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Down The Rabbi Hole

Down The Rabbi Hole

By Elli Fischer

Deep dives into forgotten corners of Jewish culture and social, material, and intellectual history.
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The 8th of Teves and Chasam Sofer's Fascination with it

Down The Rabbi HoleDec 12, 2021

00:00
45:49
Picking up the Pieces: On the Oven of Akhnai

Picking up the Pieces: On the Oven of Akhnai

Some thoughts and ideas on the famous story of the Oven of Akhnai, which appears in tomorrow's Daf (Bava Metzia 59)
Apr 26, 202458:31
Some Thoughts on the Purim Story and Senator Lieberman zt"l

Some Thoughts on the Purim Story and Senator Lieberman zt"l

An idea developed by the Ketav Sofer on Megillat Esther resonates with something that appeared in Daf Yomi a few days ago and with the life and legacy of Senator Joe Lieberman.

The idea of the Ketav Sofer appears here: https://www.hebrewbooks.org/pdfpager.aspx?req=14083&pgnum=337

The idea that emerges on Bava Metzia 32b is here: Rashi s.v. אי אמרת https://shas.alhatorah.org/Full/Bava_Metzia/32b.9#e0n6

The link to Rabbi Ethan Tucker's eulogy for Senator Lieberman is here: https://www.youtube.com/live/_NTVjFB_FnU?si=8fu-kCINHVPhlHnc&t=5515

Apr 02, 202438:00
Radbaz vol. 1, no. 40 - Ransoming Captives
Dec 20, 202357:30
Krakenfruit (the Buddha's Hand Etrog)

Krakenfruit (the Buddha's Hand Etrog)

Two of the greatest rabbis of the Bavli Jewish community in recent centuries address the status of a new type of fruit that arrived from the Far East. Is it a kosher etrog?

The question is addressed in two responsa, one by R. Abdullah Somekh and one by his student, R. Yosef Hayyim, both of Baghdad.

Link to the responsum: https://www.hebrewbooks.org/pdfpager.aspx?req=32212&st=&pgnum=379



Sep 28, 202349:54
Public and Private Penance (Responsa Maharam Lublin)

Public and Private Penance (Responsa Maharam Lublin)

We generally think of confession and penance as either a private matter between a person and God, or as a matter between the perpetrator and victim of a wrong. But not that long ago there were forms of penance that were very public. What's the idea behind them, and what can they teach us about social healing today?

We will be studying and discussing a series of responsa by Maharam Lublin. Here is a link to the responsa: https://www.hebrewbooks.org/pdfpager.aspx?req=1937&pgnum=39

Sep 24, 202345:04
Book Journeys, Some Updates, and the Hoshanot Mosh Pit

Book Journeys, Some Updates, and the Hoshanot Mosh Pit

The episode begins with some updates. First, an introduction to the "Book Journey" that I will begin next week. Sign up link:
18forty.org/bookjourney/

This is an outgrowth of the 18forty podcast episode in which R. David Bashevkin and I discussed the vision and reality of a Jewish polity governed by Halakhah. Here's a link to the episode:
18forty.org/podcast/elli-fischer-can-israel-follow-jewish-law/

I was also a recent guest on two other podcasts. First, Rav David Silverstein and I discussed the nature of rabbinic authority on Yeshivat Orayta's "Tzarich Iyun" podcast:
open.spotify.com/episode/71aX8L9IA2j1QY78dOoGff?si=577b0ae9ed414716

Finally, a few months ago I was hosted by Darcy Walters for an episode of her "Desert Island Torah" podcast. Here's a link:
podcasters.spotify.com/pod/pod/show/desert-island-torah/episodes/Ep-81-with-Rav-Elli-Fischer-e23me3f

The responsum that we study in this episode was penned by R. Yisrael Isserlein, better known as the Terumat HaDeshen. We spend some time discussing when and where he lived, who his influences were, why his rulings are so influential, and what makes his Sefer Terumat HaDeshen so unique.
Then we go on to the teshuvah itself, which addresses an issue that is not-quite-halakhah. The setting is almost surreal: Person A allegedly used the crush of hoshanot in shul as cover to maim Person B while maintaining plausible deniability. This is an important matter of social and communal governance, but halakhic standards of evidence seem to set too high a bar to take any action. How did R. Isserlein resolve the matter?
Here's a link to the teshuvah in Sefariah, with my translation:
www.sefaria.org.il/Terumat_HaDeshen%2C_Part_II.210?lang=bi
Jun 28, 202358:49
Rabbi Shimon Bar Yochai, Part III: The Debate

Rabbi Shimon Bar Yochai, Part III: The Debate

On the conversation about Rome between Rashi, R. Yehuda, and R. Yosi
May 05, 202322:09
Rabbi Shimon Bar Yohai, Part II: The Return to Yavneh

Rabbi Shimon Bar Yohai, Part II: The Return to Yavneh

In this episode we look at several other passages from the Babylonian Talmud that oddly, anachronistically, and in contrast to sources from Eretz Yisrael, are set in Yavneh. We propose that the Bavli wanted to "bundle" these passages together so that we read them in light of one another. And what does that yield? That the Bavli envisioned the rabbinic leaders of that generation dealing with pressing theological and political issues that arose in the generation after the defeat of Bar Kokhba.

We look (again) at the institution of the fourth berakhah of Birkat Hamazon, the successive exiles of the Sanhedrin, and a discussion among the tanna'im about the causes of a terrible disease.

This sets the stage for the more famous discussion between Rabbi Shimon Bar Yohai and Rabbi Yehuda Bar Ilai concerning attitudes toward Rome.
May 02, 202333:50
Rabbi Shimon Bar Yohai and his Generation, Part I: The Debacle and the Challenge

Rabbi Shimon Bar Yohai and his Generation, Part I: The Debacle and the Challenge

Rabbi Shimon bar Yohai (Rashbi) is one of the most evocative figures in Jewish history. Not only is he one of the greatest tanna'im and a primary disciple of Rabbi Akiva, but he is credited with composing the Zohar during the thirteen years that he lived in a cave, hiding from the Romans.
In this series, we will look not only at the famous aggadot about Rabbi Shimon Bar Yohai from Shabbat 33b-34a, but at a series of passages from the Gemara that broaden the story into something much bigger.
Throughout the series, I will offer occasional historical and methodological points about the composition of the Gemara (specifically the Bavli) and how to learn it. We will make extensive use of parallel passages from elsewhere in Rabbinic literature in order to understand what the Bavli's editors are trying to teach when they reshape the materials they received into the stories before us. This is not a history series. We may occasionally discuss historical events, but the primary focus is to understand the Gemara itself.
In this first episode, we discuss the setting of the Rashbi stories: when and where Rashbi lived, who his contemporaries were, who his teachers and students were, and what momentous events transpired in his lifetime.
May 01, 202344:04
Chacham Tzvi vs. Chasam Sofer on Marror

Chacham Tzvi vs. Chasam Sofer on Marror

Some people use lettuce, and some use horseradish. But which is the "real" marror? Both? One or the other? In this episode we look at how two different sages, living a century apart, addressed this issue. It also gives us some insight into the personalities of these two great sages.


The texts that we will study can be found here:

Chacham Tzvi #120: https://www.sefaria.org.il/Chakham_Tzvi.120.1?lang=he

Chasam Soder, Orach Chaim 132: https://www.sefaria.org/Responsa_Chatam_Sofer%2C_Orach_Chayim.132.5?lang=he

חג כשר ושמח!

Apr 03, 202336:47
Counting a Golem for a Minyan: Two Responsa from a Father and Son

Counting a Golem for a Minyan: Two Responsa from a Father and Son

Hakham Zvi #93 and She'elat Yaavetz 2:82 address the question of whether a golem - an artificial human, a manmade man - may be counted for a minyan. This seems like a really strange question, but it actually gets to some of the major philosophical issues of the 18th century. If God is compared to a Divine Clockmaker, does that mean that humans are really sophisticated clocks? Can the process of creating humans be duplicated? What are the basic building blocks of creation? These questions and more underlie a superficially bizarre and arcane halakhic question.
Jan 29, 202349:32
Using Non-Jewish Names - a Close Reading of Rav Asher Weiss's Essay
Jan 13, 202358:38
Radbaz (1479-1573) on the Status of an Abyssinian Jew

Radbaz (1479-1573) on the Status of an Abyssinian Jew

Recently there has been a lot of discussion about the origins of the people of Israel and who are the "real" descendants of the tribes of Israel. In this episode, we look at a responsum from the 1500s that indirectly addresses questions about how we "know" who is a Jew or Israelite. The question of how we know things is crucial for understanding the history of Halakhah, but also for understanding the world we inhabit and the beliefs if the people who are shaping it. This responsum from 500 years ago therefore has a great deal of contemporary importance, on many levels.

Here's a link to the responsum we studied, with my English translation: https://www.sefaria.org/Teshuvot_HaRadbaz_Volume_4.1290.1?lang=bi

Here's a link to Radbaz's related responsum: https://he.wikisource.org/wiki/%D7%A9%D7%95%22%D7%AA_%D7%A8%D7%93%D7%91%22%D7%96/%D7%97%D7%9C%D7%A7_%D7%96/%D7%94

The letter of Eldad HaDani: http://www.daat.ac.il/daat/history/tkufot/eldad1-2.htm

Menasheh ben Israel on American tribes as lost Israelite tribes, early 1600s: https://archive.org/details/menassehbenisrae00manauoft/page/16/mode/2up?view=theater

Jan 04, 202301:04:32
Chavos Yair 222 on Women Reciting Kaddish
Dec 14, 202252:13
Names Matter: How Turkey became Kosher (and Corn became Kitniyot)

Names Matter: How Turkey became Kosher (and Corn became Kitniyot)

In honor of Thanksgiving, a short episode on why the great Jewish unconscious deemed turkey kosher (and Ashkenazim treated corn as kitniyot). Funny enough, it's the same reason
Nov 22, 202219:21
Yom Kippur and Collective Bargaining
Oct 04, 202236:23
The Invention of Elluuulllll, Part II

The Invention of Elluuulllll, Part II

Some more insights into how Elul became Elllluuuuullll, after some great listener feedback.
Sep 21, 202232:11
How Elul became Elllluuuuullll!!!!!

How Elul became Elllluuuuullll!!!!!

There's no doubt that Elul has a certain feel, a certain vibe. But if you look at classical sources, there's no mention of Elul being a time for introspection or repentance or, really, anything. How did it get to be the way it is?
Sep 12, 202228:50
Understanding the "Break" in Birkat Hamazon: A Halakhic, Aggadic, and Historical Journey

Understanding the "Break" in Birkat Hamazon: A Halakhic, Aggadic, and Historical Journey

Why do we answer אמן to our own recitation of the third berakhah of Birkat Hamazon? The answer is halakhic and has to do with the structuring of berakhot in series. Ashkenazim and Sephardim have slightly different approaches. But according to all, Birkat Hamazon doesn't really follow the rules. To understand what's going on behind the halakhah, we need to understand how the Sages imagined the history of Birkat Hamazon and how they viewed the fall of Betar in the year 135 - an event that we commemorate on Tisha B'Av as well as on Tu B'Av.
Aug 09, 202239:13
Bonus Episode with More Discussion of Yom Haatzma'ut Practices with Prof. Chaim Saiman

Bonus Episode with More Discussion of Yom Haatzma'ut Practices with Prof. Chaim Saiman

There was an entire section of our conversation that I forgot to publish. This was supposed to be part of the first episode with Prof. Saiman. I've added the recordings to that episode and also posted it as a "standalone" episode for people who already listened. 

Jun 03, 202211:07
Shlissel Challah, Reb Shayale, and the universalization of niche observances
Jun 02, 202222:33
The reception of Yom Ha'atzma'ut 'Halakhah'; the value of halfhearted observance; considering how customs develop - with Prof. Chaim Saiman

The reception of Yom Ha'atzma'ut 'Halakhah'; the value of halfhearted observance; considering how customs develop - with Prof. Chaim Saiman

In this episode, we look at the development of customs, nusach, and perhaps Halakhah more generally by looking at Yom Ha'atzma'ut observances, which are changing in real time. Includes a fascinating observation about a particular milestone in reception history of observances.
I am joined by Prof. Chaim Saiman, author of Halakhah: The Rabbinic Idea of Law, a professor at the Charles Widger School of Law at Villanova University, and a close friend of almost 30 years (!).
Jun 02, 202227:07
On the Origin of the Custom to Avoid Kitniyot; thoughts on Ha Lachma Anya, Yachatz, and Afikoman

On the Origin of the Custom to Avoid Kitniyot; thoughts on Ha Lachma Anya, Yachatz, and Afikoman

In this episode we delve into the murky origins of the Ashkenazic custom to avoid Pesach and offer what I think is the most compelling explanation. We also get into some other customs that originate in Medieval Ashkenaz. Finally, we offer some thoughts on the relationship between Ha Lachma Anya, Yachatz, and the Afikoman, concluding with some speculation on how this theory fits into the history of - yup, Medieval Ashkenaz.
Apr 19, 202237:46
Tattoos According to R. Chaim Kanievsky and... Lenny Bruce (lehavdil)?

Tattoos According to R. Chaim Kanievsky and... Lenny Bruce (lehavdil)?

In this episode we delve into R. Chaim Kanievsky's treatise on tattoos, called Patshegen HaKetav, as an example of how he thought, organized, and wrote. Along the way, we get a bit sidetracked by halakhic questions pertaining to tattoos and even suggest a "mekor" for the mistaken belief that someone with a tattoo cannot be buried in a Jewish cemetery.

Link to the first page of R. Chaim Kanievsky's Patshegen HaKetav: https://www.hebrewbooks.org/pdfpager.aspx?req=47701&st=&pgnum=58

Link to an article I wrote on tattoos 9 years ago: https://www.jta.org/2013/03/07/ny/the-tattoo-still-taboo

A blog post from 15 years ago in which I discuss the issue and present the responsum of Minhat Yitzhak: http://adderabbi.blogspot.com/2007/04/tattoos.html

Apr 04, 202252:52
On Rav Chaim Kanievsky zt"l and on the "New" Role of Sar HaTorah

On Rav Chaim Kanievsky zt"l and on the "New" Role of Sar HaTorah

On what made R. Chaim Kanievsky unique. And on the social leadership role that he held - or that was foisted upon him - in his later years.
Mar 19, 202236:19
Rav Melamed and Peninei Halakha 4: Responsa vs. Codes, Wholesale vs. Retail Halakha

Rav Melamed and Peninei Halakha 4: Responsa vs. Codes, Wholesale vs. Retail Halakha

In this final episode of the series on Peninei Halakha we get into the meat of the current controversy and its roots. We also discuss "wholesale" vs. "retail" Halakha and the importance of this distinction.
Mar 11, 202239:11
R Melamed and Peninei Halakha 3: Codes, Commentaries, and Responsa

R Melamed and Peninei Halakha 3: Codes, Commentaries, and Responsa

In this episode, I discuss three genres of halakhic writing: codes, commentaries ("nosei Kelim"), and responsa (teshuvot). Each genre has specific objectives and goals. After a discussion of commentaries, I begin the discussion of codes vs. responsa by looking at the rulings of Rav Melamed and Rav Asher Weiss on a particular issue, one that is the subject of much controversy. Through this we start to get a glimpse of why Rav Melamed has begun to face opposition.
Feb 18, 202249:09
Rav Melamed and Peninei Halakha II: R. Melamed's "Civilizational" Approach to Halakha

Rav Melamed and Peninei Halakha II: R. Melamed's "Civilizational" Approach to Halakha

For Rav Melamed, the Torah is the blueprint for an ideal Jewish society in Eretz Yisrael. The details of halakha fit into a broader vision of that ideal society, and sometimes seemingly disparate areas of halakha work together in surprising ways.
Feb 07, 202258:05
Rav Eliezer Melamed and Peninei Halakhah I: Introducing a Phenomenon

Rav Eliezer Melamed and Peninei Halakhah I: Introducing a Phenomenon

Rav Eliezer Melamed has recently been criticized harshly by leading rabbis from the right wing of Religious Zionism. This affords an opportunity to introduce Rav Melamed and his ongoing magnum opus, Peninei Halakha. In this first episode, I detail who he is, what the Peninei Halakha project is, and where it fits in the history of halakha. The upshot: His is the first successful reorganization of practical halakha in almost 700 years!
Feb 03, 202249:57
The Torah's Rhetoric/Punishment Gap on Sexual Transgression; Thoughts on Responses to Walder

The Torah's Rhetoric/Punishment Gap on Sexual Transgression; Thoughts on Responses to Walder

Episode 10: We discuss an interesting phenomenon: Sometimes, the punishment that the Torah prescribes for sexual transgressions are not commensurate with the rhetorical severity ascribed to those same transgressions. This tendency becomes even more pronounced in the Neviim and Chazal. I cannot provide a reason for this gap, but I find that it can justify our outrage even in cases where the Torah's prescribed punishment seems minor.
Jan 21, 202237:20
Down the Rabbinate Hole II: Halakhah and Hierarchy

Down the Rabbinate Hole II: Halakhah and Hierarchy

In this episode we describe the essential structure of halakhic authority as a social phenomenon (not as a matter of doctrine). We describe two models - the formal hierarchical model and the horizontally distributed model - and contend, elaborating on the view of Jacob Katz, that Halakhah operates according to a third model - an informal, emergent hierarchy. The implication of this model is that there is no such thing as articulation of Halakhah in a vacuum. Reception and acceptance by communities is an inherent element of what makes Halakhah.
Jan 02, 202241:37
Down the Rabbinate Hole I: Conversion in the State of Israel

Down the Rabbinate Hole I: Conversion in the State of Israel

Conversion and its regulation is a major political fight in Israel today. Who is right? What's the debate? In this episode, I begin to take a broader look at institutionalized religion in Israel and try to situate the conversion conundrum within that. We get into the nitty gritty of the Halakhah and address an important graphic feature of how the laws of conversion were codified. We take issue with an otherwise excellent book by Barry Wimpfheimer. We go on a tangent about Beit Hillel and Beit Shammai and some key differences between them. We discuss a bit about the founding of the Chief Rabbinate under the British. The key contention, though, is that attempts to fit Halakhah within a modern, bureaucratic, regulatory regime will inevitably result in the distortion of Halakhah.
Dec 30, 202156:25
Episode 7: A Little on Nittel

Episode 7: A Little on Nittel

On the origins of Jewish customs for "Nittel Nacht", or Christmas Eve. It's not the Chassidishe custom you thought it was. It actually originates somewhere else entirely... Some notes on this episode. Here's a thread I did last year on Twitter. You can see that here. It includes links to a source sheet and some nice pics/scans. https://twitter.com/Adderabbi/status/1342153328709545985?t=jKnOcnxM-N9NSxpmw552Kg&s=19
Dec 24, 202155:36
The 8th of Teves and Chasam Sofer's Fascination with it
Dec 12, 202145:49
Judaizers

Judaizers

Throughout Chanukah, we heard about Hellenizers, the Jews who took on elements of Greek culture. But what about Judaizers - non-Jews who are attracted to and take on elements of Jewish culture and religion? They have existed for thousands of years. Do we have a way of thinking about them?
Dec 05, 202137:46
Rav David Zvi Hoffmann, part 4 (and final)
Nov 28, 202131:26
Rav David Zvi Hoffmann, part 3

Rav David Zvi Hoffmann, part 3

Using Rav Hoffmann's introduction to Melamed Le-ho'il as a jumping off point, we discuss his life, work, unique combination of styles and methods, and important contributions to different areas of Torah. In this episode, we discuss a major turning point in R. Hoffmann's life: The death of R. Azriel Hildesheimer
Nov 21, 202131:48
Rav David Zvi Hoffmann, part 2

Rav David Zvi Hoffmann, part 2

Using Rav Hoffmann's introduction to Melamed Le-ho'il as a jumping off point, we continue our discussion of his life, work, unique combination of styles and methods, and important contributions to different areas of Torah.
Nov 14, 202128:45
Rav David Zvi Hoffmann, part 1

Rav David Zvi Hoffmann, part 1

Using Rav Hoffmann's introduction to Melamed Le-ho'il as a jumping off point, we discuss his life, work, unique combination of styles and methods, and important contributions to different areas of Torah.
Nov 07, 202127:37