Tag: Rav Yehuda Hachasid

In a previous article, we discussed the writings of Rav Yehudah Hachassid, who prohibited or advised against many potential marriages that are otherwise perfectly acceptable according to halachah. But first some background on the chassidei Ashkenaz.

Who was Rav Shmuel Hachassid?

Rav Yehudah Hachassid’s father, known as Rav Shmuel Hachassid, was a very righteous individual who was a great mekubal, one of the baalei Tosafos, and a highly-respected leader of twelfth century Ashkenazic Jewry. Because of his great levels of righteousness, Rav Shmuel Hachassid was also sometimes called Rav Shmuel Hakadosh or Rav Shmuel Hanavi.

Rav Shmuel Hachassid was born in Speyer, one of the bastions of Torah that then existed on the banks of the Rhine River. (People whose family name is Shapiro and its various pronunciations and spellings are probably descended from someone who lived in Speyer; you might be progeny of either Rav Shmuel or Rav Yehudah Hachassid.) Rav Shmuel was the rabbinic leader of the community in Speyer and the head of a yeshivah. He was also the repository of much kabbalistic knowledge, both oral and written, that had been handed down from the generations of great Ashkenazic leaders before him, including many great baalei kabbalah. He became the recognized leader of a scholarly movement whose members were called the Chassidei Ashkenaz, individuals who lived their lives in an other-worldly existence, devoted exclusively to Torah and growth in yiras shamayim. The lengthy Shir Hayichud, recited in many congregations in its entirety after davening on Kol Nidrei evening, is attributed to Rav Shmuel Hachassid.

One of Rav Shmuel’s sons was Rav Yehudah Hachassid, who was born in approximately 4910 (1150). Rav Yehudah Hachassid is also one of the baalei Tosafos, and is quoted several times in the Tosafos printed in the margins of our Gemara (for example, Tosafos, Bava Metzia 5b, s.v. Dechashid; Kesuvos 18b, s.v. Uvekulei). Rav Yehudah Hachassid’s students included a number of famous rishonim who are themselves baalei Tosafos, such as Rav Yitzchok Or Zarua, Rav Elazar ben Rav Yehudah (the Rokeach), Rav Moshe of Coucy (the Semag), and Rav Baruch ben Rav Yitzchok (the Sefer Haterumah).

Rav Yehudah Hachassid also continued his father’s role as the head of the Chassidei Ashkenaz. He followed what we would consider an ascetic relationship to this world. For example, he fasted all day the entire week, eating only in the evenings. His disciple, the Or Zarua, records that Rav Yehudah Hachassid, fasted two days Yom Kippur (Hilchos Yom Kippur, end of #281).

Rav Yehudah Hachassid also authored works on kabbalah and is commonly attributed as the author of the poem Anim Zemiros, sung in many shullen at the end of Shabbos davening. He was also the source of works that can be easily read by the layman, two of which, the Sefer Chassidim and the Tzavaas [the ethical will of] Rav Yehudah Hachassid, are the subjects of today’s article. The Sefer Chassidim includes halacha, minhag, mussar, and commentary on tefillah. This work is mentioned numerous times by the later halachic authorities, as are many of the instructions in his tzavaah. As we will soon discuss, there is some question as to whether he actually wrote the tzavaah or whether he transmitted its content orally and it was recorded by his children or disciples. Rav Yehudah Hachassid graduated to olam haba on Taanis Esther, 4977 (1217), in Regensburg, Germany.

The tzavaah of Rav Yehudah Hachassid

In his ethical will, Rav Yehudah Hachassid prohibits and/or advises against a vast array of practices for which he is the earliest, and sometimes the only, halachic source. Why did Rav Yehudah Hachassid prohibit these actions? Although we are not certain, because he offered no explanation, many later authorities assume that, in most instances, these were practices that Rav Yehudah Hachassid realized are dangerous because of kabbalistic reasons. Rav Shneur Zalman of Liadi (the first Lubavitcher Rebbe, author of Shulchan Aruch Harav and Tanya) is quoted as having said that to understand one of Rav Yehudah Hachassid’s statements in his tzava’ah would require a work the size of the Shelah, a classic of halachah, kabbalah and musar that is hundreds of pages long.

Reasons for the injunctions

Although the considerations behind Rav Yehudah Hachassid’s rulings have been lost to us, several Acharonim proposed various reasons for one of his rulings, that a chosson and his father-in-law or a kallah and her mother-in-law should not share the same given name:

1) Some Acharonim maintain that the prohibitions are in order to avoid ayin hara. Due to the novelty, people would be more apt to talk about such a shidduch and cause an ayin hara (Chida, Peirush Lesefer Chassidim #477; Heishiv Moshe #19; Pri Hasadeh, vol. I, #69).

2) Others contend that if the kallah has the same name as the chosson’s mother, the chosson will be unable to fulfill the mitzvah of kibbud eim when his mother dies, since he will not be able to name a child after her (Maharil #17).

3) Another explanation is that it will cause a lack of respect towards the parents. If the chosson’s name is the same as the kallah’s father, she will inevitably use her husband’s name in her father’s presence (Even Haroshah #31).

The responsum of the Noda Biyehudah

In my earlier article, I mentioned the responsum of the Noda Biyehudah (Shu’t Even Ha’ezer II #79), who explains that the shidduchin that Rav Yehudah Hachassid discouraged are concerns only for his descendants. The Noda Biyehudah also holds that Rav Yehudah Hachassid’s concerns apply only to birth names or names given to sons at their bris, but do not apply to any name changes that take place afterwards. And most importantly, the Noda Biyehudah feels that it is more important to marry off one’s daughter to a talmid chacham than to be concerned about names.

Double whammy

The Chasam Sofer (Shu’t Even Ha’ezer, end of #116) was asked by Rav Shmuel, the av beis din of Balkan, concerning a highly scholarly and qualified bachur whose first name was the same as the father of the girl that was suggested, and whose mother carried the same name as the girl. The Chasam Sofer permitted this shidduch, providing two reasons not cited by the Noda Biyehudah:

The Gemara (Pesachim 110b) explains that sheidim, evil spirits, are concerned only about people who are afraid of them, but that someone not troubled by them will suffer no harm. The Chasam Sofer reasons that the prohibitions of Rav Yehudah Hachassid apply only to people who are concerned about them.

Other authorities accept this conclusion of the Chasam Sofer. For example, after providing an extensive discussion on all the rules of Rav Yehudah Hachassid, the Sdei Chemed (Volume 7, page 20) notes that when he assumed his position as the rav of the Crimea, he discovered that the local populace did not observe any of the rules of Rav Yehudah Hachassid. The Sdei Chemed, who himself was concerned about all of these rules, writes that he thought about mentioning these matters to his community. He subsequently decided against it, reasoning that no harm will come to someone who is not apprehensive.

Following this same approach, Rav Moshe Feinstein rules that such a shidduch should be prevented only if the couple getting married is concerned that one of them shares a name with his or her future parent-in-law. However, if the marrying couple is not disturbed about violating the rules of Rav Yehudah Hachassid, one may proceed with the marriage, even if the parents are — the concern of a parent will not bring harm upon the couple (Shu’t Igros Moshe, Even Ha’ezer 1:4). Similarly, I found a different authority who rules that when the couple makes the shidduch themselves, there is no concern for the rules of Rav Yehudah Hachassid (Sdei Chemed Volume 7, page 21, quoting Heishiv Moshe).

It is reported that someone asked the Chazon Ish regarding a shidduch where the prospective kallah had the same name as the mother of the suggested young man. The Chazon Ish asked the prospective chosson whether he was apprehensive about this. When he responded that he was not at all concerned, the Chazon Ish told him that he could proceed (Pe’er Hador, vol. IV, pg. 90).

It is interesting to note that in another instance, someone asked the Chazon Ish about a situation where the prospective chosson had the same name as the prospective kallah’s father. The Chazon Ish ruled that as long as they do not live in the same city, they could go through with the shidduch. He explained that the whole reason beyond these rulings of Rav Yehuda Hachassid is ayin hara – people should not say “Here are the two Yankels.” However, if they live in different cities, people will not talk about them (Ma’aseh Ish pg. 215).

Others, however, view Rav Yehudah Hachassid’s prohibition differently. For example, some question whether a man whose mother is deceased may marry a woman who has the same name as his late mother. It would seem that, according to most of the reasons mentioned above, one may proceed with this shidduch. Nevertheless, some authorities are opposed, which indicates that they do not accept the reasons cited above (Kaf Hachayim, Yoreh Deah 116:127).

Two versions

Returning to the responsum of the Chasam Sofer, he mentions another reason to be lenient, which requires some explanation. Regarding the concern that a mother-in-law and daughter-in-law, or a son-in-law and father-in-law not share the same name, we find that the two sources attributed to Rav Yehudah Hachassid, the Sefer Chassidim and the tzava’ah, quote different versions of the prohibition. Whereas the tzava’ah states that a man should not marry a woman whose father shares his name, and a woman should not marry a man whose mother shares her given name, the text in the Sefer Chassidim (Chapter 477) states that if a man married a woman named Rivkah whose son also married a woman named Rivkah, then the grandson (the son’s son) should not marry a girl named Rivkah. The version quoted in Sefer Chassidim seems unconcerned about a man marrying a woman who shares his mother’s name or about a woman marrying a man with her father’s name. The Chasam Sofer concludes that the tzava’ah of Rav Yehudah Hachassid should also be understood this way.

Similar to the comment of the Chasam Sofer, the Chachmas Odom (123:13) notes that Rav Yehudah Hachassid clearly meant the same in both places, and that the Sefer Chassidim is written more accurately. Therefore, these two great authorities rule that even Rav Yehudah Hachassid was never concerned about a woman marrying someone whose mother shares her name, or a man marrying a woman whose father shares his.

Other lenient reasons

Although these three authorities, the Noda Biyehudah, the Chasam Sofer and the Chachmas Odom, are basically not concerned with the commonly understood application of Rav Yehudah Hachassid’s tzava’ah, other authorities are concerned, but provide additional reasons and applications when the concerns of Rav Yehudah Hachassid do not apply. Some mention that one need not be concerned where the two parties spell their names differently, even when they pronounce the name the same way (quoted in Sdei Chemed, Volume 7, page 17). However, the Sdei Chemed (Volume 7, page 20) concludes that the spelling should make no difference: either way, one should be concerned.

Variances of the name

The Kaf Hachayim (Yoreh Deah 116:12) mentions a dispute whether there is a concern when the mother-in-law and daughter-in-law have somewhat different names. For example, may a woman named Rivkah Rachel marry a man whose mother’s name is Rachel, since their names are not identical? Some feel that this is relevant when the woman now being considered for the shidduch is called Rivkah, but does not provide any basis for lenience if, indeed, she uses Rachel regularly as part of her name. According to this opinion, if she chooses to add another name to avoid the concern of Rav Yehudah Hachassid, she should be called only by the new name (Kaf Hachayim, Yoreh Deah 116:126).

Similarly, some rule that if the son-in-law is known by two different names, some people calling him by one name and others by a different name, there is no concern if the potential father-in-law has one of these names (see Sdei Chemed Volume 7, pages 17).

On the other hand, Rav Moshe Feinstein rules there is concern only if the full given names of both the mother-in-law and daughter-in-law (or the father-in-law and son-in-law) are identical. Prevalent practice follows this approach. An example is that my rosh yeshivah Rav Yaakov Yitzchak Ruderman, was not concerned that his daughter marry Rav Shmuel Yaakov Weinberg, notwithstanding that both father-in-law and son-in-law used the named Yaakov alone as their primary name.

Different English names

Rav Moshe Feinstein rules that if the father-in-law and son-in-law (or mother-in-law and daughter-in-law) have different English names, there is no concern, even if they share identical Hebrew names.

Changing the name

Some earlier authorities suggest that the chosson or the kallah change their name or add to it. For example, when someone asked the Chasam Sofer about having his daughter marry someone who shares his name, he advised them to have the chosson change his name (Pischei Teshuvah, Even Ha’ezer 2:7, in the name of the Kerem Shlomo).

Rav Moshe Feinstein accepted this approach of the Chasam Sofer in theory. However, in a responsum on the topic, he wrote not to rely on changing the name since, at the time and place that he wrote his teshuvah, people would continue to use the original name. A name change means that the person is now called by the new name.

Stricter approaches

There are, however, other authorities who are more concerned about violating the instructions of Rav Yehudah Hachassid and challenge or ignore the above heterim (quoted in Sdei Chemed Volume 7, pages 17 ff. ; Kaf Hachayim, Yoreh Deah 116:125).

In conclusion

I leave it to the individual to discuss with his or her posek whether or not to pursue a particular shidduch because of an identical name or a different concern raised by Rav Yehudah Hachassid. Of course, we all realize that the most important factor is davening, asking Hashem to provide the appropriate shidduch quickly.

At the end of our parsha, Yaakov is sent eastward to look for a shidduch. This provides an opportunity to discuss:

Rav Yehudah Hachassid and His Shidduchin

Question #1: A Shidduch Crisis

“My husband’s name is Chayim Shelomoh, and an excellent shidduch possibility was just suggested for my daughter. However, the bachur’s name was originally Shelomoh, but as a child, he was ill and they added the name Chayim before Shelomoh. May we proceed with this shidduch?”

Question #2: Must we turn down this shidduch?

“My wife’s name is Rivkah, and we were just suggested an excellent shidduch for my son, but the girl’s name is Esther Rivkah. Must we turn down the shidduch?”

Answer:

Both of these questions relate to rules that are not based on Talmudic sources, but on the writings of Rav Yehudah Hachassid, who prohibited or advised against many potential marriages that are, otherwise, perfectly acceptable according to halachah. But before we even discuss the writings of Rav Yehudah Hachassid, let us discover who he was and why his opinion carries so much weight.

Who was Rav Yehudah Hachassid?

Well, to complicate matters a bit, there were two people in Jewish history who were called Rav Yehudah Hachassid. These two individuals lived hundreds of years apart, and, to the best of my knowledge, had no known connection to one another, other than that they were both esteemed Ashkenazic leaders in their respective generations. The Rav Yehudah Hachassid of the seventeenth century, famed as the builder of a shul in the Old City of Jerusalem, now called the churva shul, spearheaded the first “modern” effort to establish an Ashkenazi community in the holy city. Although this failed attempt had political and practical ramifications that lasted until the middle of the twentieth century, I have never heard him blamed for the blocking of a potential shidduch.

On the other hand, the much earlier Rav Yehudah Hachassid, whose writings and rulings will be discussed in this article, was a great posek and mekubal, whose halachic decisions and advice have been extensively followed by both Ashkenazim and Sefardim.

Rav Yehudah Hachassid, who was born in approximately 4910 (1150), is quoted several times in the Tosafos printed in our Gemara (for example, Tosafos, Bava Metzia 5b, s.v. Dechashid and Kesuvos 18b, s.v. Uvekulei). Rav Yehudah’s students included a number of famous rishonim who are themselves Baalei Tosafos, such as the Or Zarua, the Rokeach, the Semag, and the Sefer Haterumah.

Rav Yehudah Hachassid was the head of a select group of mekubalim called the Chassidei Ashkenaz. He authored numerous works on kabbalah and was the author of the poem Anim Zemiros, sung in many shullen at the end of Shabbos davening. Two works of his are intended for use by the common laymen, the Sefer Chassidim and the Tzavaas [the ethical will of] Rav Yehudah Hachassid, and these mention the subject of today’s article.

The tzava’ah of Rav Yehudah Hachassid

I am not going to list everything in Rav Yehudah Hachassid’s tzava’ah, but, instead, will simply cite some of the practices that he prohibits.

A man should not marry a woman who has the same name as his mother, nor should he marry a woman whose father has the same name that he has. Rav Yehudah Hachassid closes by saying: if people violated these instructions, one of the parties with the name in common should change his/her name — perhaps this will provide some hope. He does not specify what the harm is or what the hope is for.

Two mechutanim should not have the same name.

Two mechutanim should not make two shidduchim, a son with a daughter and a daughter with a son.

One should not marry one’s niece, either his brother’s daughter or his sister’s daughter.

A father and son should not marry two sisters.

Two brothers should not marry two sisters, nor should they marry a mother and her daughter.

A stepbrother and a stepsister should not marry.

Two married brothers should not live in the same city.

Before we get everyone disturbed, I will share with you that many of these relationships prohibited (or advised against) by Rav Yehudah Hachassid are not recognized as binding by later authorities. For example, the Chofetz Chayim’s first rebbitzen was his step-sister: he married the daughter of his step-father, who had already married the Chofetz Chayim’s widowed mother. Similarly, I know of numerous instances in which two brothers married two sisters, without anyone being concerned about it. And the Tzemach Tzedek of Lubavitch mentions that one need not be concerned about pursuing a shidduch in which the fathers of the chosson and the kallah have the same given name (Shu’t Tzemach Tzedek, Even Ha’ezer #143).

Selective service

In most places, the only shidduchin-related rule of Rav Yehudah Hachassid that has been accepted is that a man not marry a woman who has the same given name as his mother, nor should a woman marry a man who has the same name as her father. Why is this rule more accepted than any of the others?

Early poskim note that the custom of being concerned about this was far more widespread than concern about the other prohibitions of Rav Yehudah Hachassid. They propose several reasons to explain why this is true.

One answer is because the Arizal was also concerned about a man marrying a woman whose name is the same as his mother. Yet, there is no evidence of the Ari or other authorities being concerned regarding the other rules of Rav Yehudah Hachassid (see Shu’t Mizmor Ledavid of Rav David Pardo, #116, quoted by Sdei Chemed, Volume 7, page 17; Shu’t Divrei Chayim, Even Ha’ezer #8).

Another possible reason is that the Chida writes that he, himself, saw problems result in the marriages of people who violated this specific prohibition of Rav Yehudah Hachassid.

Rav Chayim Sanzer adds that one should be concerned about this particular practice only because klal Yisroel has accepted as custom to pass up these marriages. To quote him: If the children of Israel are not prophets, they are descended from prophets, and there is an innate understanding that these shidduchin should not be made.

The responsum of the Noda Biyehudah

No discussion of the instructions of Rav Yehudah Hachassid is complete without mentioning a responsum of the Noda Biyehudah, the rav of Prague and posek hador of the eighteenth century. The Noda Biyehudah (Shu’t Even Ha’ezer II #79) discusses the following case: A shidduch was suggested for the sister-in-law of a certain Reb Dovid, a close talmid of the Noda Biyehudah, in which the proposed chosson had once had his name changed, because of illness, to the name of the girl’s father. The Noda Biyehudah replied to Reb Dovid that generally he does not discuss questions that are not based on sources in Talmud and authorities. Nevertheless, he writes that he will break his usual rules and answer the inquiry.

First, the Noda Biyehudah points out a very important halachic principle: No talmid chacham may dispute any halachic conclusion of the Gemara, whether he chooses to be lenient or stringent, and anyone who does is not to be considered a talmid chacham. Upon this basis, the Noda Biyehudah notes that we should question the entire tzava’ah of Rav Yehudah Hachassid, since the work forbids numerous practices that run counter to rulings of the Gemara. To quote the Noda Biyehudah, “We find things in Rav Yehudah Hachassid’s tzava’ah that are almost forbidden for us to hear.” The examples the Noda Biyehudah chooses include:

One should not marry one’s sister’s daughter. However, the Gemara (Yevamos 62b) rules that it is a mitzvah to do so.

Rav Yehudah Hachassid prohibited a father and son from marrying two sisters, yet we see that the great amora Rav Papa arranged the marriage of his son to his wife’s younger sister (Kesubos 52b).

Another example is that Rav Yehudah Hachassid writes that two brothers should not marry two sisters, yet the Gemara (Berachos 44a) writes approvingly of these marriages. Furthermore, the amora, Rav Chisda, arranged for his two daughters to marry two brothers, Rami bar Chamma and Ukva bar Chamma (ibid.).

Explaining Rav Yehudah Hachassid’s concern

The Noda Biyehudah continues: “However, out of esteem for Rav Yehudah Hachassid, we must explain that in his great holiness, he realized that the shidduchin he was discouraging would all be bad for his own descendants. Therefore, Rav Yehudah Hachassid’s comments do not conflict with the Gemara, since he was writing a special ruling for individuals that should not be applied to anyone else. Therefore, Reb Dovid does not need to be concerned about his sister-in-law proceeding with this shidduch.

The Noda Biyehudah presents an additional reason why Reb Dovid does not need to be concerned: Rav Yehudah Hachassid’s concerns apply only to birth names or names given to sons at their bris, but do not apply to any name changes that take place afterwards. The Noda Biyehudah rallies proofs that adding or changing a name because of illness can only help a person and cannot hurt. In addition, the Noda Biyehudah reasons that if someone was an appropriate shidduch because of his birth name, changing or adding to his name cannot now make this shidduch prohibited.

Marry a talmid chacham

Aside from the other reasons why the Noda Biyehudah feels that this shidduch can proceed, he adds another rule: It is more important for someone to marry off his daughter to a talmid chacham, which the Gemara says is the most important thing to look for in a shidduch, than to worry oneself about names, a concern that has no source in the Gemara.

At this point, let us examine one of our opening questions:

My husband’s name is Chayim Shelomoh, and a shidduch was just suggested for my daughter of a bachur whose name was originally Shelomoh, but as a child, he was ill, and they added the name Chayim before Shelomoh. May we proceed with this shidduch?

According to the Noda Biyehudah, one may proceed with the shidduch, even if the younger Chayim Shelomoh does not qualify as a talmid chacham and even if they are descended from Rav Yehudah Hachassid, since the name Chayim was not part of his birth name.

Stricter approaches

On the other hand, there are other authorities who are more concerned about violating the instructions of Rav Yehudah Hachassid and do not mention any of the above heterim (quoted in Sdei Chemed Volume 7, pages 17- 20; Kaf Hachayim, Yoreh Deah 116:125). These authorities supply a variety of reasons why the arguments of the Noda Biyehudah do not apply. As far as the Noda Biyehudah’s statement that Rav Yehudah Hachassid could not have banned that which is expressly permitted, or even recommended, in the Gemara as a mitzvah, some respond that, although at the time of the Gemara there was no need to be concerned about the kabbalistic problems that these concerns may involve, our physical world has changed (nishtaneh hateva), and there is therefore, currently, a concern of ayin hora (quoted by Sdei Chemed page 19).

In conclusion

I leave it to the individual to discuss with his or her posek whether or not to pursue a particular shidduch because of an identical name or one of the other concerns raised by Rav Yehudah Hachassid. Of course, we all realize that the most important factor in finding a shidduch is to daven that Hashem provide the appropriate shidduch in the right time.

For the continuation of this discussion, see part II of this article.