Bayit ḥadash (New House): Introduction

Introduction

Behold, I am aged and gray-headed—I know not the day of my death [see Genesis 27:2]! And when am I going to provide for my own house (Genesis 30:30), which I built, and for my children and my students that God has favored me with [see Genesis 33:5], whom I have reared and brought up, taking them in my arms [see Hosea 11:3], while saying of them: “These are the Lord’s people, albeit they have departed from His land and from His Torah [see Ezekiel 36:20]”? They come to feed upon bran-flour bread. Their eyes are shut, and they have turned their hearts into flint and stone so as not to comprehend the true Torah. This is not so regarding those men who are mighty in Torah and who can uproot mountains. Come now to eat my bread and drink the wine I have mingled (Proverbs 9:5)—and turn not unto the haughty [see Psalms 40:5] and to the bread of liars, whose mad folly [shetutehu] and outlook on life [shitatehu] will avail them neither in this world nor in the next! For they are acts of poking, the tongue of those learned in imaginary things and calamities. The very breath of their mouths creates confusion—their power has weakened like that of women! If you are ignorant of the correct path, O fairest among women, make your way forth by the footsteps of the flock (Song of Songs 1:8), the supremely holy ones, and feed your kids by the river that spreads forth roots [see Jeremiah 17:8]—namely, none besides the Tosafists and the other commentators! Like pomegranates, replete with novel ideas, they descended to the depths of the talmudic ocean and brought up in their hands pearls shining like beryl. One can assuredly see, from the works on the Tur [by Jacob ben Asher (1269–1343)] written by the great master, our most illustrious teacher R. Joseph Karo, may the memory of the righteous be for a blessing, how outstanding was his prowess in the entire Talmud and in all the early and later poskim [decisors] and all the responsa. And how great was his merit, in that it was through his compositions that the sages and their disciples became strengthened, gathered together and assembled into numerous groups, their faces shining and radiating light from the carefully arranged and well-preserved halakhic decisions!

Indeed, as the master of blessed memory was a sage whose eyes are properly focused [see Ecclesiastes 2:14], and whose fundamental objective was to clarify fully every halakhah so that no doubt should remain in the public teaching of practical halakhah, it became necessary for him to elaborate upon the topics within the Talmud and the decisors with their responsa. This prolixity necessitated abridgment in his interpretation and clarification of the words of the Tur himself, even in those instances when it is as though a craftsman and a craftsman’s son are needed to fashion them into place. Moreover, when he explains the statements of the Tur in a few cases, it is possible to respond with weighty counterarguments, in order to ascertain the truth for those investigating such topics. And this state of affairs came about in relation to the master only by virtue of his exalted greatness, in that he had always focused exclusively on these matters, and all his thoughts were directed toward the ultimate goal of halakhic rulings in both the abridged and the lengthy Shulḥan ‘arukh. But regarding the explanation and interpretation of the statements of the Tur himself, he was regularly terse, as they were readily comprehensible to men of such outstanding greatness as himself. And accordingly, so as to fulfill the desire of the distinguished students and the pupils of the great contemporary authorities, who continually surrounded me [see Psalms 118:11] and urged me to publish the ideas and discussions they had heard from me in the course of the cut-and-thrust of halakhic debate when I studied the Tur with them at the gathering of academic colleagues here in the holy community of Kraków, a most renowned city in Israel, may it endure until the advent of the Redeemer, Amen, Selah, I bestirred myself to compose an interpretation and commentary to the words of the Turim per se, and also to explain the words of those authors cited by the master in his work in such instances where elaborate explanation is required; all in accordance with the themes of the Talmud and the commentaries of Rashi and Tosafot, and the other exegetes and decisors. I further aimed to resolve any difficulties arising from his rulings and to clarify them with definitive proofs, according to the kindly hand of the Almighty upon me (Nehemiah 2:8); furthermore, to cite, in several instances, the interpretations of the master, the Bet Yosef [R. Joseph Karo], and to explain his statements and the difficulties arising from his commentary, whether from his interpretation of the words of the Turim themselves or from the words of Maimonides and other decisors, and to provide alternative explanations when these are more plausible, as the investigating reader will observe; and out of such clarification and discussion will emerge the essence of perfection in halakhic rulings, God willing! I aimed, moreover, to clarify such matters that remain vague owing to textual variations to be found in this work. Now as the great and saintly master, R. [Joshua] Falk ha-Kohen, of blessed memory, arose in our times and composed a lengthy commentary to the Shulḥan ‘arukh, and as a result of his commentary and explanations, various laws have been inferred, which go beyond the early authorities’ imagination, necessity has compelled me to object, and exhort the reader with regard to the practical halakhah, to rule correctly. Presently, however, we have dealt with his statements only briefly, and if God grants me life, I shall write clear, lengthy objections in the work I have commenced on the Shulḥan ‘arukh.

Now I have named this composition The New House, for I have neither gathered into my home nor cited within this work the words of the great authorities of yesteryear other than on account of such novel matters as are contained therein, or to mention a difficulty and its resolution, or to provide a fresh interpretation or halakhic ruling, as the perusing reader will note. And I trust in the Name of the Almighty that this work of mine will find favor with the great ones of our generation and that my efforts and burden and my offering will be pleasing to them as in days of old and as in ancient times [see Malachi 3:4]. And accordingly I request the Almighty [ . . . ] to assist me for His glorious Name’s sake, and to support my hands and grant me extra strength to enable me to complete the entire work on all the four Turim—and may He assist me too in finishing other works not yet concluded, so that the prophetic words And the earth shall be filled with knowledge as the waters cover the sea (Habakkuk 2:14) may be fulfilled through us. Amen. May this be His will!