Haholchim B'Torat HaShem
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Jewish Folklore Part 10
Haholchim B'Torat HaShem
Thursday December 21 2017, 2:01 PM

Rabbi Yechiel Michel Epstein (1829-1908) was a man of great learning and integrity, with the ability to bridge chasms that appeared unbridgeable. Although the animosity against Hassidism and Hassidim that dated back to the Eighteenth century had ceased being violent, the hatred and suspicion were still very much there (and still are to a large degree, although rarely spoken about publicly). Rabbi Epstein grew up among the opponents of Hassidism. His brother in law was the head of the great Yeshivah of Volozhin, the bastion of Lithuanian learning based on the teachings of the Vilna Gaon. Yet, for most of his life, he was the rabbi of predominantly Hassidic communities, even receiving ordination from Tzemach Tzedek (Rabbi Menachem Mendel Schneersohn, the third Rebbe of Chabad). His approach to halachah was unique for his time and place. When a question arose, it is to be assumed to be permissible, unless an obvious reason to declare it forbidden is present. Most of his contemporaries would give a knee jerk response of "no" to new situations, searching only afterwards for justification for the "prohibition". In matters of dispute between Hassidim and their opponents, he would analyse each question objectively, often siding with the Hassidim, but just as often with their opponents. He quotes freely from rabbis of both streams, staying remarkable objective. The last decades of his life were dedicated to his magnum opus, the Aruch HaShulchan. On the surface, it appears to be merely an update to the Shulchan Aruch (16th century), including later opinions. However, this is far from the case. Following the order of the Shulchan Aruch, he approaches every topic first chronologically. He begins with quotes from the Torah (where applicable), follows with Talmudic and related sources, analyzes the discussions of the Rishonim (Early Authorities; roughly between 1,000 and 1500 ce), followed by decisions of the Acharonim (Later Authorities, from about 1500 onward). So far, so good. But then he does something else. He analyzes the various opinions for their logic and their faithfulness to earlier sources. If there seems to be a "disconnect", how and why did it happen? A faulty text? A possibly invalid local tradition? He is always respectful of his predecessors, but that doesn't stop him from rejecting views that seem inappropriate. His final decisions often differ sharply with what had been accepted practice.Many accepted his rulings, many did not. Nevertheless, one could look at the Aruch HaShulchan, and understand the development of each halachah, and even customs, from a perspective of over three thousand years. Prior to the Aruch HaShulchan, one would have needed an entire library for this kind of understanding. To the extent that Sepharadic works in halachah were available to him, he included their opinions in his work. Many Yeshivot accepted this great masterpiece as their primary "go to" work for halachah. (It must be remembered that in traditional Lithuanian Yeshivot, the curriculum centered around analysis of Talmud, not practical halachah). Now, each halachic issue could be seen in its historical perspective, with both major and minor halachic sources carefully referenced and analyzed. In the U.S., the Aruch HaShulchan was THE accepted halachic work, until the 1950s. What changed? Judaism, particularly in America, was under attack. American Reform was generally unconcerned with halachah. The Conservative Movement, not yet separate from Orthodoxy, was questioning many traditional concepts and practices. Hassidism was still seen as a threat by many prominent rabbis. Most American Jews had arrived from Ukraine and Poland in the early twentieth century. Although there was little organized Hassidism in America before the 1950s, Hassidic ideas and practices were part and parcel of the Jewishness of these communities. Lithuanian rabbis regarded this as a danger to the integrity of the Judaism they followed and considered the only valid one. There was felt a need to "circle the wagons" The willingness of Aruch HaShulcah to consider innovation, might play into the hands of the Conservatives, while his conciliatory approach to Hassidism could open the doors to other threats to what the Lithuanians regarded as authentic tradition.Another work was sought, and found. It was seen as a solution to outside challenges. iI is known as the Mishnah Berurah. To be discussed next time.