Brooklyn, NY – A Torah Giant: Remembering Rav Fishel Hershkowitz Zt”l

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    Brooklyn, NY – There was almost no one like him, and there is now a tangible and palpable loss among the Bnei Torah who knew him and benefited from his vast and thorough knowledge of Torah.

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    Rav Ephraim Fishel Hershkovitz zt”l was of the Gedolei haPoskim in America, indeed, in the world. Although a dayan for Klausenberg Chassidim – he was the address of psak and of many other things for Chassidim, Sefardim, and litvaks alike. But he was much more.

    Rav Fischel had a photographic memory, and a deep and keen understanding of all matters Seforim.

    Most people in the Chassidish world do not know of Moritz Shteinschneider, the most famous bibliographer and world expert on Judaica. Rav Fishel’s expertise was much beyond that of Steinschneider to anyone that could compare the two.

    Rav Hershkowitz was born on Yom Kippur, 1922 (10 Tishrei 5683), in the city of Munkatch then in Czechoslovakia – and now in the Ukraine. Even in Europe, his fame as a brilliant Torah scholar spread far and wide.

    He passed away yesterday at age 94. He arrived in America sometime after the Churban and was appointed Klausenberger Dayan, a role he retained for over four decades.

    CHILD PRODIGY

    At the tender age of 11, those who knew him from Europe attested that he knew meseches chullin thoroughly as well as the entire first chailek of Yore Deah. He also knew at that age the mesechtos of Nedarim, Shviis and Makos (originally from Rav Isaac Shapiro). At fourteen, Rav Fishel had finished Shas more than once. A chevrusah of his in Europe recalled years ago that he knew the entire Sdei Chemed by heart and would farher him on it during their walks.

    MIDOS AND AHAVAS YISROEL

    Rav Hershkowitz zt”l had remarkable eidelkeit, exhibiting remarkably fine midos. He rejected kavod. When he entered the Klausenberg Bais Midrash, he would walk on the side without vanity – so that nobody should see him. He acted with pashtus.

    Rav Fischel had remarkable ahavas yisroel. He truly loved Talmidei Chachamim and he gave time to all Talmidei Chochomim. His love and tzaar for the agunos who had lost their husbands after the Churban was devastating.
    After the war, he sat day and night ruling on the very complex area of Agunos.

    Another person who joined him was the previous Tosher Rebbe an extraordinary Talmid Chochom. He was forced to do the same thing again, almost six decades later – after the terrible incidents of September 11th.

    RELATIONSHIP WITH THE KLAUSENBERGER REBBE

    The Klausenberger Rebbe zt”l had a tremendous love and respect for Rav Fischel zt”l. Although the Rebbe knew Shas and Poskim thoroughly and paskened halachos in his Teshuvos, he would often defer to Rav Fishel on matters of halacha. He appointed him as the Klausenberger Dayan personally.

    It is the minhag of many Chassidisha Poskim never to respond immediately to shailos and always to wait – in fulfillment of the pasuk havei matunim badin. Rav Fischel, however, would respond immediately to shailos. When the Klausenberger Rebbe was approached about this issue, he responded, “Do not ask questions on Rav Fischel. He is thoroughly familiar with Kol HaTorah kulah – there is no concern here that he may make an error and see something else later on. He knows it all and it is before his very eyes.’

    HASKAMOS

    Rav Fischel had given haskamos – approbations to thousands of authors of seforim – in all miktzo’os – niglah, nistar, chassidus. And he was thouroughly proficient in all of them. He also helped write footnotes and ha’aros to hundreds of other seforim.

    Rav Moshe Blau z”l somehow gained entry into the Vatican Library, the UCLA Judaica library, and other ones as well. He published many dozens of Seforim from manuscripts.

    Rav Blau consulted Rav Fischel on all of them. Indeed, much of the content of the ha’aros were culled or actually written by Rav Fishel Hershkowitz.

    People often exaggerate as to the alleged photographic memory of a great Gadol or Gaon. Rav Fishel zt”l truly had a photographic memory. People would call him and he cited word for word entire paragraphs of the Mogain Avrohom and the Shulchan Aruch HaRav. He would quote a Raavan by heart, and would tell you the exact page number.

    HASMADA

    His hasmada was indescribable. He could not sit and do nothing. Rav Yitzchok miSpinka (the Chakol Yitzchok) was one of his rebbeim who had a remarkable hasmada – one that Rav Fishel obviously copied. His ability to sit and learn straight without interruption even at an old age paled that of anyone else in the Beis Midrash.

    SENSE OF HUMOR

    Rav Fishel zt”l had a sharp sense of humor. Someone once asked him for a haskama, he gave it and also gave him a number of marei mekomos to include. The person brought the completed sefer as people generally do after they receive a haskama.

    Rav Fischel carefully perused the sefer and the mafte’ach and noticed that the author had left out a particularly appropriate midrash that should have been included. He commented to his grandson, “Do you know why he didn’t include that Midrash? Because as yet this Midrash is not on the Bar Ilan computer..”

    He had numerous sharp lines as well, but they were always delivered with love and affection.

    Rav Moshe Dov Stein zt”l, the Posaik of the Sh’or Yoshiv Yeshiva had once tried calling him, but could not find his number listed. Little did he know that the phone listing was under Phillip Hershkowitz. Such was his anivus.

    Rav Fischel had dealings with many librarians – even those from non-religious institutions. They all had a love and affection for him.

    LITVISHE POSKIM

    There were great Litvish Poskim that would visit him regularly, once a year to speak out their shailos to him. This continued until the debates with the Eiruv grew to a point where these Poskim felt that it was no longer politically correct for them to consult with him.

    HIS TORAH LEGACY

    Rav Fishel zt”l was not only thoroughly proficient in matters of practical halacha, he had a full mastery of Seder Kodshim as well. Indeed, there are kesavim that Rav Fishel had written in Kodshim that could fill up ten Seforim. It is hoped that the family members will try to put out these writings.

    In Eretz Yisroel, there are such things as a Machon that is dedicated to the elucidation of certain areas of Torah. Rav Fishel in and of himself was a one man Machon in numerous miktzaos haTorah. He had a full mastery of the Talmud Yerushalmi and the Oz v’hadar Yerushalmi has an entire overview of the Yerushalmi that came from him.

    His grandson, Rav Yisroel Yehudah Hershkovitz Shlita, once asked his grandfather about the Chazon Ish’s practice not to say the Friday night aidus of vayechulu with one other person. Rav Fishel zt”l, explained that the Chazon Ish probably relied on the language of the Tur for his practice. Rav Fishel had a profound respect for all Gedolei Torah, litvish, Chassidesh, Sefardic.

    One beautiful explanation that he provides to Rabbeinu Avigdor (Ki satzay #59) is that a ben sorer umoreh is put to death even though he is a minor is because he is l’halacha a rodef – and the Gemorah in Sanhedrin 74b clearly tells us that a minor who is a rodef can be put to death.

    There is a minhag not to get married when the moon is lessening. Rav Gavriel Zinner Shlita, author of the Nitei Gavriel, spoke to Rav Fishel as to why this does not apply in the month of Adar. He explained that from the 23rd of Adar the shivas yemei hamiluim of the mishkan begin – and therefore they had the custom to marry then (See NG Nisuin 48 note 40)..

    Once a grandson pointed out to him that perhaps he may have erred in putting on Tefillin too early. He responded with the fact that perhaps it was mitigated by the Yerushalmi’s opinion that ayeles hashachar is prior to alos hashachar.


    UNCOMMON HALACHOS

    He often explicated ‘not your usual halachos.” What is the halacha regarding a left-footed person who had to do a chalitzah, but had had his left foot amputated? He finds room for a heter and the entire issue is discussed in the sefer chalitzah k’hilchasa.

    If someone is borrowing money from a gentile for a friend and has no personal benefit from it whatsoever. Can he pass on the ribis charges? Rav Fishel ruled that we should try to rule leniently and allow it (See Yashiv Yitzchok Vol. VI YD #14).

    When Reb Shlomo Gottesman printed a ksav yad from a rishon – he went to Rav Fishel Hershkowitz zt”l to look it over for him.

    In the 5764 edition of HaBe’er the Klausenberg Torah journal he explained Rav Saadya Gaon’s position that the Kesuvah is not merely a type of pre-nup, but effects kiddushin through shtar. He backed it up with a number of other sources.

    IN ALL CIRCLES

    He was knows as a gaon and posaik in all circles. Indeed, when there was a din Torah between the Lubavitch community and a relative of the Rebbe who had sold the communities seforim – they turned to Rav Fishel zt”l. Rav Fishel explained that he could not rule on cases of yerushah without hearing both sides but he strongly explained that it was prohibited for the relative to have sold the seforim and that must be stopped immediately.

    KASHRUS

    In matters of Kashrus, what is the halacha when something entirely non-kosher becomes inedible to human beings and certainly to a dog – but becomes edible once again through various processes? Does the prohibition return as well? Rav Fishel ruled (See yashiv Yitzchok Vol. VIII YD #22) that we can rely on the view of Rav Yaakov Lorberbaum in Chavas Daas YD 103:1, who permits it.

    What should Bnei Eretz Yisroel who are in America do? Should they daven with an American Minyan? Should they daven alone? Are they permitted and or should they form their own minyan? Rav Fishel paskened that they should form their own minyan and could do so in the outer room of the shul (See Shut Yashiv Yitzchok Vol. I Siman 5).

    What about making up the leining – when they are a week off? Should they lein Parshas Nasoh when it is b’haaloscha in the United States? Rav Fishel answered no that they do not since they are a minority of the congregation. They should, however, do it in shnayim mikrah echad targum. (See Yashiv Yitzchok Vol. II #7).
    On a Kesuvah when the bride’s name is Pessi: How do you spell it? He ruled that it is short for Pessyah and it is spelled pay ayin samech yud aleph – the spelling of samech yud hay, he ruled, was wrong. He also said that she should start using the full name right away and to spell it correctly (See Yashiv Yitzchok Vol. VIII EH #72).

    He transmitted many teachings and sayings that he had heard from Rav Meir Arik zt”l, that he heard from Rav Aharon Wilner and others. One of which was that Rav Meir Arik new orech Chaim well because the Rav Shulchan Aruch had written on it with such exactitude.


    STRONG SHOULDERS

    Rav Hershkowitz’s psakim were revolutionary as well, and he had strong shoulders.

    He ruled on difficult cases of Mamzeirus – where he ruled that the Rov of most be’ilos achar habaal does not apply when there was a second civil marriage – thus saving the offspring from a severe stigma. He ruled instead that the child could have been from a gentile (See Yashiv Yitzchok Vol. VI EH 33) and would therefore not have a full mamzeirus prohibition on her. Wow! what shoulders!

    A situation once arose where a kohain who was not religious – had, without knowing it was forbidden, married someone assur to him. Was Beis Din obligated to inform him that he should divorce? Rav Fishel paskened that they did not have such an obligation, by combining a number of tzirufim and shitos. The status of Kohanim nowadays are only chezkei kehunah – obligated in such matters technically from a derabanan point of view. He ruled leniently combining the Nesivus’s opinion that a shogeg on a derabanan does not require atonement (See Yashiv Yitzchok Vol. VI EH #24).

    His son in law, Rav Meir Meyers, related a ruling by Rav Fishel that technically one can fulfill the Mitzvos of Havdallah and Megillah through a microphone. Rav Elyashiv zt”l did not agree, but still, it is fascinating that he took this position.

    The Pnei Shabbos, a remarkable sefer on hilchos Shabbos, quotes Rav Hershkowitz as ruling that the prohibition of shehiya is somewhat mitigated in regard to natural gas because there is no concern of stoking the coals. Chazal’s enactment was on coals.

    A LOVE AND KNOWLEDGE OF SEFORIM AND KISVEI YAD

    Aside from his brilliance in Shas and Poskim, he had a remarkable knowledge of Seforim – greater and somewhat akin lehavdil to Moritz Shteinschneider – being able to identify who had which Seforim and which baalei Tosfos. Rav Fishel had the rare and remarkable ability to determine who was the author of Torah novella by virtue of the writing style.

    Rav Fishel added ha’aros to numerous seforim and response shu”t divrei ranana, his Haaros to perushim upsakim l’rabbeinu Avigdor.

    He had rare seforim and also possessed rare kisvei yad which he magnanimously allowed others to publish – among which were those of Rav Shmuel Shmelka Klein the Av Beis Din of Chust and Belkin.
    Rav Hershkovitz learned and taught Daf Yomi. In 2005, Agudath Yisroel’s Daf Yomi Commission gave him the honor of starting the new cycle in Brachos at the Eleventh Siyum HaShas in Madison Square Garden.

    This author once spoke to Rav Fischel regarding the obligation of Mezuzos in a shul with changeable portable walls within a permanent building. This has become somewhat common in newer shuls. Previously, this author had gone to Rav Elyashiv zt”l about the matter, but did not feel that the metziyus was fully understood.

    Rav Hershkowitz, however, expressed the idea that it may be obligated in a Mezuzah right away precisely because the room itself was permanent. Unfortunately, this author did not get the chance to pursue the issue further.
    The loss to Klal Yisroel of this giant of Torah and his sheer humility is indeed profound.

    It is unfortunate that many did not get to benefit from his wisdom and knowledge during his lifetime. However, the legacy that he has given us in the tens of thousands of psakim and haaros in thousands of Seforim will last for centuries. Yehei zichro boruch.

    The author can be reached at [email protected]


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    david2005
    david2005
    6 years ago

    Thank you so much Rabbi Hoffman. This article sums up the nifter best.