Long halachic responsum from Rabbi Yosef Rosen of Rogatchov regarding chalitza by an apostate who was at the center of a Torah polemic, written to Rabbi Meir Hildesheimer of Berlin. Dvinsk, 1929. With changes and additions to the printed version.
Specifications: [4] pages, 20.5×13 cm. Entirely in his handwriting and with his handwritten signature.
Background: This ruling was at the center of a fierce halachic polemic. The subject was a woman who required yibum. There were two people who could perform the yibum, one was an apostate [meshumad] who lived in Königsberg, and the other lived in St. Petersburg under Bolshevik rule, could not be reached and was also a heretic of the entire Torah [mumar l’kol hatorah kulah]. In the beginning, Rabbi Yechiel Yaakov Weinberg, who was approached due to his place of residence, dealt with the case. Rabbi Weinberg was of the opinion that an apostate should not be permitted to perform chalitza, however, as a result of the firm opinion of Rabbi Yosef Rosen of Rogatchov, as recorded in the letter before us, who believed that the apostate brother may and must perform chalitza, Rabbi Weinberg rescinded his opinion.
The letter before us was sent to Rabbi Meir Hildesheimer of Berlin, who travelled to Konigsberg to persuade the apostate to perform chalitza. At the end of the letter, Rabbi Yosef Rosen writes: And I request to be informed if the beit din … should not agree to arrange the chalitza G-d forbid, we will hope for Heavenly mercy.
Unique Features: The responsum before us was printed in the responsa Tzafnat Pa’aneach which was printed after the author’s death (siman 80) and at the end of the responsum “the end is missing” is written. Before us is the complete responsum. In addition, there are many significant changes between the printed version in the responsa and the manuscript before us.
It is known that Rabbi Yosef Rosen minimized usage of honorifics. In the letter before us, he calls Rabbi Hildesheimer by grand descriptions: The famous rabbi, great among Israel … Rabbi Meir who should live long, known as Dr. Hildesheimer.
Rabbi Yosef Chaim Sonnenfeld of Jerusalem, Rabbi Avraham Zvi Kamai of Mir, Rabbi Moshe Mordechai Epstein of Slabodka-Chevron, Rabbi Chanoch Henich Eiges author of the Marcheshet , Rabbi Yeshayah Furst of Vienna, Rabbi Yechezkel Leibshitz of Kalish the chairman of the Agudat HaRabbanim in Poland and others were also involved in this halachic polemic. Rabbi Weinberg wrote that in the end the chalitza was not performed as all of Rabbi Meir Hildesheimer’s requests from the apostate were refused. When the Rogatchover heard this, he was unwilling to talk about the affair. And he adds that trustworthy people told him that Rabbi Yosef Rosen saw this as a hint from Heaven. Additional material on the affair is enclosed.
Background: The Gaon Rabbi Yosef Rosen [1858-1936] was born in Rogatchov, by whose name he was known. In his youth he studied from Rabbi Yosef Dov Ber Soloveitchik, author of the Beit HaLevi . For over forty years he served as a chassidic rabbi in the city of Dvinsk, alongside Rabbi Meir Simchah HaCohen, author of the Ohr Sameach . He was known for his tremendous genius and his unparalleled phenomenal memory. He wrote Torah novellae in short comments. With great effort, his daughter managed to photocopy his manuscripts and send them to America before the Second World War. Over the years, Rabbi Menachem Mendel Kasher published some of the Torah thoughts which had been copied, and to this very day people are working to decipher his novellae.
Rabbi Meir Hildesheimer, son of Rabbi Azriel Hildesheimer, was a student in the Rabbinical Seminary in Berlin, and had a doctorate. He was a rabbi in Berlin, rabbi of the Ultra-Orthodox congregation and director of the Rabbinical Seminary in Berlin.
Condition: Fine. Folding marks. Slight tears on the fold which have been restored. Entirely legible and clear.