המעין

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HAMA`YAN

Table of Contents

Abstracts                                                                                                                     II

The Legacy of Rav Shimshon Raphael Hirsch זצ"ל / Rav Shimon Schwab זצ"ל        3

"Torah Im Derech Eretz" - The Preeminence of the Torah over Derech Eretz / Rav Yosef Shlomo Meir                                                                                                                             6

The Gall Bladder – A Means to Differentiate the Gazelle from the Deer / Prof. Zohar Amar                                                                                                                                              14

The Excommunication of Rav Y. M. Pines in Jerusalem and his Ties to his Brother-in-law Rav David Friedman / Eitam Henkin                                                                          19

Is R. Yitschak Alfasi the Author of the Responsum about the Day of Judgment? / Rav Ya`akov Yisrael Stal                                                                                                                               39

"[The Teacher] Must be Angry with them and Humiliate them" - a Clarification of this Halacha, and its Contemporary Application / Rav Shaul Bar Ilan        44

Shemitah Observers and Otzrot Beit Din in the Shemitah year of 5768 / Moshe Oren                                                                                                                                                         59

More about The Chazon Ish זצ"ל and the Pioneers of Religious Settlements / Shmuel Emanuel                                                                                                                                                      64

Responses and Comments

Concerning the Grammarian R. Zalman Hene - a Response / Rav David Yitzchaki 66

My Response to the Response of Rav D. Yitzchaki / Rav Ya`akov Loyfer  75

More Concerning Mendelsohn / Yehuda Hershkovitz                                               82

May We Rely upon Yitschak Satanov? / Rav Binyamin S. Hamburger                     86

Ten Recomendations in Personal Prayer and for the Chazan / Eli Kellerman                        91

Did Rav Shlomo Zalman Auerbach concur with the Opinion of the Chazon Ish Concerning "Sefichin"? / Rav Yehoshua Ben Meir                                                                            93

More on the Sursi Language / Rav Avraham Meir Glantzer                          94

Editorial Review of Recent Torah Publications / Rav Yoel Catane                           95

 

Abstracts

Rav Shimon Schwab זצ"ל: The Legacy of Rav Shimshon Raphael Hirsch זצ"ל

Rav Shimon Schwab זצ"ל, rav of Congregation Ke`hal Adath Yeshurun in New York, wrote about "The Legacy of Rav Samson Raphael Hirsch" (in Mitteilunge, Bulletin of K`hal Adath Yeshurun, New York, 1983). In his opinion, the relationship between the Torah and general knowledge as defined by Rav S. R. Hirsch is that the Torah is the basis of life, the absolute value, and it is forbidden to dilute it with foreign sources. This does not mean that we should ignore wisdom that can be obtained from the gentiles; rather that we are to approach the Torah as the absolute truth. The Torah is the yardstick through which we measure the teachings of other areas of knowledge. The philosophy of Rav Hirsch`s "Torah Im Derech Eretz" is explained by his grandson, Dr. Yitzchak Breuer: "Rav Hirsch harshly opposed compromise, or even synthesis. He demanded total control by the Torah". Unfortunately, the principle of "Torah Im Derech Eretz" is not properly understood by contemporary Orthodox Jewry. Refraining from transgressing prohibitions is admirable, however it does not constitute the embodiment of the approach of Rav Hirsch. Those who utilize the concept of "Torah Im Derech Eretz" to maintain a lifestyle of lenient "yiddishkeit" distort the principle advanced in the Mishnah "The joint toil of Torah and Derech Eretz removes the prevalence of sin". According to Rav Schwab there are only two legitimate approaches: "Torah Only" and "Torah Im Derech Eretz" - in its proper form. One may choose between these two approaches.

 

Rav Yosef Shlomo Meir: "Torah Im Derech Eretz" - The Preeminence of the Torah over Derech Eretz

On this very point, Rav Meir, the son in law of Rav Hamburger and one of his major associates in the building of new Ashekenaz communities in Israel, explains his opposition to Rav Refael Pozen`s thesis advanced in the previous issue that there is a relathionship between Torah Im Drech Eretz and the synthesis of Torah and general studies. In his opinion, the correct explanation of Torah Im Derech Eretz, as implied in the writings of Dr. Breuer and other prominent figures of German Jewry, is to relate to the world as a challenge to fill it with Avodat Hashem. This does not endow a special niche for general studies. In his opinion there is no connection between this issue and the perennial question whether Torah Im Derech Eretz`s approach was only special meant to answer (hora'at sha'ah) the needs of the hour, or applied to all times. It would be a fatal mistake for us, here and now, to relate to the "Derech Eretz" of Western Europe of over 100 years ago, nor to discuss its relevancy to Torat Hashem. In every generation we are to analyze the challenges we face and to deal with them appropriately. He concludes with the ethical will and prophecy of Rav Shlomo Zalman Breuer זצ"ל, that the philosophy of Torah Im Derech Eretz will hasten the redemption.

 

Prof. Zohar Amar: The Gall Bladder – A Means to Differentiate the Gazelle from the Deer

Professor Amar of Bar Ilan University suggests a clear criteria to distinguish between the gazella ("Tzvi") and the deer ("Ayal") both of which are kosher animals. Male and female gazelles have permanent short horns, while a male deer has long horns that are renewed annually. The gazella did not breed in Europe which caused many Ashkenazic commentators to interchange between the species, or to identify them as one. Deer is "hirsch" in German, and the name "Tzvi Hirsch" in essence combines two distinct types of animals! Professor Amar conclusively demonstrates that the way to distinguish between them is via an internal examination: all deer - including the red deer and the American elk - do not have a gall bladder, whereas all gazelles do have a gall bladder (despite the fact that the Shulchan Aruch in Yoreh Deah mentions that a gazella doesn't have a gall bladder; this is an interchange between gazella and deer).

 

Eitam Henkin: The Excommunication of Rav Y. M. Pines in Jerusalem and his Ties to his Brother-in-law Rav David Friedman

Eitam Henkin, a young researcher and the great-grandson of the famous halachic authority, Rav Yosef Eliahu Henkin זצ"ל, investigates the painful episode of the excommunication placed upon the Torah scholar and activist Rav Yechiel Michel Pines by the disciples of the great sage, MaHaril Diskin זצ"ל, and the relationship between Rav Pines and his brother-in-law, the great sage, Rav David Friedman from Karlin זצ"ל. He reveals that, contrary to what has been claimed, the ties between the brothers-in-law remained close and friendly until the end of their lives, despite Rav Friedman's criticism of several issues. Utilizing new sources, Henkin demonstrates that some of the Chareidi Historiography on this subject is forged and censored, and the discrediting of Rav Pines is unwarranted - as Rav Shmuel Salant זצ"ל and many other sages of Yerushalayim suppored and encouraged Rav Pines and opposed his excommunication. Rav Pines continued to be active for many years within the Jerusalem community.

 

Rav Ya`akov Yisrael Stal: Is R. Yitschak Alfasi the Author of the Responsum about the Day of Judgment?

Rav Yaakov Yisrael Stal, a young Jerusalemite scholar, proves that an important responsum concerning a halacha of the judgment on Rosh HaShanah, attributed for many years to Rav Yitzchak Alfasi (the Rif), is actually a section emanating from the expanded version of Sefer Chasidim of Rav Yehuda HaChassid. He explains that the origin of the mistake is an error in identifying a manuscript. This caused an incorrect description of the responsum, published in the name of the Rif in three separate volumes, even thougt according to its language and content, the responsum no doubt belongs to the Torah of Chasidei Ashkenaz.

 

Rav Shaul Bar Ilan: "[The Teacher] Must be Angry with them and Humiliate them" - a Clarification of this Halacha, and its Contemporary Application

Rav Shaul Bar Ilan (the great-great grandson of the Netziv of Volozhin), who resides in Be'er Sheva after being expelled from his home in Kfar Darom in Gush Katif, presents a large and comprehensive article on educational methods in accordance with Halacha: when and how is it permissible to insult a student in order to guide him towards the path of Torah. He investigates the sources in Chazal, and how the Rambam and subsequent halachic authorities understood these sources. Rav Bar Ilan quotes recollections of students of the Volozhin yeshiva on the punishments that prevailed in the era of the Netziv, and proves that the Netziv acted appropriately when at times he would even strike an insolent student! The article concludes with an examination of the applicability of this Halacha in contemporary times, when the students and their parents do not consent to physical and emotional harming of the student, even if called for at times.

 

Moshe Oren: Shemitah Observers and Otzrot Beit Din in the Shemitah year of 5768; Shmuel Emanuel: More about The Chazon Ish זצ"ל and the Pioneers of Religious Settlements

Moshe Oren and Shmuel Emanuel, veteran members of Kibbutz Sha'alvim, write about the Shemitah year. Moshe Oren summarizes the activities of the Otzrot Beit Din, and praises the assistance that the farmers, who observe Shemitah without relying upon the Heter Mechira, received from the Ministry of Agriculture. He states that the efficiency of this ministry resulted in almost no foreign imports of produce during this Shemitah year and no significant increase in the use of Arab produce in the Land of Israel. Yet, there was no lack of fruit variety with all kinds of hechsheirim. Shmuel Emanuel analyzes the address of Rav Avraham Yeshaayahu Karelitz זצ"ל, the Chazon Ish, to the pioneers of Kibbutz Chafetz Chaim in 1940, and illustrates how these pioneers strenghthened the spirit of the Chazon Ish in the most difficult days of the Second World War, and how he viewed this as a sign of the approaching redemption.

 

Responses and Comments

Many comments were submitted in response to the previous issue of "HaMa`yan": The linguist Rav David Yitzchaki of Bnei Brak continues to prove why we should not rely at all upon the grammarian R. Zalman Hene; Rav Yaakov Emden and all who opposed R. Hene were correct in their claims 300 years ago. Rav Yitzchaki is responding to the comments of Rav Yaakov Loyfer in the previous issue who argued with Rav Yitzchaki. Rav Loyfer maintains that it is impossible to ignore the knowledge and wisom of R. Zalman Hene, and that the approach of Rav Yitzchaki and others is not warranted. These two responses raise serious questions concerning the grammar of Leshon HaKodesh. Yehuda Hershkovitz, a Jerusalemite scholar, deals with the "kashrut" of Moshe Mendelsohn, one of the earliest Maskilim, and Rav Binyamin Shlomo Hamburger refers to the attitude towards the Maskil Yitzchak Satanov. Both agree that Rav Pozen, in the previous issue of "HaMa'yan", gave them more credit then deserved. In a different matter, Eli Kellerman, a veteran subscriber of "HaMa'yan", suggest ten short recommendations for the individual and the Chazan in prayer and in the reading of the Torah. Rav Yehoshua Ben Meir, Rosh Yeshivat Shevut Yisrael in Efrat, proves from an article in the previous issue of "HaMa'yan" that Rav Shlomo Zalman Auerbach זצ"ל did not change his mind, and did not agree with the Chazon Ish זצ"ל on one point concerning "Sefichin", despite other opinions on the matter. Rav Avraham Glantzer of Antwerp comments on the ancient "Sorsi" language, mentioned in a previous issue.

The issue concludes as usual with a review of recent Judaica received by "HaMa'yan". It includes a lengthy overview of the current intense discussion between the inner circle of Rav Ovadiah Yosef Shlita, and those prominent rabbanim who oppose his approach.