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NEWS
First Publication!
The Gaon Said to Write a Prusbul Throughout the World

by Rav Stern

Even two hundred and four years after the Vilna Gaon passed away, we still meet new chiddushim of his. Lately a manuscript has been discovered, which was written by someone very close to the Gaon namely, HaRav Mordechai Epstein zt"l, the son of the famous Rav Arye Leib zt"l, the baal Hapardes. It contains more than seventy items which he heard from the Gaon.

Twenty-nine shmittos and more than four yovelos have passed since the Gaon passed away, but until now we have had no rulings in his name on the topic of making a prusbul in chutz lo'oretz. Now, towards the end of this shmittah year, the time when the obligation arises to make a prusbul, we have been granted some indication of the Gaon's opinion, even though many questions remain unanswered. The manuscript's author mentions that he has in his possession the text of a prusbul drawn up by the Gaon.

We need not stress how important is the discovery of any morsel of information from the Gaon, since myriads of halochos are derived form each syllable, as Rav Chaim Volozhiner wrote in a letter in 5563 (1803): "The great and holy Rov was proficient in the whole Torah, and his rulings were clear beyond any doubt on Mishna, Shas Bavli, Yerushalmi, Mechilta, Sifra, Sifri, Tosefta, Midroshim, Zohar, and all the works of the Tannaim and Amoroim in our possession. He had the merit of making rulings on cases in all of these and of making chiddushim on myriads of halochos, aggados and secrets of the Torah etc."

Also well-known is the following frightening statement of the Chazon Ish: "We relate to the Vilna Gaon as being on par with Moshe Rabbenu o"'h, Ezra o"h, Rabbeinu Hakodosh, Rav Ashi, and the Rambam. The Vilna Gaon, through whom Torah was revealed, was holy and predestined to illuminate what had been unclear until he came and claimed his portion, and his Torah is considered like that of one of the Rishonim."

The poskim have dwelt at length on the question of the obligation of shemittas kesofim in chutz lo'oretz. Some, such as the Sefer Haterumos in the name of a Teshuvas Harazohhold that Chazal only ruled that shemittas kesofim was to apply in Eretz Yisroel and not in chutz lo'oretz. According to this opinion it does not apply in chutz lo'oretz even miderabonon.

However some of them, as it says in Mogen Ovos by the Meiri, state that it is middas chassidus to be mashmit kesofim even in chutz lo'oretz. In Terumas Hadeshen (304) he even wants to distinguish between countries close to Eretz Yisroel such as Bovel and Egypt, and other countries.

However the poskim have ruled ledina that shemittas kesofim applies everywhere in the world. See Shulchan Oruch, Ch. M. 67:1, the Remo (ibid.), in the name of the Terumas Hadeshen, the Maharik, and Shut Rashbash (388). See also the Rosh in his responsa who struggles to find reasons why people were lenient about this in chutz lo'oretz, and see at length in Derech Emunoh by HaRav Chaim Kanievsky Hilchos Shmittah Veyovel, chapter 9, and in Shemittas Kesofim Kehilchoso by HaRav Shmuel Eliezer Stern.

The Vilna Gaon on Choshen Mishpot 67:4-5 cites opinions that there is no difference between Eretz Yisroel and chutz lo'oretz, as it says in Kiddushin 38b and Gittin 37b. He also quotes the Yerushalmi there at length on the last perek of Shevi'is about post- Beis Hamikdosh times, "This is proof that prusbul is min haTorah."

In most communities in chutz lo'oretz it was not customary at all to make a prusbul. Although the Noda Biyehudoh, the Chasam Sofer and others did make one, they did not rule that the masses should do so too. However, the Chayei Odom writes in Shaarei Zedek that in Vilna they had the custom of writing a prusbul, and he mentions years where they did so which were in the lifetime of the Gaon, although he does not mention him explicitly.

Until now we have had no clear authority as to the Gaon's opinion and practical ruling on this matter. Now besiyato diShmayo we have had the good fortune of obtaining this manuscript from a pure source. Rav Yom Tov Lipman Stern, who has already put out other works from the Gaon, including Likutei Hagro Moadim is currently working on the publication of this manuscript.

The manuscript's author, HaRav Mordechai Epstein, who spent a lot of time studying under the Gaon, wrote down more than seventy statements and sayings he heard from his rov. He first had the merit of studying under the Gaon in 5551 (1791).

His father, the baal Hapardes, was one of the Gaon's greatest talmidim. Proof of this is the fact that of the three haskomos given by the Gaon, two of them were given to seforim by this talmid, HaRav Arye Leib: 1] Halocho Acharono -- Vekunteres Hora'ayos, which received a haskomo in 5519 (1759) when the Gaon was 39 years old. 2] The siddur Or Hashonim printed in 5525 (1765). The whole manuscript consists of mussar and aggadeta on "pardes" and is divided up into topics according to the alef beis. There are almost 150 wonderful topics and entries spread out over more than three hundred pages in the manuscript, some of which are, unfortunately, difficult to read because of the state of the manuscript.

Remarkably enough, the only halachic matter discussed there is on the topic of making a prusbul in chutz lo'oretz. The notes appear at the end of this article.:

"I saw in practice that the Gaon, the chossid of our community, warns all those who listen to him to write a prusbul even bizman hazeh (Note 1) when shemittas kesofim is derabonon(Note 2). I have the text written down (Note 3). See also the Rosh at the beginning of Makkos on the Mishna Mei'idin Onu where he brings from [the sugya Mikan ve'ad esser shonim] from the whole of Shas that the halocho is like the first loshon, that shevi'is is meshamet(Note 4). The Rivo brings from the loshon of the posuk a wonderful hint in that it says, `He that gets riches, and not by right, in the midst of his days he shall leave them.'

"Although the halocho here is like Rabbenu Tam, as it says in Choshen Mishpot 67, still, the halocho cannot deviate from the Rivo's principle (Note 5)."

We are very grateful to the publisher of this manuscript who has opened up his treasures for the benefit of the public.

In this context we shall cite the words of HaRav Yitzchok Kahane, the talmid of HaRav Yitzchok Eisik Chover zt"l who writes in the introduction to his sefer, Toldos Yitzchok Vol.2, printed in Yerushalayim in 5644 (1884) about those who do not publish manuscripts of the Vilna Gaon: "We have to protest vehemently against anybody who has in his possession any holy manuscripts of the Vilna Gaon zt"l or even a copy from somewhere and does not print it, either by himself or through someone else. Alternatively, the person should give it to someone who is an expert on the Gaon in order to reveal its light to the world. By failing to do any of these, he is literally extinguishing the light of the world, since these words would illuminate the whole world with the honored Torah of the Vilna Gaon zt"l. About such a person Chazal say, `Anyone who prevents a halocho from [reaching a] talmid even the fetuses in their mothers' wombs curse him . . .'

"And so how fitting it would be for anyone who is fortunate to have in his possession any writings of the Gaon to publish them in order to honor the Gaon. His action would illuminate the whole world, and then he would not bring on himself the above curse of the fetuses . . . whoever shall obey this will be rewarded, and may he be showered with blessings."

We are grateful to Rav Shmuel Eliezer Stern, dayan in Rav Wosner's beis din and rov of Western Bnei Brak who authored Shemittas Kesofim Kehilchoso for the following Notes on the text of the manuscript:

(1) See the hagoho of the Gaon on Shulchan Oruch, Ch. M. 67:3.

(2) Which applies bizman haze even in chutz lo'oretz. This is discussed at length in Ch. M. 67:4.

(3) See Shnos Eliyohu 10:4 about the text of a prusbul.

(4) This is the opinion of the Rivo and of Rabbenu Eliyohu, the Baal Ha'aszhoros, but lahalocho we hold like Rabbenu Tam, and see the Beurei Hagro (ibid. 67:24)

(5) What he means is not sufficiently clear.

 

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