally, from both the Baal Shem Tov's own use of "Baal Shem" to describe himself and R. Meir's mention that the Baal Shem Tov "provides balm and medicament to persons without strength," the term "Baal Shem" as used here refers to a medicine man. That is, aside from whatever else the Baal Shem Tov was known for, he was known for being a healer - thus Baal Shem means healer. This understanding is confirmed by tax records that refer to the Baal Shem Tov as a "Doctor." From all this is should be apparent that the Baal Shem Tov was respected by his peers and was known outside of Medzhybizh while he was there.[4]

Teshuvot Mayim Hayyim

There is a question, however, regarding when the foregoing letter was written. Most place it sometime around 1744, but, at the latest, 1747. They do so based on the mention of "our teacher Gershon." They understand that the Gershon referenced here is Avraham Gershon of Kutower, the Baal Shem Tov's brother-in-law. As R. Gershon moved to Israel in 1747, and the letter mentions R. Gershon, it must have been while he was still in Medzhybizh.[5] Personally, I think that that conclusion assumes that R. Meir was intimately familiar with R. Gershon’s whereabouts. While there is no doubt that R. Meir heard of R. Gershon, it does not automatically follow that he was informed regarding when R. Gershon moved to Israel. It could very well be the letter was written after R. Gershon left for Israel and R. Meir then merely assumed that R. Gershon was still living in Medzhybizh - it is not as if there was an announcement in the Międzybórz Times or at OnlySimchas.com that R. Gershon had made Aliyah! Either way, this letter was written while the Baal Shem Tov was alive, and provides a virtually unimpeachable source for his participation in the community-at-large and about how others viewed him. I don't think Rosman is exaggerating when he says that "[t]his responsum, then, would seem to be an excellent starting point for attempting to gauge the Besht's position in his community and his relationship to the political and religious establishment" (119).

Aside from the above points that can be gleaned from this responsum, R. Shlomo Yosef Zevin, in an article that originally appeared in Sinai and has now been reprinted in the nice, new edition of his le-Ohr Halakhah uses this responsum for a different purpose. R. Zevin wants to disprove the notion that "the Hassidim and their Rebbes don't care about studying the revealed Torah and thus they did not spend much time on studying talmud and poskim." R. Zevin notes, as well, that this attitude towards Hassidim was prevalent right from the start of the Hassidic movement. That is, "even today, those who are not hassidim allege that the founder of the Hassidic movement, the Baal Shem Tov, was not a ben torah, heaven forbid." R. Zevin totally rejects this notion as "false and incorrect." As proof the Baal Shem Tov was indeed learned R. Zevin cites to the above responsum. R. Zevin explains:

Therefore, R. Zevin, with this responsum, demonstrates that the notion that the Baal Shem Tov was not learned and not respected is utterly false.

Until now, we have been focusing on the Baal Shem Tov, but there is another important person in this responsum, the author - R. Meir (1717-1795)[7], the first born son of R. Jacob Emden.[8] R. Meir was the rabbi in Constantine in the Ukraine. R. Meir was highly respected in the area, as is demonstrated by this responsum. This is so, as you will recall, in that the purpose of the responsum was to settle a controversy in the town of Medzhybizh - a controversy between the local rabbi and some of the persons in the town. This was a serious controversy -- indeed the petitioners describe it as "a fire burning in the community" -- and, especially in light of R. Meir's response, where he notes that the rabbi was wrong and if the rabbi refuses to admit that he is wrong, he is to be dealt with as a zakan maamrei as the rabbi, according to R. Meir, is denying a portion of the torah. This was no small matter. As the three persons picked R. Meir to adjudicate the matter, they must have respected him and thought that his answer, what ever it would be, would settle the issue.

Unfortunately, until now, we only had a tiny amount of written material from R. Meir, the bulk of which appears in Mayim Hayyim. Specifically, of the six extant responsa from R. Meir, four can be found in Mayim Hayyim. Now the reason they are included in Mayim Hayyim is because R. Meir is related to R. Hayyim HaKohen Rapoport.[9] What is shocking is that in his introduction to the Mayim Hayyim, R. Yaakov HaKohen Rapoport, publisher of the Mayim Hayyim, uses his relationship to R. Meir as the sole reason for publishing R. Meir's responsa. That is, although the Mayim Hayyim was published by the Shapira hassidic publishing house in Zhitomer, and done so in the mid-19th century, R. Yaakov HaKohen Rapoport never mentions that he includes a responsum -- the only one of its kind -- from the Baal Shem Tov. Instead, the reason for the inclusion of the responsum is R. Meir.

As mentioned previously, today, Shmuel Dovid Friedman has attempted to fill the void of R. Meir's works in publishing the first volume of R. Meir's hiddushim. These hiddushim are on Mishnayot Seder Nashim and on the Rambam's Mishneh Torah. The title of the book is taken from the above responsum. As R. Meir was referred to as "HaMeor HaGodol" thus the title of this new work is HaMeor HaGodol. See Meir Konstantine, HaMeor HaGodol, ed. R. Shmuel Dovid Friedman (Brooklyn, NY, 2007), [30], 352. [6]

While the publication of the Hiddushei Torah of R. Meir is indeed welcome, this particular work is plagued with numerous deficiencies. Firstand foremost is the problem with the manuscript itself. It does not appear that the Meor HaGodol was published from R. Meir's actual manuscript. Instead, R. Meir's manuscripts were copied over time by the Bick family and it is from these copies that the Meor HaGodol is comprised. Thus, there is no independent method of verifying that this material actually came from R. Meir. Aside from the manuscript, the introduction is rather bizarre. The introduction includes various stories about R. Meir, most of which focus on his relationship to hassidim. The bulk of the stories are then shown to be false, but only in the footnotes. So, the body of the text are the stories and then a careful reader will see that most of the stories likely never occurred. For instance, there is a story that R. Meir's daughter -- when R. Meir was sick and unbeknownst to him-- sent a request to the Baal Shem Tov to ask him to heal R. Meir. The editors of Meor HaGodol, in note 49, then say it is hard to reconcile the story with the facts known about R. Meir. Or, another example is that the introduction includes a story that after R. Meir became a hassid -- there is no evidence that he ever did so, but the story assumes so -- his father, R. Jacob Emden, disowned R. Meir. Again, the editors, in note 59, state that "there are many difficulties with this story" and then proceed to enumerate them. Why a story for which there is no support would be included to begin with is left unexplained. Perhaps the reason is that the editors are unduly interested in demonstrating that R. Meir was a full hassid (indeed, the main chapter in the introduction is entitled "[R. Meir's] Connection with the Baal Shem Tov"). It is particularly ironic that they present such shaky evidence in light of the fact the responsum in Mayim Hayyim from R. Meir is the only objective contemporaneous evidence of the Ba'al Shem from a Jewish source.

Moreover, the introduction seems to have missed and, in fact purposely left out, some material. Specifically, in note 3, the editors of HaMeor HaGodol note that R. Jacob Emden at some point added the name Yisrael. In the introduction they then attempt to understand what precipitated this change. They cite the following from R. Jacob Emden's Hitavkut, (p. 112,a)

מבטן אמי קראני יעקב, אליו פי קראתי ורומם תחת לשוני, והוא יתברך שלחני בשמי קראני, וכעת הראני לקרוא שמי ישראל וכו', ע"כ

"from birth I was called Yaakov, this is what I was called and my name elevated, and then God sent [a message] to me that I should be called in God’s name, and thus I will now be called Yisrael."

Although we can see from that quote that R. Emden added his name, the introduction does not tell us exactly why. What is astounding is that the editors ought to know why R. Emden added his name. The reason is because the above quote from Sefer Hitavkut continues beyond the portion quoted and explains that the name Yisrael was added because it was a testament that R. Jacob Emden was correct in his battle with R. Jonathan Eybeschütz. Instead, the editors cut off the quote right before R. Emden explains precisely that. Therefore, I assume that the omission is because they would rather not bring up that R. Emden had a fight with R. Eybeschütz, or that R. Emden viewed himself as having been correct. It is worth noting that the Sefer Hitavkut is not the only place R. Emden offers his victory as the reason for the name change. Rabbi Dr. Jacob J. Schacter, on page 754 (n.11) of his dissertation about Rabbi Jacob Emden (Harvard, 1988), refers to a passage in Mitpachat Sefarim (p. 118 in the Lemberg, 1871 ed. and p. 171 in the most recent 1995 ed. - provided below) where R. Emden says "that after he battled with IS"H [R. J. Eybeschütz] a name was added" -- a play on the verse in Genesis 32:24, 28. So it is incorrect to assert, as the editors of HaMeor HaGodol do, that "why and when R. Emden's name was changed is unclear." Rabbi Schacter also notes that Emden's earliest reference "to himself as 'Yaakov Yisrael' is in a responsum SY [She'elat Yaavetz] II:24) dated February 22, 1765. In another responsum dated just six days later (SY II:144), Emden was addressed as 'Yaakov Yisrael.' For other references to this name, see SY II:25, 71, 72, 73, 112, [and] 146" (p. 754, n.11 - special thanks to Rabbi Schacter for his discussions with Menachem Butler about this aspect about Rabbi Jacob Emden).

Thus, in the editors’ effort to highlight the connection of R. Meir to hassidim, they downplay any opposition R. Meir's father, R. Jacob Emden, had to hassidism (see n.59). They apparently were unaware (?) that an additional important statement from R. Jacob Emden has recently been published. (see here )

One final note. It is particularly disappointing today to find a sefer that does not contain an index. With technology as it is today, publishers easily should be able to provide a decent index to a book; it is quite surprising, then, that Meor HaGodol, does not contain an index.

Notes
[1] There are other sources as well, including letters. Many of the letters are highly controversial as to their authenticity. See Moshe Rosman, Founder of Hasidism: A Quest for the Historical Ba'al Shem Tov (University of California Press, 1996), 99-113, 119-126; Nahum Karlinsky, Historia SheKeneged (Jerusalem, 1998); and Immanuel Etkes, The Besht: Magician, Mystic and Leader (UPNE/Brandeis University Press, 2005), chapter six, "The Historicity of Shivhei Habesht," 203-248, among many other sources.
[2] See Rosman, Founder of Hasidism, 143-155 and 162-8 (lending credence to some of the stories in Shivhei Ha-Besht based on governmental records), as well as his earlier article, "The History of a Historical Source: On the Editing of Shivhei Ha-Besht," Zion 58 (1993): 175-214, and in his recently published monograph, Stories That Changed History: The Unique Career of Shivhei Ha-Besht (=The B.G. Rudolph Lectures in Judaic Studies, new series, 5) (Syracuse University Press, 2007), Rosman notes how through this text of some two hundred stories, one can "explore such themes as the Besht's miraculous birth and childhood, his initiation into the mystical secrets, his revelations, his prayers, his dreams, his travels, his encounters with noblemen and priests, his contests with doctors, his attraction of various associates, and, most of all, the miracles, large and small, that he performs" (1). Rosman notes, as well, that over the past sixty years alone, "there have been five new Hebrew editions, some printed more than once; one Yiddish and two Hebrew reworkings; a German translation and critical edition, and an English translation printed four times. All this was in addition to various adaptations in fiction and in educational materials used by all types of Jewish schools, from Israeli secular to American Reform and Brooklyn Ultra-Orthodox" (24), and Rosman notes quite humorously how "Shivhei Ha-Besht has been analyzed as inspirational literature, political tract, holy writ, silly stories, historical source, and theological doctrine. It has entertained, inspired, embarrassed, inspired repentance, and formed the basis for doctoral dissertations. For nearly two hundred years it has been read with passion and diligence by people of many approaches and predilections. In search for the wellsprings of modern Jewish culture, it surely represents a unique source" (20).
[2a] For a discussion of the Shapira press see Ch. B. Friedberg, History of Hebrew Typography in Poland (Tel Aviv, 1950), 104-09 (discussing the Slavita period) and 135 (discussing the Shapira press in Zhitomer). For what precipitated the move, see Saul Moiseyevich Ginsburg, The Drama of Slavuta, trans. by Ephraim H. Prombaum (Lanham, Maryland, 1991).
[3] I have essentially used Rosman's translation of this responsum.
[4] See Rosman, Founder of Hasidism, at 168.
[5] Dinur, B'Mifaneh HaDorot, vol. 1, pp. 205-6, cited in Rosman, Founder of Hasidism, 119 n.29.
[6] This is actually incorrect. The Baal Shem Tov does not sign himself as the Maggid of Medzhybizh, rather the final signatory, R. Moshe Yosef signs himself as the Maggid.
[7] 1795 is the death date given in HaMeor HaGadol, (there are no page numbers provided in the introduction thus I will use the footnote numbers to attempt to give a rough citation) at n.60. The source given is "a letter from R. Mordechai Blechman z"l the chief rabbi of Constantine to R. Hayyim Bick the chief rabbi of Medzhybizh." The editors of HaMeor HaGodol, however, fail to provide where this source is located, i.e. is it in their possession, is it in some library or perhaps somewhere else. Moreover, they do not provide the context of the letter - was R. Meir's death date mentioned in passing or was that the focus of the letter. Nor do they mention how R. Blechman knows this date. Did he pull it off of R. Meir's tombstone or was it simply a legend? This sort of lack of information plagues the entire introduction of the Meor HaGodol.
This same death date, however, is given by Abraham Bick, Rebi Yaakov Emden (Jerusalem, 1974), 17, 182. Bick doesn't either provide a source for this date. See also id. at 17-8, citing to where R. Jacob Emden and others quote R. Meir. About Bick's 1974 biography, Schacter writes in his dissertation, that this work "is uncritical, incomplete and simply sloppy. it is barely more useful than an earlier historical novel in yiddish about emden by the general author with the same title published in New York, 1946. In general, all of Bick's work is shoddy and irresponsible and cannot be taken seriously." See Jacob J. Schacter, "Rabbi Jacob Emden: Life and Works," (PhD dissertation, Harvard, 1988), 17.
The editors of HaMeor HaGodol explain that most of the biographical information on R. Meir comes from Kitvei HaGeonim (Pietrokov, 1928), 127-30, n.3. Additionally, R. Meir is mentioned a few times in his father's autobiography, Megilat Sefer, Kahana ed., (Warsaw, 1896), 104 and 110. R. Jacob Emden mentions that he was unable to attend R. Meir's wedding in 1732 even as his wife attended, though as Schacter notes in his dissertation, R. Emden had "travel[ed] to Amsterdam during this period" (152, n. 126).
[8] R. Meir was related to R. Rapoport through the marriage of R. Meir's daughter to R. Hayyim HaKohen Rapoport's grandson, Dov Bear. See R. Jonathan Eybeschütz, Luchot Edut (Altona, 1755), 62a. Additionally, R. Meir was the brother-in-law of R. Shlomo Chelm, author of the Merkevet HaMishna. One of the responsum in Mayim Hayyim, no. 28, from R. Meir is to R. Shlomo.
[9] In fact, this is the only reason why the responsum that includes the mention of the Ba'al Shem Tov appears in Mayim Hayyim. As mentioned above, when the Mayim Hayyim was published, it was done so not by R. Hayyim HaKohen Rapoport, the author of the bulk of the teshuvot, but instead by his son R. Yaakov. R. Hayyim had died prior to publishing his own works. Thus, R. Yaakov decided to include not only his father's responsa but those from other relatives, as well. Thus, the Mayim Hayyim contains two title pages. After the first title page, the approbations that R. Hayyim received for his responsa are included (one additional later approbation is included but the main are addressed to R. Hayyim). R. Yaakov then included a second title page after which two additional approbations are included. These approbations were collected by R. Yaakov and mention not only R. Hayyim's responsa but the inclusion of other luminaries including R. Meir. The second title page is used a division between the two types of approbations, those directed at R. Hayyim and those at the book Mayim Hayyim. It is worthwhile noting that in the electronic editions they have removed the second title page. For instance, www.hebrewbooks.org only includes the first. This is but one example of the need to actually obtain a hard copy of a book and not solely rely on such databases. See Anthony Grafton, "Future Reading, Digitization and its Discontents," The New Yorker (Nov. 5, 2007) and his New Yorker web-supplement, "Adventures in Wonderland," for other limitations of digitization.

The Messilat Yesharim, by R. Moshe Chaim Luzzato (Ramchal), is one of the foundational works of mussar. [1] The Gra, among others, praise the Messilat Yesharim.[2] As such, any addition to its oeuvre is important in its own right. The Ofeq Institute* has recently published an English translation of an alternative version of the Messilat Yesharim. This version is fundamentally different than the standard edition of Messilat Yesharim. The standard edition is divided into chapters based upon various character traits. The second, this new version, eschews the chapter divisions and instead is arranged in a conversation or dialogue format. Specifically, a dialogue between a "wise man" and a "pious person" is the format of this version. This second version comes from a manuscript in the Baron Ginzburg collection in the St. Petersberg Library. The manuscript is in the Ramchal's own hand and is substantially larger than the other version. Although the Hebrew edition of the dialogue version has been available for a bit (also from Ofeq),[3] this version has now been published in an English edition and this edition will be the focus of this post.

First a word about the Ofeq Institute. Over the past twenty years Mechon Ofeq has released many editions of the works of the geonim, rishonim and achronim covering all genres of Jewish literature. All these works are critical editions with extensive notes and introductions. Almost all their editions include extensive footnotes. (One of the only complaints some have is that there's simply too much information in the footnotes). Much like the novel version of Ofeq's Messilat Yesharim, many of the works are based on manuscripts from the Ginzburg collection, a collection that was only recently released to the public.

To highlight but a few of their other titles. A work on Iyov from the bet midrash of Rashi and a commentary on Yecheskel from R. Yosef Heyun. They begun to publish a critical edition of the rishonim on Torat Kohanim as well as a commentary on Tosefta. They have printed works from geonim like R. Natronai Goan. Many works of rishonim on shas, most well-known being the Tosafas HaRosh on Pesachim and Haggigah, and Tosafos Yeshanim on Yevomos. A facsimile edition of Rambam on Madda and Ahava in the Rambam's own hand. They have printed hagadahs from rishonim an excellent critical edition of the Seder Hakabalah of the Meriei. Another work of note is Meah Shaearim a two volume edition on hilchos kibud av v'em.

Ofeq, run by R. Avraham Shoshana and based in Cleavland Ohio utilizes not only Torah scholars (read products of Yeshiva education) but experts who are academics as well. For their editon of the R. Natronai Goan they used Professor Brody a leading expert of the geonim period. For other works of rishonim they have used Professors Emanuel, Hevlin and Speigel all experts in their respective fields. Or, in the case of the Messilat Yesharim, Professor Septimus was involved. That is, Ofeq ensures that the works they put out are of a high caliber. To some, this is an anathema. They view the inclusion of non-Torah scholars to be unconscionable. Most recently objections of this nature were expressed by R. Yehuda Liba ben Dovid in Bes HaVaad (see post here ). As I pointed out, however, R. ben Dovid's position is in the minority.

Aside from Ofeq's Hebrew publications they also have published some books in English. The Messilat Yesharim, however, is their most ambitious English translation to-date.

This English translation includes an introduction discussing the Messilat Yesharim, the two versions, and the English translation employed. The translation does not skimp in the sense that it is annotated with English notes - something that does not appear in all English translation. Instead, many English translations provide the footnotes in Hebrew. While this seems counter-intuitive as if the person wants to read the work in English, they would like to read the whole work including the footnotes. This edition does not suffer from that and instead, almost everything is in English. Additionally, although Ofeq has published the "dialogue" edition, they also include the original version in translation as well. There are, however, two parts that remain in Hebrew. The first are citations to verses, talmudic passages and the like, the second is the final work included which compares the dialogue version with the standard chapter version. This last section, titled Bein HaMesilot, is in Hebrew.

When it comes to English translations, there are typically two options. The first are academic presses which are typically expensive and not aimed at a popular audience. The second, are the traditional Orthodox presses, while these are typically more readable, they (although not always) don't provide some of the scholarly detail. Ofeq's translation of the Messilat Yesharim
strikes a nice balance between these two - they have produced a highly readable yet include the scholarly detail as well.

As mentioned above, what is unique about this copy of the Mesilat Yesharim is that is is written in a completely different style than the current Mesilat Yesharim. This new version is written in a debate form. The Ramchal wrote other works in debate form as well. For example, his work on defending kabbala. For whatever reason, he chose to print the other, standard, version and the debate version remained in manuscript. It's unclear, however, why the Ramchal chose to do so. Many feel that a debate version is much better for 2 reasons: One, it keeps the reader much more interested and two, it brings out the various points much better as is always in a debate form.

For many years, the sefer Messilat Yesharim was learned as a mussar sefer, becoming one of the classics. Many people used to take it into a dark room and learn it in special tunes saying the words again and again until they penetrated. However, many people have a fear of mussar, having bad memories from yeshiva, forcing themselves to read mussar sefarim during mussar seder that they felt did not talk to them. I would like to suggest a new way to read this sefer. Read it as a regular sefer. Concentrate on the ideas discussed in it, not only focused on the mussar, but rather on the pshatim, aggada and statements throughout the sefer. Just to list a few of these lesser appreciate portions of the Messilat Yesharim:

והנה ודאי שיעזרהו לזה רוב התמדה והעיון במזמורי דוד המלך והתבונוות בם במאמריהם וענינים כי בהיותם כולם מלאים אהבה ויראה וכל מיני חסידות. הבנה בהתבוננו בם. לא ימנע מהתעורר בו התעוררות גדול לצאת בעקבותיו וללכתב בדרכיו. (פרק כא)

Or highlighting the value of reading gedolim books or at least the aggadic section of the gemarah

וכן תועיל הקריאה בסיפור מעשה החסידים באגדות אשר באו שם. כי כל אלה מעוררים את השכל להתיעץ ולעשות כמעשיהם הנחמדים... (פרק כא)

In this passage, the Ramchal takes a positive view vis-a-vis working at least if learning remains a main focus

כי הנה העסק מוכרח הוא לאדם לצרוך פרנסתו, אך ריבו העסק אינו מוכרח שיהיה כל כך גדול עד שלא יניח לו מקום אל עבודותו. על כן נצטוינו לקבוע עתים לתורה. (פרק ה וראה פרק כא)

And, on keeping chumros he has an intresting point

הוא להחמיר בהם תמיד לחוש אפילו לדברי יחיד במחלקות אם טעמו נראה אפילו שאין הלכה כמותו(פרק יד)

Elsewhere he expands on this thought a bit more

באשר כבר יחשבו שהחסידות תלוי בדברי הבל או דברים נגד השכל והדיעה הנכונה. ויאמינו היות כל החסידות תלוי רק באמירת בקשות רבות ווידוים גדולים ובכיות והשתחויות גדולות ובסיגופים הזרים שימית בהם אדם את עצמו כטיבלת הקרא והשלג וכיוצא בדברים אלה... אך מציאות החסידות עצמו הוא דבר עמוק... כי הנה המצות המוטלת על כל ישראל כבר ידועות הן וחובתן ידועה עד היכן היא מגעת. אמנם מי שאוהב את הבוראית"ש אהבה אמתית לא ישתדל ויכון לפטור עצמו במה שכבר מפורסם מן החובה אשר על כל ישראל בכלל... אלא אדרבא... יהיה לי לעינים להרבות בזה הענין ולהרחיב אותו בכל הצדדין שאוכל לדון שרצונו יתברך חפץ בו... נמצא כלל החסידות הרחבת קיום כל המצות בכל הצדדין והתנאים שראוי ושאפשר... (פרק יח)

In the introduction the Ramchal has a puzzling remark, that many have taken issue with, but, in reality, the Ramchal was following in the path of Chovos haLevovvos

היתכן שיגע ויעמול שכלנו בחקירות אשר לא נתחייבו בם, בפלפולים אשר לא יצא לנו שום פרי מהם, ודינים אשר אינם שייכם לנו.

Here R Shoshanah has a nice comment (p. 18) of sources discussing this point.

When he wrote this work the Ramchal wrote a puzzling remark in the beginning showing his humility he writes

One more nice piece from Messilat Yesharim is:

Turning back to the Ofeq edition in particular, it is important to highlight the footnotes included. While much has been written on the Messilat Yesharim before this edition, especially worthy of mention is the edition of R Sarna. This edition that includes notes by R. Shoshana has included that aside from explaining the text and the concepts therein and providing sources that the Ramchal's comments are based on in Hazel and the rishonim (as R. Shoshana notes that he has spent many years learning this sefer very carefully) also offers historical info such as on page 6 when dealing with learning pilpul or on page 127 about a custom in those days in Italy where there were large plays and comics played before Jewish audiences.

The only criticism I can think of on this edition is that they should have included all their appendices and introductions that they printed in the Hebrew edition previously printed by them. But, with this new edition it should be much easier to learn And I am sure one will enjoy this all time classic even today.

As Ofeq has extensively utilized manuscripts in both this edition of the Messilat Yesharim as well as in the rest of their publications. We should highlight another book, published by Ofeq, that is on the topic of Hebrew manuscripts. Benjamin Richler's book, Hebrew Manuscripts: a Treasured Legacy, (this is available to readers of the Seforim blog for a special price of $24.95 including postage - please contact Ofeq their information is provided below) is a great introduction to the world of manuscripts for anyone. The book contains a lot of information and pictures of all types of handwriting. The book traces and describes briefly many manuscript collections, both private and public including the Ginzburg collection - the collection where the dialogue version of MessilatYesharim as well as other important manuscripts were found. It even lists the numbers that some of these seforim have in the very big collections. Besides for this, the book contains some nice descriptions with pictures of many manuscripts. Of interest is on page 50, a picture of a manuscript of a machzor from 1290 that has pictures of malachim with faces of dogs. The book also includes a bit of a history of the various catalogs of manuscripts that have been written until today. Interestingly enough, Richler writes that the JTS and Hebrew University collections are not completely cataloged. (maybe by now, they are - for an update on the JNUL collection see Richler's post here). He has a chapter discussing the importance of manuscripts besides for ones not printed, which there are many. It also is to check the accuracy of previous editions. This book was written before the Ginzburg collection was released (p. 110). In addition, there's a excellent chapter on the Cairo Geniza from one of the biggest experts on the geonic era, Professor Robert Brody. Here too, Brody discusses many of the basic questions one has about this topic, such as why all this is in the geniza in the first place. He also discusses where all the documents are location today and the progress of the study of these documents.

NOTES

[1] In an earlier post discussing the content and censorship of the sefer Menuchah u-Kedushah, and I note that according to the author of Menucah u-Kedushah, the Messilat Yesharim was written with ruach ha-kodesh.

[2] For a discussion about the Gra and his views towards R. Moshe Hayyim Luzzato and the Messilat Yesharim, see Y. Eliach, HaGra, vol. 1 pp. 240-45, where Eliach devotes a chapter to this issue. There is even a statement attributed to the Gra that there are no extra words in the sefer Messilat Yesharim, until chapter 11. This statement sparked a discussion as to exactly which word in chapter 11 is the extra one that the Gra was referring to. Additionally, it seems that the Gra even had some of the Ramchal's works in manuscript.

[3] The Hebrew edition includes an extensive introduction enumerating all the differences between the versions by R. Yosef Avivi, an expert on kaballah and especially the Ramchal's writings.

*As Ofeq's website is a bit dated, those wishing to obtain a catalogue of Ofeq's publications should contact them at: Ofeq Institute, 27801 Euclid Ave., Suite 430, Euclid, OH 44132, fax (216) 731-5567; email ofeqinst@core.com

Their contact information in Israel is 02-653-5920, or e-mail: ofeq@013.net

A Response to Dr. Shaprio: A Defense of the Torah Temimah

by: Y. Lander (of the Ishim v'Shitot blog)

I read with interest Dr. Shapiro’s recent post questioning the accuracy of R’ Baruch Epstein’s tale concerning his dialogue with the Netziv’s first wife, Rayna Batya. Dr. Shapiro points to several discrepancies in R. Epstein's account and based on those discrepancies posits that R’ Baruch deliberately contrived the story in order to call attention to the plight of women in his time. I would like, however, to present a more prosaic but equally plausible interpretation of the discrepancies that Dr. Shapiro notes.

Dr. Shapiro refers to the “the well-attested fact that Epstein was a plagiarizer” [1] and therefore one must be suspicious of anything he writes. That Epstein frequently fails to provide proper attribution when quoting other authors is certainly irrefutable but I am not at all certain that this was due to conscious plagiarism. I found that only two of Epstein’s works show significant signs of plagiarism - Torah Temimah and Tosefes Bracha[2] - whereas the chiddushei Torah cited in Mekor Baruch and Baruch She’Amar (Tefillah and Pirkei Avot) are original.

If Epstein was indeed a plagiarizer then from where did he get the sudden burst of originality that appears in the latter two works? Why would he plagiarize in Torah Temimah, stop for Mekor Baruch and then continue in Tosefes Bracha?

Further, Y. Bezek, in the article cited by Shapiro, points out that among the sources that R’ Epstein plagiarizes is Maimonides Sefer Hamitzvos. Is it really logical to assume that Epstein intentionally tried to pass of a Rambam as his own chiddush? Or that he could get away with plagiarizing a Gra in Mitnaggdic Vilna heavily influenced by the Gra and his teachings. [2a]

It seems far more logical to simply take Epstein’s words in his Introduction to the Torah Temimah at face value. There he writes, (roughly translated) “this work has taken me 15 years to write and has gone through many drafts. During the course of this time much information has gathered in my mind and although I have made an earnest attempt to provide proper attribution the reader is requested to judge me favorably in this.”

Given the large volume of information Epstein was dealing with and the limited time he had at his disposal [3] it is not surprising that he had not the ability to properly identify the sources for all the hundreds (if not thousands) of interpretations he provides in his commentary. I suspect that Tosefes Bracha is based on those notes that he did not incorporate into his Torah Temimah [4] and would therefore have the same defects as the former.

Shapiro also uses Mondshine’s study on R' Epstein. But, Mondshine brings very little proof to support his assertion that the story of the Aruch HaShulchan’s meetings with the Tzemach Tzedek was simply fabricated out of “whole cloth.” Rather, Mondshine points out that R’ S. Y. Zevin who received Semicha from the Aruch HaShulchan never mentioned any of these conversations. This omission, according to Mondshine is key, as R' Zevin was an adherent of Chabad it is only natural that the AS should have mentioned these meetings to him.

It is a pity that Mondshine didn’t read Zevin’s K’sav Horaah (printed in the new Kitvei Aruch Ha-Shulchan). If he had he would have seen that R’ Zevin never met the Aruch HaShulchan. It is written there that “I recognize that this is man is indeed a Talmud Chachamim based on the many letters I exchanged with him.” Those who have read the AS’s correspondence in the Kitvei will see that the AS rarely goes into any extra detail in his letters focusing solely on the question at hand.

But all this is unnecessary, R’ Y. L. Maimon (Fishman), a Talmud of the AS, wrote a series of books with various “Gedolim” stories entitled Sarei HaMeah. In the last volume (vol. 6 pg. 101) he mentions the conversations that “the Aruch Hashulchan himself told me that at the request of some of the (Chassidic) townspeople he went to visit the Tzemach Tsedek.” Their first conversation involved a discussion of the disagreements between Chassidim and Misnagdim…." [5]

Dr. Shapiro finds it impossible to believe that the Tzemach Tsedek should have said “Had it not been for the great dispute about Hasidism, and the Gaon’s strident opposition, the new movement might have led its followers out of the ranks of halakhic Judaism.” I beg to differ. The Tzemach Tsedek’s grandfather the Baal HaTanya held the Gra in great esteem [6] thus he might have tried to find a justification for the Gra’s opposition. Second, the Tzemach Tsedek waged an intense battle against the Maskilim in their attempts to “reform” traditional Jewish education [7]. To this end, the disagreements between the Chassidim and Mitnaggdim were ignored in order to more effectively battle this new greater menace [8]. It is not unlikely that in order to cement this new found alliance [8a] that the Tzeamach Tsedek would have made this kind of conciliatory remark to the Aruch Ha-Shulchan (brother-in-law of the Netsiv who was one of the most influential of the Mitnaggdim) in order to downplay the conflict between the Chassidim and Mitnaggdim

Dr. Shapiro introduces his post admitting that – “When Mekor Barukh was published there were still plenty of people alive who had known her and it would have been impossible to entirely fabricate her personality.” This being the case the report that- “It was her habit to sit by the oven in the kitchen—even in the summertime—next to a table piled high with seforim. These included a Tanach,(Mishnayos) Ein Yaacov, various midrashim, Menoras HaMaor, Kav HaYashar, Tzemach Dovid, Shevet Yehudah, and many other books of this nature.” [9]- must also have been true. This is an important point that is the cornerstone of the whole story.

Dr. Shapiro wonders how “the rebbetzin, sitting in Volozhin, would just so happen to come across this volume on her husband’s bookshelf.” Here is one possibility. We know that there were several large libraries (for example the Strashun Library in Vilna [10]) in the area and it is certainly possible that a copy of Mayin Ganim might have made its way to the intellectual center in Volozhin.

A similar example of a very rare Sephardi book circulating is mentioned in Mekor Baruch (pg. 1224). There he mentions a Maggid who recalled seeing an alchemical recipe in a rare book. The name of the book was Nifla’ot Elokim by Abraham Shalom Chai printed in Livorno. As Shapiro writes “There would have only been a few copies of this book in all of Lithuania.” But we see that it did circulate.

I agree with Shapiro that the TT obviously copied the letter from HaTzefirah. But all this proves is that at the time of the writing of Mekor Baruch he no longer had access to a Mayin Ganim and therefore had to copy from “HaTzefirah”. We do not have any proof that years before, as a student in Volozhin, he had no access to this book.

I also would like to point out that the TT refers to Mekor Baruch in manuscript [11] (Malki BaKodesh vol. 6 pg. 45) in his letter to Hirschenson. It is clear from the letter that the passage on Rayna Batya had already been written before he wrote this letter so he could not have “uses the language in his letter to Hirschensohn to create the following reply to Rayna Batya” as Shapiro writes.

As to the addition of the term “Ulai”, a commenter has correctly noted that the TT must have conflated the term “Efsher L’ Chalek” that appears in the letter with the term “Ullai”. Erroneous readings such as these are fairly common in TT as Kasher has shown in the addendum to Torah Shelemah v. 26.

We have then two possible ways of interpreting the various discrepancies that appear in R’ Epstein’s works. Either as Dr. Shapiro contends he engaged in fraudulent behavior, including intentional plagiarism, and fabricating historical accounts, or as I contend he simply failed to approach his work systematically, meaning he didn’t keep detailed notes, relied overly much on a faulty memory (See Psalms 19:13), and perhaps engaged in some artistic license in order to heighten the effect of his stories.

I leave it to the reader to decide which of the two is more plausible.

[1] On this see the sources cited in D. Rabinowitz – “Rayna Batya and other learned woman: A realuation Rabbi Barukh Halevi Epstein’s sources” Tradition – footnote 4.

[2] Many of the Chiddushei Torah cited in Tosefes Beracha have been previously attributed to the Gr”a. Compare “HaMeor HaGadol” – A collection of the Gra”s Torah from rare source by Yissocher Kreuser to almost any Parsha in Tosefes Bracha.

[2a] Note that in Tosefes Bracha (Gen. 31,1 Exodus 8,17) he writes that “after I thought of this chiddush a sefer of the Gra’s chiddushim (D’var Eliyahu) came out containing the same idea.” It seems that he genuinely thought that these were entirely his own ideas.

[3] He had a full time employment as a bookkeeper. See also M. M. Kasher’s description in a note to Torah Shelemah 26 (300-301)

[4] TB is for the most part a repetition of his Chiddushim in Mekor Baruch and an expansion of some of his writings in Torah Temimah. It gives the impression of a collection of ideas haphazardly “thrown together” rather then following any specific writing plan.

[5] See also the study of the AS's unique use of Kabbalah here. It is not unlikely that he was influenced in this by the Tsemach Tzedek.

[6] See Iggeret Kodesh pg 86 ff. In another place he refers to the Gra as a חד בדרא

[7] See “The Tzemech Tsedek and the Haskalah Movement” – available here.

[8] Mekor Baruch describes the enthusiasm with which the Tsemach Tsedek was greeted in his visit to Lithuania. Cf. the comments of Eliach in HaGaon Vol. 3 Pulmas HaChassidus. See also “B’Mechitasam Shel Gedolei Torah” – Y. Mark on R’ Chaim Soloveitchik for a further description of the Tsemach Tsedek’s actions at the conference.

[8a] In Mekor Baruch he writes that the Tsemach Tsedek begged the AS to make every effort to prevent the rise of Reform (pg. 1291).

[9] Taken from “My Uncle the Netziv” with the addition of one word.

[10] Although the Strashun Library was only officially opened to the public in 1892, (see here), the very existence of a private collection of so many rare seforim leaves open the possibility that some of these rare books may have circulated among the intellectual “elite” in Volozhin.

[11] Specifically he refers to a passage demonstrating that Archivolti was in fact a Talmudic scholar. Since this passage is part of the Rayna Batya story it is not unlikely that the whole passage had been completed before he sent the letter.

Review of Professor Daniel Sperber's Netivot Pesikah

by Eliezer Brodt

Professor Daniel Sperber, Modes of Decision – Methods and Approaches for Proper Halakhic Decision Making, Jerusalem, Reuven Mass, 2008, 207 pages; Hebrew.

פר' דניאל שפרבר, נתיבות פסיקה 'כלים וגישה לפוסק ההלכה' ירושלים, תשסח, ראובן מס, 207 עמודים

Last week a new book from Rabbi Prof. Daniel Sperber arrived in stores, Netivot Pesikah. This is his third book which he authored in less than a year (see here and here for reviews on them). Before I begin I must say at the outset this book follows in the path of his most recent book Darkah Shel Halakha in that he discusses very sensitive topics and says things that many will take issue with. In this post I will not even attempt to deal with all that is discussed in this book as that would require its own book which others much better suited than I could do. What follows is a review of some of the points which he makes in this book including some of my own opinions for whatever they are worth. This is just some preliminary remarks as many topics contain much information and, in time, will be subject to their own posts.

This book is an expansion of essays that he has written in English first printed in the book Modern Scholarship in the Study of Torah, and later, reissued in a separate booklet “Legitimacy and Necessity: Scientific Disciplines and the learning of the Talmud.” This volume is an expansion of those essays including many additions and some new chapters never printed before. The first two parts of the book deal with what a Rav specifically needs to know and use modern day tools to reach proper conclusions in halakha. Sperber includes all kinds of samples to prove his points, including many examples from old texts and historical works. As Sperber writes in the introduction of his English edition:

This study seeks to demonstrate that there is a need to use scientific discipline when examining rabbinic texts. These texts include textual clarification based on manuscripts and early printed editions, philological studies to ascertain the exact meaning of difficult terms, seeing the text in its historical, sociological and literary settings and the use of material evidence to understand the physical aspects of an object discussed. Without the appreciation of these methodologies we often miss the main point of the text, and in some cases even err to the particular halachic implications.

He begins this latest volume with the following statement -- which is really picking a fight in a quiet way -- that it is well known that in the yeshiva world they mock the academic world saying they are concerned with what the Tanaim and Amoraim wore, whereas we are concerned with what they actually say. He says although it is certainly very important to know what they say, it is also very important to know what they wore. He shows a few examples that demonstrate this point that by not knowing what they wore, there were mistakes in understanding different areas of halakha such as in hilkhot tefilah and in hilkhot nidah.

Additionally, another example offered by Sperber, is from the laws of tying on Shabbat, where he ably demonstrates that if one has a full understanding of sailor knots, this knowledge allows one to fully understand the gemarah dealing with these issues. These examples, according to Sperber, show the importance in having this kind of knowledge. He than goes in to a lengthy discussion of what is known today as the scientific method of learning gemarah. Professor Sperber shows that this form scientific method of study is not new, rather, it dates to the times of rishonim. Further, he shows that there were great people such as the Sredei Eish who was involved with such methods and that if done properly this method is very important. In this section it is clear that even Professor Sperber is well aware of the great dangers of it and he does not know exactly how to go about mainstreaming it as opposed to the rest of this volume. A quote that Professor Sperber brings from R. Avraham E. Kaplan is appropriate here:

From there he moves in to a whole discussion of the usage of manuscripts in general and specifically about the famous opinion of the Hazon Ish. Sperber's discussion is based on on Professor Speigel works Amudim b'Tolodot Sefer HaIvri, but he adds many excellent sources to those of Speigel. Specifically, he shows how many gedolim disagreed with the Hazon Ish as is evident from the haskamot and usage of the work Dikdukei Soferim - an entire work devoted to using manuscript evidence to ascertain the correct text of the Talmud. Sperber quotes the Minsker Godol who praises the sefer Dikdukei Soferim. To this I would add two more quotes from R. Meir Halpern's excellent book on R. Yerucham Leib Perlman, the Minsker Godol [R. Halpern taught the Minsker Godol's son]:

"כל אות ואות שבדברי חז"ל היתה חשובה ושקולה בעיניו לעשותת אותה יסוד ולהעמיד עליה בנין ולקחת ממנה ראיה לדין והלכה. ולכן היו חביבים בעיניו ספרי דקדוקי סופרים, וכמה וכמה פעמים היה מראה כי על פי שנוי קטן בנוסחא מתיישבים כמה דברי גדולי הראשונים, שהבאים אחריהם נתקשו בהם ולא ירדו לסוף דעתם ודחאום מהלכה". (הגדול ממינסק, עמ' 85)

Elsewhere he writes:

"כשעלתה בידו ליישב שיטת איזה מהראשונים על פי נוסחא ישנה שמצא בגירסת התלמוד, היה בעיניו כמוצא שלל רב ואין קץ לשמחתו. ולכן היו ספרי דקדוקי סופרים של הר"ר רפאל נטע רבינוביץ יקרים וחביבים לו". (שם עמ' 159)

Professor Sperber then continues with another topic, showing the need to know about different printings and printing mistakes. He shows how the knowledge of bibliography helps one come to a proper understanding of the topic of parashat Parah being d'oraitah -- and it is somewhat ironic that on this very page there is a mistake where Sperber writes the name of the Prei Chadash as R. Yechezkial, where it should really say R. Chizkiyahu]. Professor Sperber writes that the teshuvot on the topic of smoking today should take in account that all the earlier literature on this topic is from a time when they did not realize the dangers of smoking.

In the second section he has thirteen excellent examples (including pictures) demonstrating how using manuscripts helps one come to a proper understanding of the Yerushalmi. He gets in to a discussion of mesorah, nussach hatefilah. This later point leads him in his notes to deal with all the different printings of the siddur of R. Jacob Emden as much was added in over the years which was not written by R. Emden until the new beautiful edition by Eshkol was printed. [Even Eshkol edition, however, is not perfect and does not fully reflect the opinions of R. Emden, but it is much better than previous siddurim that claimed to reflect R. Emden's positions.] Sperber offers an example how censorship from the censors causes a wrong Pesak on topic of halakhot of lo sichanam. He has a small discussion about the Besamim Rosh, and a more lengthy discussion on how the proper dating of when the Rama died plays a role halakhically. He shows how a Kaarite explanation crept into many rishonim and how a mistake in Rabbeinu Yerucham without using manuscripts causes a wrong halakha. Finally, he has a lengthy discussion of the edited teshuvah of the Rama on yayin nessach. These are just some of the many topics one can find in this sefer.

The last two parts of the sefer are a continuation of his previous work Darkah Shel Halakha, including new information on topics discussed there on the feelings a posek must have to the people asking questions. (Sperber has a separate article on this topic, available here.) To illustrate the point he brings a beautiful story with R. Shlomo Zalman Auerbach, when after listening to a very complicated question, he told the person that he is sorry but that he can not answer him as he can not put himself in his shoes – it was towards the end of his life so he did not have enough strength.

The last part of Netivot Pesika are additional sources continuing from his Darkah Shel Halakha about how a posek should not to be overly machmir.

As always, Professor Sperber does not let us down with his breathtaking wide range of sources in his famous lengthy footnotes -- 283 notes in total -- quoting both from Hebrew and English sources. Of great interest to note is his tremendous Bikiut in all the seforim of R. Yaakov Chaim Sofer. This volume is also full of many nice stories and anecdotes to demonstrate his points. This book is much more organized than some of the other works of Professor Sperber, a complaint that many have voiced by some in the past. There are no tangents in tangents of tangents, as he sticks with each topic at hand.

One complaint I have with the book although he includes all the tools one needs to have today to render proper halakhic rulings, there is a glaring omission which I feel should be the few pages explaining how it is proper to learn Torah and that all the Torah sources are the first and most important things that one needs to master first. Only afterwards are these tools helpful and necessary, otherwise these tools alone will not help much.

When I finished reading Netivot Pesika I was stuck with the following feeling: A while ago when reading the excellent article of Dr. Shlomo Sprecher on mezizah b'peh I thought to myself that its lucky I am not a Rav, as this evidence is so hard to deal with. I never went to medical school and I have doctors saying each way and besides that I have the excellent documentation of Dr. Sprecher on this whole topic showing the whole historical development of this halakha convincing one how one can do it b'klei. This book also continues showing me how hard it is for one to become a Rav these days and anyone reading it thinking of pursuing such a career might change their minds.

My outcome after seeing all this unbelievable evidence would be that every rav has to make sure to carefully check up the sources he is using to reach his pesak and if it is related to issues of science or knowledge outside of learning to consult an expert of that particular field, but going to school would not teach one all of this as Sperber himself admits that how many languages could one learn already (pg 50) and still have time to learn Torah which is always supposed to be the main thing? There are many sources which show that one can learn other sciences, etc., and the great necessity of knowing them of reach proper conclusions in pesak.

One has to be aware of all these methods and maybe know how to check up manuscripts. But there is no way every topic that one would be able to research from scratch and suspect that everything up until now is a mistake. Besides, who has such libraries, even with the various computer programs, no one has all these manuscripts and early printings so readily available. The Rabannim would never get anywhere with issuing p'sakim. Rather, a rav has to be aware of the issues that Prof. Sperber raises and consult experts of each particular field, whether dealing with bankers or real estate agents to understand what the market is, to consult medical experts with regard to medical and fertility issues, electrical issues, scientists and the like.

Thus, if someone is dealing with questions of hilkhot Shabbat and electricity aside for having to master the extremely complicated topics of Grama he also has to understand electricity a bit besides for this he would have to understand how this particular product he is dealing with works exactly. Today many rabbanim are well aware of this so they are very careful to check into exactly understanding how products work before issuing a pesak to list one example.

One of the greatest poskim of the past century, R. Shlomo Zalman Auerbach, was famous for how he consulted experts and tried to understand the exact facts before issuing a pesak. This is evident in all his writings on all of the modern day issues. One example: In recent years there has been much written on the bottle cap opening of shabbat -- it even has its own huge sefer (as virtually everything else does these days) on the topic! One of the rabbanim who has been involved with this topic for years is R. Moshe Yadler, author of Meor Hashabbat, where he has written on this topic and spent many hours speaking to many gedolim about it. When he was researching the topic he made sure to track down every type of bottle, he visited factories to see how bottles are made so that he would be able to understand exactly how it is made so he would be able to pasken properly. When he gives a shiur about this topic he comes with a bag full of all types of caps to demonstrate to the crowd the exact way it is made, etc. He told me once that he spoke to R. Shlomo Zalman Auerbach about this many times at one point and requested R. Shlomo Zalman Auerbach to put in writing his pesakim to which the latter did. But R. Shlomo Zalman Auerbach's son told R. Yadler that his father sat for three days with a soda bottle in front of him the whole time he was writing the teshuvah and he kept on taking it on and off. Another of the many samples of this are the writings of R. J. David Bleich in his now five-volume Contemporary Halachic Problems, two-volume Jewish Bioethics and other works.

In conclusion I would like to quote a lengthy passage from one of my favorite books HaGodol m'Minsk that expresses an idea similar to Professor Sperber,on what a Rav should know – [I got to this book after hearing many times from my Rosh haYeshiva R. Zelig Epstein Shlita how great it is] I apologize for not translating it into English

"אף שם אל לבו להשתלם בידיעת עניני העולם. ובאשר ידע כי התמדתו הנפרזה בתורה היא הגורמת לחסרונו זה, ומפני גודל שקידתו כמעט שלא דבר עם איש מלבד לענות שאלה באיסור והיתר או למי שבא לדבר בדברי תורה, והיו הכל נמנעמים מלבוא אל ביתו בראותם כי למשא הם עליו והוא מדבר רק בעל כרחו כאלו כפאו שד, ובו ברגע שמפנים שכמם ללכת הוא שב ללמודו בקול רם כמשפטו באופן שניכר ומורגש היה להם שבביאתם הם מבטלים את הרב מתורתו. . . לכן עלה על רוחו להשלים חסרונו בכל האפשר, ויאמר להנהיג תורתו מנהג דרך ארץ. ועל פי רמז מאתו וגלוי דעתא דניחא ליה, היו באים אליו לפרקים שניים מחשובי העיר. . . הם היו באים אליו בעידנא דמיפגר מתלמודו, והיו משעשעים אותו בשיחותיהם. זה מספר מעסקים ומסחרים שונים ומבאר פרטיהם ודרכיהם, וזה מדבר על גוי ועל אדם, מספר קורותיו והרפתקאותיו ומבאר דעותיו והשקפותיו. וכיון שנפרץ הגדר מעט, היו באים לפעמים גם אחרים מאנשי העיר בשיחם ושיגם. והרב היה מתענין ושומע ומתכוון לקנות ידיעה בעיני התבל והמציאות. אף היה מתיר לעצמו לפעמים ללכת עם אחד מאלה לטייל בסביבות העיר. ומדי עברו לפני בנין שונה ודבר לא רגיל היה שואל לדעת טיבו ומהותו. כן נמשך הדבר כשלשה ירחים לערך. הרב אמנם עשה חיל בלמודיו אלה ויעבור בהם את רבותיו אלה, שהיה קורא להן בדרך הלצה רבנן דאגדתא, מאיר דעובדי ובמשך הזמן הקצר הזה התעשר בידיעות רבות... והנה נשמט מזכרונו דבור אחד מהראשונים המדברים בזה ולא ידע לפי שעה מקומו והוצרך לחפש אחריו תלה את הדבר בביטול תורה של הפסקות האלה בשיחות וטיולים, ויצר לו מאד ויקט בפניו. וישב לחדר למודו ולקביעותו כבראשונה, והבקורים והטיולים חדלו... בעת זקנו אמר לי פעם אחת כד הוה בדיחא דעתיה רב אמר שמונה עשר חדשים גדלתי אצל רועה בהמה, ורבנו הקודש לא נתן לו רשות להתיר בכורות, ואני לקחתי לקח שלשה חדשים אצל בעלי הבתים והעולם לא נתנו סמיכתם לי על ידיעתי עניני הארץ. בכל זאת אוכל לומר כי הידיעות האלה שקינתי לי אז, הן הן שעמדו לי בכל ימי חיי, מהם אני שואף ויונק בכל עת שבא מעשה לידי". (הגדול ממינסק עמ' 59-63).

Many of these points were demonstrated a bit in the convention and than journal Beis Havad previously discussed on the blog. Professor Sperber, however, goes ahead and demonstrates it much more clearly via many excellent examples to prove each point.

The book is available in the U.S. at Beigeleisen and in Israel at Girsa books and directly from the publisher, Rubin Mass. The SOY Seforim Sale at Yeshiva University, has online ordering available (minimum order of $100), and has Darkah Shel Halakha and Netivot Pesika.

Some Notes on the Pinner Affair

by

Shnayer Leiman

Kudos to Dan Rabinowitz for his informative account of the Pinner affair and, more importantly, for reproducing the original texts of Pinner’s 1834 Hebrew prospectus and the Hatam Sofer’s 1835 retraction. The comments that follow are intended to add to Dan’s discussion.

1. “In his retraction the Hatam Sofer says the text [of his approbation to the Pinner translation] was published in a Hamburg newspaper.”

It appears more likely that the Hatam Sofer’s words should be rendered: “I have already made public my grievous sin and error – that I wrote a letter of approbation on behalf of Dr. Pinner’s German translation of the Talmud – and it [Hebrew: iggerati] was published in Hamburg. In it, I confessed, and was not embarrassed to admit, that due to my sins, my eyes were besmeared and blinded…” What was published in Hamburg, then, was the Hatam Sofer’s first public retraction of the letter of approbation, not the letter of approbation itself. Moreover, no mention is made of a Hamburg newspaper. (In 1835, no German-Jewish or Hebrew newspapers were published in Hamburg.) It was published as a broadside, the text of which the Hatam Sofer sent from Pressburg to Hamburg for publication. In was intercepted by the Chief Rabbi, R. Akiva Wertheimer (d. 1838), who refused to publish the text precisely as the Hatam Sofer had written it. (This was in 1834, when the Hatam Sofer was posek ha-dor and gadol ha-dor, and about 72 years old – and we think we have problems!) The Hatam Sofer had to revise the text of the retraction, after which it was published in Hamburg some time between December 23, 1834 (when Rabbi Wertheimer addressed his objections to the Hatam Sofer) and January 22, 1835 (when the second retraction was published by the Hatam Sofer himself in Pressburg). See R. Shlomo Sofer, איגרות סופרים (Vienna, 1929), part 2, letter 66, pp. 70-71. Indeed, one suspects that the need for a second retraction by the Hatam Sofer was occasioned by this act of censorship on the part of the Hamburg authorities. No copies of the Hamburg broadside seem to have been preserved in any of the public collections of Judaica.

2. “The full text of the retraction appears in three places.”

It also appears in a fourth place: Y. Stern, ed., לקוטי תשובות חתם סופר (London, 1965), letter section, p. 90-91. This edition of the text is particularly important because it was obviously copied from the original broadside. Unlike the other editions of the text, the London edition contains two different fonts, Rashi script and enlarged square Hebrew characters – exactly like the original broadside. In a blatant misstatement of fact, the editor of the London edition, in a footnote, indicates that he copied the text from Greenwald’s אוצר נחמד. If so, he could not have known about the two different fonts and where to use them! In any event, Greenwald’s text lacks words that appear in the London edition! Most important, Greenwald’s text gives as the date the broadside was written: Thursday, 22 Tammuz , 5595 (= 1835). (In 1835, however, 22 Tammuz fell on Sunday, July 19.) The London edition gives as the date the broadside was written: Thursday, 21 Tevet, 5595 (= January 22, 1835). This is precisely the date that appears on the original broadside, as posted by Dan! One suspects that the discrepancy between the editor’s claim and the printed page originated in a parting of the ways between the editor and the great bibliophile and scholar, Abraham Ha-Levi Schischa (see the introductory page to the volume). Schischa’s deft hand is evident throughout the volume, and no doubt he had access to the original broadside. Perhaps when the editor and Schischa parted ways, the editor – who no longer had access to the original broadside – claimed that he copied the text from Greenwald, when in fact Schisha had prepared the text based on the original broadside. There remain some very slight discrepancies between the London edition and the original broadside, probably due to the editor of the London edition. The editor’s misstatement of fact misled, among others, R. Eliezer Waldenberg, שו"ת ציץ אליעזר 15:3, p. 8.

3. “As one can see, the retraction is dated 21 Tevet, 1834.”

As indicated above, 21 Tevet in the year 5595 fell in 1835. In the light of the documents posted by Dan, we can reconstruct the chronological sequence of events. Sometime in mid- 1834, the Hatam Sofer wrote a letter of approbation on behalf of Pinner’s translation of the Talmud into German. (One should mention for the record that it was much more than a mere translation. Pinner vocalized the Mishnah and punctuated [commas and question marks] the entire text of the Talmud, Rashi, Tosafos, and Rosh to Bavli Berakhoth! He also included occasional חידושים from his רבי מובהק, Rabbi Jacob of Lissa [d. 1832], at whose feet he sat for seven consecutive years.) On August 15, 1834, Pinner published his prospectus in Hebrew, announcing to the world at large that he had received letters of approbation from “all the גדולי ישראל in France, Italy, and German” and from none other than the Hatam Sofer himself! (The English version lists the same date, but makes no mention of the Hatam Sofer.) It was precisely the publication of the prospectus that forced the Hatam Sofer to go public. Now all of the Hatam Sofer’s colleagues knew what he had done, and the criticism that followed was merciless. See the letter of the Dutch communal leader and philanthropist, R. Zvi Hirsch Lehren (d. 1853), to the Hatam Sofer, dated January 11, 1835 (in איגרת סופרים, part 2, letter 69, pp. 73-78). It would no longer suffice to simply send a note to Pinner and ask that he return the letter of approbation. Since it was public knowledge that the Hatam Sofer had lent his name to Pinner’s translation, nothing less than a public retraction would set the record straight. By December 1834, the Hatam Sofer had already prepared an official retraction for publication (by disciples of his in Hamburg who had easy access to the local Jewish publishing houses) in Hamburg. After some delay due to censorship, the retraction was published either in late December 1834 or early January 1835. A second, fuller retraction was published in Pressburg on January 22, 1835. For Pressburg as the place of publication of the second retraction, see N. Ben Menachem, “הדפוס העברי בפרעסבורג,” Kiryat Sefer 33(1958), p. 529.

4. The letter of retraction refers to Rabbi Nathan Adler. This, of course refers to Rabbi Nathan Marcus Adler (1803-1890) of Hanover, and later Chief Rabbi of Britain, a much younger contemporary of the Hatam Sofer. He is not to be confused with the Hatam Sofer’s teacher, Rabbi Nathan Adler of Frankfurt (1741-1800), who could not have been consulted by Pinner. Cf. Torah U-Madda Journal 5(1994), p. 131; (see now the corrected version "The Talmud in Translation" in Printing The Talmud: From Bomberg to Schottenstein, Yeshiva University Museum, 2006, p. 133).

5. Although Pinner insisted on going ahead with the project, despite the Hatam Sofer’s protests, credit should be given where credit is due. Pinner omitted mention of the Hatam Sofer’s letter of approbation in the one volume that he published in 1842.

6. Regarding why no further volumes of Pinner’s translation were published, the simplest answer is: lack of funds and lack of determination to see a project through from beginning to end. Pinner, a moderate Maskil, spent a lifetime dreaming about all sorts of literary projects, none of which came to fruition. These included attempts at listing all Hebrew books and manuscripts, and all tombstone inscriptions of famous rabbis and scholars (including Moses Mendelssohn, Isaac Satanov, Hartwig Wessely, and Israel Jacobson). See his כתבי יד (Berlin, 1861), a partial publication of a book with no real beginning and no real end that captures the very essence of Pinner’s personality. In that volume, pp. 62-64, Pinner published a lengthy fund-raising letter he wrote in 1847 in order to raise funds to publish his diary, a kind of travelogue that would introduce readers to the wonders of the world. It was yet another of his failed projects. In the case of Pinner’s translation of the Talmud, Czar Nicholas withdrew his support and there was no one to pick up the slack. Note too the powerful language at the end of the Hatam’s Sofer’s retraction. Should Pinner insist on publishing the volumes, no Jewish publishing house may agree to publish the volumes, and no Jew may buy or read them. This surely didn’t help either publication or sales. For the powerful impact of the Hatam Sofer’s letters of approbation on the Jewish community at large, see my “Masorah and Halakhah: A Study in Conflict,” in M. Cogan, B. Eichler, and J. Tigay, eds., Tehillah Le-Moshe (Moshe Greenberg Festschrift), Winona Lake, 1997, pp. 305-306.

David Glasner, an economist at the Federal Trade Commission, is a great-grandson of Rabbi Moshe Shmuel Glasner, the topic of his recent post, "The Saga of Publishing the Works of Rabbi Moshe Shmuel Glasner: The Issue of Inclusion of Zionism and Rav Kook," at the Seforim blog.

This is his second contribution to the Seforim blog.

Dr. Jordan S. Penkower is an associate professor in the Bible Department at Bar Ilan University, and has written extensively on the development of the printed Hebrew Bible.

This is his first contribution to the Seforim blog.

In response to the post at the Seforim blog regarding the Pinner Talmud, a correction is in order regarding the first two Rabbinic Bibles (both now available online - see below). The post states

In fact, this would not be the first time a dedication didn't work out that well. The first Rabbinic bible published in 1522, was not a success. Instead, it would be the second Rabbinic bible that became the template for the Mikrot Gedolot Chumash. While both were done by the same publisher and soon after one another. The main difference was the first contained a dedication to the Pope, while the second did not. Perhaps, the same happened here, and Pinner was a victim of poor judgment in securing his approbations, both in the one's that appeared and the ones that did not.

Decree at the end of Chronicles from 1517 ed.

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אמר רבי יוחנן משום רבי שמעון בן יוחאי: אסור לאדם שימלא שחוק פיו בעולם הזה, שנאמר: 'אז ימלא שחוק פינו ולשוננו רנה', אימתי - בזמן שיאמרו בגוים הגדיל ה' לעשות עם אלה. אמרו עליו על ריש לקיש, שמימיו לא מלא שחוק פיו בעולם הזה מכי שמעה מרבי יוחנן רביה.

This is codified in Shulchan Orach (O.C. siman 560, 5) to which the Taz (ibid) comments:

בשם רבינו יונה דמשמע גם שלא בזמן הגלות דלא כנוסח הטור שכתב בגלות הזה ונלע"ד שיש חילוק בזה דלענין שמחה שאינו של מצוה ודאי אסור אפי' שלא בזמן הגלות למלא פיו שחוק אבל בשמחה של מצוה היה היתר בזמן שב"ה קיים כגון שמחת בית השואב' ושמחת דוד שהיה מכרכר בכל עוז ובזמן הגלות ערב' כל שמחה ואפי' בשמחה של מצוה כגון בחתונה או פורים מ"מ לא ימלא פיו שחוק כנלע"ד נכון:

Thus, according to the Taz, even during happy events such as a wedding or Purim, there is a a restriction on שחוק. R. Yosef Engle in his Dershos Otzros Yosef (Vienna 1921, pg 36-37) and R. Teichtel author of the Aim Habonim Semechaih, in his Shu"t Mishnat Sachir (# 2) both justify the minhag of Klal Yisroel everywhere to be joyous at weddings and on Purim. [R. Yosef Engle seems to take this concept a bit further than R. Teichtel as he even justifies cross dressing].

In fact, we find times that chazal themselves allowed שחוק as we find מילתא דבדיחותא in Chazal. Those instances, however, appear to be limited to when the purpose was waking a sleeping or otherwise uninterested audience and involving them in Torah study.

Setting aside the opinion of the Taz who holds that שחוק is prohibited even on Purim, it appears that many disagreed with this position. This is borne out by various halachos that relate to Purim. For instance, the Rema in Hilchos Purim (696 end) writes some allow cross dressing and wearing shatnes d'rabanan. Additionally, if someone damaged his friends property due to simchas Purim they do not have to pay. And, perhaps most notable, getting drunk which in general is very much frowned upon. While the Rama and others seems to permit these actions many disagreed for example R. Shmuel Aboab in his Sefer Zichronos [2] writes very strongly against these actions.

אין לסמוך על דברי זאת ההגהה לחטוא, לא לענין מלובשי איש ואשה, ולא בכלאים דרבנן, ולא בגזל אפילו כל שהוא, ושומר נפשו ירחקו מהם ולא יסמוך על המתיר כי אין בידו דבר ברור להיתר, ולא כתבו כן הפוסקים הראשונים ובמקום אחר הוא כתב: "מנהגים הללו בורות הם ויש להמנע מהם".

And more recent the Orach Ha-shulchan writes:

ועכשיו בעונותינו הרבים ערבה כל שמחה ואין אנו נוהגים לשמוח כל כך עד שיבא להיזק ולכן עכשיו כשהזיק חייב לשלם ואפילו בזמן הקדמון חייב בנזק הגוף

A bit later he elaborates:

ומה שנהגו בימים קדמונים בלבישת פרצופים משעטנז ושל איש לאשה עכשיו לא נהגו כן וכן מי שהזיק חייב לשלם דעתה בעונותינו הרבים ערבה כל שמחה ואין אנו במדריגה זו [ומ"ש הרמ"א בסעיף ח' הוא לקיים מה שנהגו בימיו ולא עכשיו]: [4]

In light of the above, we see that while there is some dispute about how far one can go on Purim, joyful acts (depending on their degree) are encouraged. Parodies and plays (this topic will be dealt with in my next post) which were written and some preformed during Purim-time.

Israel Davidson writes in the introduction to his classic work on this topic, Parody in Jewish Literature, [5] the following:

"The Range of Jewish parody is as wide as the range of general parody. The Jewish parodist has invaded every department of literature and every walk of life. He has drawn upon the various phases of Jewish life for his subject matter and upon the various forms of Jewish literature for his models. . . . It would indeed be easy to make a collection of representing the bible, Talmud, midrash liturgy zohar codes… It is equally no exaggeration to say almost all the great movements in modern Jewish history are reflected in Jewish parody . . . on the other hand the study of this branch of Jewish literature will also reveal the serious side of Jewish humor. . . . Tears and laughter lie very closely together in Jewish humor, and the Jewish parodist is not always a mere clown, but more often is a preacher disguised in the garb of a jester. Like general parody Jewish parody has a moral aim. It is opposed to every kind of untruth to bombast to hypocrisy.”

In this post I would like to point out a few such parodies to show some general customs which are mentioned in them, with a specific eye towards Purim.

One of the earliest such pieces was a piyut printed in the Machzor Vitri (p. 583) to say during Ma'ariv of Purim. It starts out saying:

ליל שיכורים הוא זה הלילה, לשמוח ביין הטוב ולגילה... בליל הזה ישכרו כל יצורים…

This piece was authored by a Menachem ben Aron. It has been debated from exactly which time period this piece was written but Davidson believes that he was active as early as 1140 and as late as 1244. Rav Zevin and others note that it is quiet strange to allow such a crazy piyut to be said during Ma'ariv. But, Rav Zevin does point out that although the halacha is not to get drunk on Purim at night at least in the times of R Eliezer Fleckles people definitely did get drunk then.[6] A. Haberman reprinted a much lengthier version of a piuyt composed in 1695, by a dayan, for the whole Ma'ariv.[7]

Although there are no real sources that one has to get drunk on the night of Purim I did find Rav Nissim Goan writes:

ושנהגו בלילי פורים לעשות מדורות האש וקופצין עליהן אית ליה נמי עיקיר.

This seems to imply that there is a some notion of שחוק or שמחה on Purim night. This custom of Rav Nissim Goan is brought down by the Sefer Hamanhig, Avudraham and others.[8]

Just to quote one line from this particular parody as it is extremely graphic:

יצאתי אם השר בימי הנעורים אחר סעודת פורים, לראות בשחוק השכורים...ויאמר כי היא מצות עשה שהזמן גרמא והשכרות והפריצות ביום הזה ערמה וקצתם יחולו במחולות בחורים וגם בתולות...

As is very well known this work was banned by the Beis Yosef [11] who writes very strongly against it:

מליצות ומשלים של שיחת חולין ודברי חשק, כגון ספר עמנואל, וכן ספרי מלחמות, אסור לקרות בהם בשבת; ואף בחול אסור משום מושב לצים ועובר משום אל תפנו אל האלילים לא תפנו אל מדעתכם; ובדברי חשק, איכא תו משום מגרה יצר הרע; ומי שחיברן ומי שהעתיקן, וא"צ לומר המדפיסן, מחטיאים את הרבים.

שמעתי שאמרו בעל הפרשים שבאיוב יקרא האדם פ' רלב"ג וירוה צמאוני ובמשלי יקרא פ' עמנואל ובתהלים יקרא פ' ר' דוד קמחי ואתנח סימנא שפת אמת תכון לעד. אמת ר"ת איוב משלי תהלים. לעד ר"ת לוי עמנואל דוד והם כסדרן.

What the Chida is saying is that the best work on Mishlei was written by Emanuel!

One other point of interest about this work: I found in the list of works for students to learn thought out a new school system written by R. Meshulam Roth the great Galicianer posek at the request of R. Meir Shapiro amongst the many interesting things he wanted talmdim to read was the Sefer Machberes![13]