The first volume of these responsa and letters called
Teshuvos Nishmas Chaim was published recently.
Many hundreds of letters covering a variety of public and
individual topics, halachic responsa, droshos,
writings and articles by Maran the Netziv of Volozhin
zt'l and his eldest son, HaRav Chaim Berlin
zt'l, are included in the first in a new series of
seforim. HaRav Chaim Berlin, who was also the grandson
of HaRav Chaim of Volozhin zt'l, served as a rav in
Moscow. Towards the end of his life he lived in
Yerushalayim.
Until recently most of these letters were only in manuscript
form except for a few found in out-of-print seforim.
HaRav Yaakov Kosovsky-Shachor (the son of HaRav Shaul
Kosovsky-Shachor zt'l, the author of Dvar
Shaul), and a descendant of the Netziv of Volozhin, who
published the fourth volume of Teshuvos Achiezer and
several volumes of letters from Maran HaRav Chaim Ozer
zt'l, has taken upon himself the task of editing and
arranging these teshuvos and letters of the Netziv and
HaRav Chaim Berlin.
The Teshuvos Nishmas Chaim by HaRav Chaim Berlin is
the first volume of this series. These teshuvos
encompass halachic queries based on all four parts of the
Shulchan Oruch and delve deeply into intricate topics
discussed in Shas and poskim. The second
volume, which will be printed in honor of HaRav Chaim
Berlin's ninetieth yahrtzeit will, be'ezras
Hashem, include articles and letters about strengthening
Torah and mitzvah observance. Immediately following this,
HaRav Yaakov Kosovsky-Shachor will publish several volumes of
other letters of the Netziv.
Like his renowned father, HaRav Chaim Berlin was a true
gaon, fully proficient in all treasures of the Torah.
He was also a tzaddik, famous for his burning love of
Torah, and a person who studied Torah with unbelievable
diligence. In his youth he was well known for his expertise
in both the Bavli and Yerushalmi Talmud
together with Rishonim and Acharonim. The
contents of the many thousands of seforim in his
extensive private library were engraved in his head and
heart.
HaRav Chaim Berlin served as rov in eminent cities of Russia
such as Moscow and Kobrin as well as in Elizavetgrad and for
a time replaced his father, the Netziv, as av beis din
of Volozhin. He took part in the historic decision to close
Volozhin Yeshiva so as not to capitulate to the government
decree to add secular studies to the yeshiva's curriculum.
The introduction of this new sefer cites the reasons
for his father's decision and their enduring significance.
At the sunset of his days HaRav Chaim Berlin immigrated to
Eretz Yisroel and lived in Yerushalayim where he was known as
the "Elder of the Rabbonim." Even in his old age he was
active in all communal activities, and concerned himself with
the welfare of the yeshivos and the city's chesed and
tzedokoh institutions. HaRav Chaim Berlin passed away
at the age of eighty-one on 13 Tishrei, 5673 (Sept. 24,
1912). He was eulogized in Jewish communities throughout the
world.
After his demise, a group of talmidim who had
immigrated to the USA decided to memorialize his name. HaRav
Moshe Meltzer zt'l established the Chaim Berlin
Yeshiva, then a cheder, located in Brownsville -- at
that time a flourishing Jewish neighborhood in Brooklyn.
Later in 5697/1937 HaRav Yitzchok Hutner zt'l, author
of the famed series of machshovoh seforim called
Pachad Yitzchok, founded the yeshiva and became its
rosh yeshiva, making Chaim Berlin Yeshiva the first
yeshiva in Brooklyn.
It grew to be one of the most eminent yeshivos in New York.
The many divisions of this multi-faceted institution are
currently housed in an array of buildings located on two
Brooklyn campuses in Flatbush and a summer campus in the
Catskills. The Brooklyn campuses house the Yeshiva Gedola
containing more than 350 talmidim, the Kollel Gur
Aryeh, the Yeshiva Ketana, the preschool division, and the
Mesivta High School. A beautiful campus in Har Nof,
Yerushalayim, serves as the location of the Pachad Yitzchok
complex with its Kollel Ohr Eliyahu and Yeshiva Zera
Yitzchok. At the yeshiva's Camp Morris, many boys have been
inspired to focus their hearts and minds towards a lifelong
commitment to Torah learning.
During the years of the yeshiva's existence thousands of its
talmidim have become roshei yeshiva, eminent
talmidei chachomim, leading community figures, and
yereim vesheleimim laymen.
This new work, Teshuvos Nishmas Chaim, which contains
two hundred responsa, will serve as an additional step in
keeping HaRav Chaim Berlin's memory alive. (It is of interest
to point out that in chapter 25, after explaining what the
Maharsha meant concerning a certain subject, HaRav Chaim
Berlin writes he is certain that after his petiroh the
Maharsha will greet him in appreciation for his accurate
explanation).
We wish to briefly mention a few interesting topics.
The first chapter deals with the she'eilah that arose
following the invention of the record player. Can Hashem's
sacred Name be recorded and later played? Other
halochos relevant to that topic are also examined.
In another chapter HaRav Chaim Berlin analyzes whether
someone can take part in a lottery drawn on Shabbos. Is
winning such a lottery considered schar Shabbos, as if
gaining money for working on Shabbos? He writes that some
people asked permission to print signs in his name
prohibiting it, "but I don't want to be one of those who set
decrees unless the prohibition will also come from other
rabbonim such as HaRav Sholom Mordechai Hacohen of Brezan.
Only if that is done can you add my name."
In several teshuvos he cites his father's opinion. For
example, in a responsum about Purim halochos he points
out: "I saw that my father was accustomed to fulfill the
mitzvah of matonos le'evyonim before he prayed
Shacharis, and that's how I would always act (so that
the poor will benefit from the money as early as
possible)."
In chapter eighteen we find testimony about the painful
reality of life in Russia that forced poskim to deal
with uncommon and strange questions. In that chapter he
writes: "It so happened in Moscow that a person was exiled to
Siberia on Shabbos because of some crime. I tried to delay
his being sent away until the next day but failed. I
therefore instructed that he should appoint sheluchim
on Shabbos to write, sign, and send a get for his wife
after Shabbos. I subsequently asked my father's opinion, and
I followed his rulings in arranging the get for his
wife to permit her to marry."
The author also discusses the unfortunate situation that many
of those who immigrated to the USA totally deserted Torah
observance. In chapter twenty he writes: "Concerning what you
asked about someone whose children in America are non-
observant but when the father lives there they honor him and
close their stores and factory on Shabbos, but should he
leave, they will open their businesses on Shabbos, if the
father is obliged to remain there although it is harmful for
his own Torah observance in order to save them from sin and
public chillul Shabbos. . ."
In a responsum dealing with appointing a rav to a certain
community he writes: "In addition, I don't believe that a
worthy talmid chochom and yorei Shomayim will
be found who will not fear the curse of Moshe that applies to
trespassing another's rights. It seems to me that they know
that when I visited there some fifteen years ago on the
occasion of the wedding of my niece, the daughter of Morenu
Yaakov Shapiro, the community heads entreated me to become
their rav and av beis din but I told them I wouldn't
accept without the agreement of the previous rabbonim in
order not to trespass their rights, chas vesholom."
In a teshuvoh dated 5652 (1892), after Volozhin
Yeshiva was closed, he apologizes for his belated reply that
was caused because of "my many troubles concerning the
yeshiva and the irritation it involves. I stayed in Vilna the
entire winter and the matter of the yeshiva caused me great
pain and acute annoyance. Because of our sins the work of the
Satan succeeded and our holy house and pride was destroyed.
The yeshiva was closed and the students dispersed to all
corners of the world. The Jewish community leaders and also
those wanting to assist the yeshiva in Vilna and Minsk
already gave up, not knowing what should be done."
In that year he traveled on a fundraising campaign to repay
the debts his father, the Netziv, owed for the previous
upkeep of the yeshiva. From a letter he wrote from Paris, we
see that during that trip, whenever he could find a spare
minute, he devoted his time to Torah study and to
chidushei Torah, completely engrossing himself in
it.
In the conclusion of a teshuvoh, HaRav Chaim Berlin
zt'l writes about a known historical episode--the
controversy about the Chassidic Movement. He clarifies that
the reasons given then for separating from Chassidus are
inapplicable today. "There is no reason not to pray in the
botei knesses of Chassidim. The Vilna Gaon's decree
was only for that time since then Chassidim belittled
talmidei chachomim. Today is different. At the present
time Chassidim honor those who study Torah and they are
yirei Hashem and observe Torah and mitzvos. It is
forbidden to deviate from their minhogim or the text
of their tefillah in public. In Kedushah that
is said aloud one should say Keser because of the
issur of lo sisgodedu and to prevent any feuds,
chas vesholom. But in the silent Shemoneh Esrei
you should not deviate from the custom of our fathers and
their minhogim and we should pray nusach
Ashkenaz."
