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IN-DEPTH FEATURES
`All is dependent on mazel, even a sefer Torah
in the ark,' goes the famous maxim from the Zohar.
Interestingly, this applies even to the actual study of
Torah.
The Oral Law has always been the main subject of study in
yeshivos. This is an obvious necessity as it comprises the
greater part of Torah [Gittin 60b, see Beer Sheva
quoted in Gilyon Hashas]. The Oral Torah includes the
teaching of the tanoim in the Mishnayos and
Beraissos, and later expounded upon by the amoraim
in Talmud Bavli and Talmud Yerushalmi. The
lion's share of study in yeshivos is the Talmud Bavli
with its commentaries, mishna and its commentaries
and halachic works. There is an almost total neglect of the
Tosefta, halachic midroshim and, to a lesser
extent, the Talmud Yerushalmi. This lack of balance is
compounded by the fact that the gemora and mishna
were zoche to popular and easily accessible
commentaries.
The 56th century (5500-5600, 1740-1840) witnessed tremendous
progress in Jewish learning. In Vilna, the Gaon single-
handedly influenced the nature of and the approach to
learning until our day. The Talmud Yerushalmi was made
accessible by two great commentaries, which have become the
standard companions of anyone studying it.
Another, but less known, phenomenon during this period was
the composition of two major commentaries on the Tosefta,
the Chasdei Dovid by Rabbi David Pardo, the
Italian- born gaon of Sarajewo, and the Toledos
Yitzchok Meiras Einayim, the subject of this review.
The Chasdei Dovid was published in Leghorn (Zeroim, Moed,
Noshim 5536 (1776), Nezikin 5550 (1790)) and
Jerusalem (Kodshim 5650 (1890), Taharos 5730-
5737 (1970-1977)). Rabbi David Pardo was already a well-known
personality during his own lifetime. His fame is assured by
his wonderful commentaries on the Sifrei, on the
Mishna and many other impressive seforim. He
was an in-law of Rabbeinu HaChido, who quotes him often in
his writings.
In contrast, the author of the other peirush, Rabbi
Yitzchok Itzak Halevi of Lemgo, is an almost totally unknown
personality. Until the last year of his life he did not
function as a rabbi of a community and held no public
position. He was totally and completely immersed in the four
cubits of halacha, to the exclusion of all else. From
the scant biographical details gleaned from a few comments
made by pupils and contemporaries emerges a very impressive
personality.
Rabbi Yitzchok was born in 5509 (1749) in Lemgo, a small town
in northwestern Germany. When he was still very young, his
family moved to Amsterdam. Apparently, he obtained his main
education in the famed beis hamedrash Eitz Chaim.
The Social Background in Amsterdam
The Ashkenazi kehilla of Amsterdam was founded in 5396
(1636) by German Jews. The Sephardic kehilla was
thirty- nine years older, having been founded in 5357 (1597)
by refugees from Spain and Portugal.
In 1648-49 (5408-9) a number of refugees from Poland and
Lithuania arrived, survivors of the Chmielnicki massacres. In
1655 (5415), several boatloads of Jews arrived from Vilna and
elsewhere in Lithuania, fleeing a combined Russian and
Cossack invasion. Some of these later returned to Lithuania.
In 5431 (1671) the Ashkenazic community built a grand
shul in Amsterdam. Two years later all the Ashkenazim
united to form a single community.
R' Yitzchok's family arrived more than half a century later.
As he excelled in his studies R' Yitzchok was elected as one
of the full-time lomdim of the Beis Hamedrash,
a coveted position which provided ample scope for
development in Torah study. These lomdim were
supported by the Kehilla and had to maintain a
grueling schedule of learning and teaching as set out by the
stipulations of the Beis Hamedrash.
In a sidebar, we reproduce the regulations for those learning
in the Beis Hamedrash. The program was founded in 5515
(1745) and included three groups that were differentiated by
the requirements they were expected to fulfill and the amount
of financial support they received. The top group included
five lomdim, who were expected to learn all day and
much of the night and to give shiurim as well (see the
sidebar). This group received four hundred gold coins yearly.
The second group included four lomdim who received two
hundred gold coins. A third group received a hundred gold
coins a year.
In this position he labored for twenty-six years on his
extensive peirush on the Tosefta. The
manuscript of his commentary, an autograph consisting of
hundreds of oversized pages and covering thirty tractates of
the Tosefta, survived many travels and is now
deposited in the Rosenthaliana University Library in
Amsterdam. (Recent press reports claimed that this collection
was being closed, but a spokesman for the collection denied
these claims.)
The conditions in the Ashkenazic Beis Hamedrash at
that time were extremely conducive to produce a commentary
that, without any exaggeration whatsoever, may be termed
monumental. Most of the seforim available at that time
were at the disposal of the lomdim, either in the
library of the Beis Hamedrash or in the nearby, very
well-stocked, library of the Sephardic community. The Lemgo
Rabbi made use of all this wealth of Torah literature in his
work.
The lomdim were also engaged in harbotzas Torah
on the highest level. The Torah interaction between
teachers and students and among the lomdim themselves,
each of whom was a chosen formidable scholar in his own
right, added an important dimension to this intellectual
environment.
At the time, Amsterdam generally enjoyed a very preeminent
economic and commercial status; this also contributed to the
success of the lomdim. The busy port assured business
and cultural links with all parts of the known world.
Many talmidei chachomim came to Amsterdam to print
their seforim. There they successfully solicited funds
from the wealthy communal leaders to print their seforim
and availed themselves of the world renowned printing
presses of Amsterdam. This often necessitated a prolonged
stay in the city and led to an exchange of thoughts and ideas
between them and the local talmidei chachomim.
In addition to all these advantages, the lomdim of the
Beis Medrash were relieved of any financial worries.
Understandably, in this favorable climate a work of the
magnitude of the commentary Toledos Yitzchok Meiras
Einayim on the entire Tosefta could be attempted
and successfully concluded.
Publishing the Commentary
The extant manuscript, contained in three volumes, comprises
1,395 closely-written folio pages. None of this was published
during the author's lifetime. The Rabbi from Lemgo died
childless at the age of 52, a mere year after he became the
Chief Rabbi of Groningen in Northeastern Holland, not far
from Germany.
After his passing, an effort was made to publish the entire
work. One of his talmidim, R. Avrohom Prins, an
extraordinary personality and an influential lay leader of
the Jewish community of Amsterdam, published a sample of the
commentary Toledos Yitzchok on Tosefta Yoma,
including it in his oft-published Likkutei Zvi in
5569 (1809). He hoped to obtain subscribers to support the
subsequent printing of the entire commentary.
In his introduction, R. Avrohom refers to his rebbe in terms
of great respect and effusive praise. Both he and Rabbi
Yaakov Moshe, then Chief Rabbi of Amsterdam, point out the
author's great chassidus and perishus, and his
unusual hasmodoh beTorah, saying of him that he hardly
slept fully all his life.
As far as we know, these efforts at publication bore no
fruits.
One hundred and fifty years went by and nothing was heard or
known, neither of the Rabbi from Lemgo nor of his commentary
on the Tosefta. In 5725 (1965), Joseph Onderwyzer, son
of the former Chief Rabbi of Amsterdam (known for his
meticulous translation of the Chumash and Rashi into
Dutch), published a book, named Mavoch (Labyrinth in
English), in which he describes his efforts to locate the
manuscript after learning by chance of its existence. He then
alerted contemporary Tosefta scholars of his discovery
and tried to mobilize support for its publication. Alas, to
no avail.
In 5729 (1969), a portion of the commentary, that of
Tosefta Horayos, was published by Rabbi Genechovski as
part of his Otzar Haperushim on Horayos.
And yet again, nothing happened for several decades. It is
therefore a joyful moment for all who love Torah and
chochmoh to see that Machon Ofeq has undertaken the
arduous task of publishing the Tosefta commentary,
Toledos Yitzchok. At present, they have presented us
with an outstanding volume containing the Tosefta Megilla
according to the first print with variants from
manuscripts and the Toledos Yitzchok commentary,
edited by Rabbi Avraham Shoshana, with a scholarly
introduction about the author's life and times and his
commentary to the Tosefta, source notes, explanations
and a very useful subject index.
The Commentary Itself
This leaves us just to say a few words about the nature of
the peirush. Anyone who has learned a bit of Rabbi
Yitzchok's commentary cannot help being impressed by his
total command of both Talmudim, Tanaitic literature
and Rishonim and Acharonim. His penetrating
insights have amazed scholars. The author of Tosefta
Kepshuta was moved to write that the author did not leave
anything untouched, neither great nor small.
The publication of this peirush will enable many to
familiarize themselves with the meaning of the Tosefta.
It will hence be another stop in the realization of the
prophetic ideal that "the earth shall be full of knowledge of
Hashem as the water covers the sea bed."
* * *
Even a cursory glance at the peirush will reveal that
we are dealing with a very special commentary. The author is
alert to the fine nuances of language employed by the
Tosefta and addresses them in his explanations.
However, it is not just a commentary of the Tosefta in
a narrow sense of the word. The peirush is a rich
repository of explanations of the related sections in the
Bavli, the Yerushalmi and the ideas of
Rishonim on those sections and their relationship with
each other and the Tosefta. In this context the author
brings his vast erudition to bear. He makes use of most of
the known rabbinic literature extant at his time and displays
himself as the master of the most recondite references.
Already at the immediate beginning, Rabbi Yitzchok finds it
necessary to explain the reason of the Rambam and SMaG for
omitting the law of cities which have been walled only after
being settled.
A few pages on, the author discusses the different opinions
between Rabbi Yehoshua ben Korcha and R. Yose berabbi Yehuda
regarding walled cities, illuminating a passage of the
Yerushalmi as he goes along. In this context it might
have been useful had the editors directed us to the
interesting insight of Tzofnath Panei'ach [Megilloh
1:4] on this topic.
In short, the author deals with inferences in Rambam,
commentaries on the Rambam, the Shulchan Oruch and its
interpretations, other Rishonim who discuss the topic,
but above all, he sheds light on many obscure passages of the
Yerushalmi.
It is evident that the author experienced unusual siyata
deShmaya whilst writing this great commentary. It is
heartening to note that this extraordinary assistance did not
leave the author even now. This may be seen from the fact
that it was left to Machon Ofeq to publish his work.
The Machon is already well-known in the olam Hatorah
for its masterly renditions of other great works. It has
introduced to us some very great, previously almost unknown,
luminaries. Once again the Institute has not disappointed.
The edition contains the actual text of the Tosefta,
making the commentary far easier to use. Throughout the
masechta the commentary is accompanied by incisive,
erudite and superb notes which open for the lamdan a
whole world of cognate literature.
Another feature which makes the explanations of the author
far more accessible is the fact that every section is
preceded by a lucid caption, which succinctly gives the
essence of the point under discussion. The elaborate index
completes this work into a serious reference work on
Talmud Yerushalmi, Rambam, Shulchan Oruch and
Rishonim.
All the sections of the work, Tosefta commentary and
"apparatus criticus," have been printed in a pleasant type
which is easy on the eye. The olam Hatorah is
certainly very much enriched by this publication. May Machon
Ofeq continue this momentous undertaking and publish this
great commentary until its completion for the glory of Torah
and its learners.
We have a copy of the regulations that bound the
lomdim, including HaRav Yitzchok Lemgo. We reproduce
here a translation of those regulations.
One
During the summer semester, which lasts from Rosh Chodesh
Iyar until Rosh Chodesh Marcheshvon, immediately
upon the termination of prayers in the beis haknesses,
two of us are obliged to come to the beis hamedrash
and learn until nine o'clock (when the other three arrive to
learn). The two can then go home but they must return at ten
o'clock, except on a day when they were awake during the
night; then they are exempt from coming until ten o'clock.
Two
From ten o'clock until twelve, we are obliged to conduct a
shiur on the works of the early poskim,
together with all those who learn in the beis
hamedrash. If the gaon, the Av Beis Din and
Rosh Mesivta is not in the beis hamedrash
(meaning that we should wait for him until half past ten and
no later), one of the lomdim should deliver the
shiur. A different person should deliver the
shiur each day, repeating the cycle [once everyone has
taken a turn]. Whoever does not deliver the shiur when
it is his turn to do so, shall pay a fine of one gold coin.
The lecturer must study the material on his own before he
speaks in public.
Three
From twelve o'clock until one, we must conduct a shiur
together on the works of the later poskim. Every
week a different person shall deliver the shiur,
rotating the task. Following the learning, the lecturer shall
say the Ribbon from [the prayer for] the mention of
the soul of the departed Rabbi Avrohom ben Shimon Falk
z'l, in accordance with his testament, followed by
Kaddish Derabonon. Then they may go home until three
o'clock.
Four
At three o'clock they must return to the beis
hamedrash and can learn whatever they desire by
themselves, or with the bochurim who are there, until
five o'clock. From five o'clock until minchah time,
they must conduct a gemora shiur together. The
lecturer shall be chosen by drawing lots. If the person upon
whom the lot falls does not deliver the shiur, he
shall pay a fine of one gold coin. Following minchah,
they can learn whatever they desire until some time before
ma'ariv . . .
One
During the summer semester . . . we must come to the beis
hamedrash at nine o'clock and conduct a shiur in
mishnayos together until ten o'clock. In the winter,
lasting from Rosh Chodesh Marcheshvon until Rosh
Chodesh Iyar, [we must arrive] at half past nine and also
conduct a shiur in mishnayos until ten o'clock.
Each week, someone else will take a turn to deliver the
shiur, repeating the cycle. Following the learning,
the lecturer shall say the Ribbon from [the prayer
for] the mention of the soul of the departed Rabbi Avrohom
ben Shimon Falk z'l. in accordance with his
testament.
Two
From ten o'clock until twelve, we are obliged to conduct a
shiur on the works of the early poskim,
together with all those who learn in the beis
hamedrash . . . [conditions as above, para.two]
Three
During the summer semester, we must be in the beis
hamedrash from five o'clock until minchah time,
conducting a gemora shiur together. The lecturer shall
be chosen by lots . . . In the winter, we must come
immediately following ma'ariv, and learn as above.
Four
On yom shishi, erev Shabbos kodesh, we must come to
the beis hamedrash at half past nine and conduct a
shiur in mishnayos until ten o'clock. Both
summer and winter shall be the same in this respect. From ten
until twelve, we can learn whatever we desire in the beis
hamedrash. If however, bochurim who learn Torah
come during this time, we are obliged to listen to their
learning properly.
Five
Whoever does not keep to these times and arrives at the
beis hamedrash late or leaves early, during either
summer or winter, shall pay a fine of one shilling. If he
arrives late or leaves early by a whole hour, he shall pay a
two shilling fine. If he doesn't come at all one day, he
shall pay a fine of a gold coin, unless he was prevented from
coming by some clear and obvious circumstance, on the
condition that he informs that week's mashgiach of his
circumstances on the same day. On Purim and erev Yom
Tov, they are completely exempt from attending the
beis hamedrash.
Six
We are obliged to remain awake learning in the beis
hamedrash during the summer on motzei Shabbosos
from ten p.m. until four a.m., and in the winter from eight
p.m. until one a.m., except for days when Tachanun is
not said, namely on Chanukah and Purim and during Chol
Hamoed, [when] they are exempt for that whole week. On
other days when Tachanun is not said, they are exempt
on that night but they must make up for the missed night by
learning on a different night during the preceding or the
following week, in addition to any night on which they are
anyway obliged [to come to the beis hamedrash]. If a
fast day falls on yom rishon, they do not need to come
on motzei Shabbos kodesh and should learn instead on a
different night, as above.
Seven
Anyone who is unable to remain awake on motzei Shabbos
kodesh must appoint one of those who learn in the beis
hamedrash, whose time for remaining awake is on leil
chamishi, [to come] in his place. In return, he must be
awake in place of his friend on leil chamishi. Someone
who does not come on motzei Shabbos kodesh and does
not appoint someone to take his place, shall pay a fine of
one gold coin. Similarly, if he doesn't come on leil
chamishi instead of the person who took his place on
motzei Shabbos kodesh, even if the one who took his
place is also in the beis hamedrash [anyway, that
leil chamishi,] he shall pay a fine of one gold coin.
All this applies unless there is some clear and obvious
reason compelling him to stay away, as above.
Eight
We have also obliged ourselves to refrain from belittling
each other with quarrelsome and scornful talk and
particularly, to refrain from mocking any of our brethren,
either in the beis hamedrash or outside it. If anyone
has a complaint of such behavior on the part of someone else,
he shall present his complaint to the weekly mashgiach
and if it is found that someone disgraced his friend
unjustly, he will be punished as the leaders of the beis
hamedrash see fit. We have also taken upon ourselves to
refrain from presenting any complaint of derisive behavior to
anyone other than the weekly mashgiach, not even to
the other leaders of the beis hamedrash, except for
when the leaders are conducting a meeting.
If one of the supporters of the chevra is chas
vesholom absent, whether with regard to the learning for
thirty days or going to the beis hakevoros, we are
obliged to act in the way set out in the regulations of the
beis hamedrash . . .
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