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.
