Reflecting on When the Arukh haShulhan on Orach Chaim was Actually Written: Citations of the Mishnah Berurah in the Arukh haShulhan

Michael J. Broyde & Shlomo C. Pill

Rabbi Michael Broyde is a Professor of Law at Emory University School of Law and the Projects Director at the Emory University Center for the Study of Law and Religion. Rabbi Dr. Shlomo Pill is a Visiting Assistant Professor of Jewish, Islamic, and American Law and Religion at Emory University’s Candler School of Theology and a Senior Fellow at the Emory University Center for the Study of Law and Religion. They are writing a work titled “Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh Hashulchan” (Academic Studies Press, forthcoming 2020).

We post this now to note our celebration of the publication of תערוך לפני שלחן: חייו, זמנו ומפעלו של הרי”מ עפשטיין בעל ערוך השלחן (“Set a Table Before Me: The Life, Time, and Work of Rabbi Yehiel Mikhel Epstein, Author of the Arukh HaShulchan” (see here) (Maggid Press, 2019), by Rabbi Eitam Henkin, הי”ד. Like many others, we were deeply saddened by his and his wife Naamah’s murder on October 1, 2015. We draw some small comfort in seeing that the fruits of his labors still are appearing.

According to Rabbi Eitam Henkin הי”ד in his recently published book on the life and works of Rabbi Yechiel Mikhel Epstein, the first volume of the Arukh Hashulchan on Orach Chaim covering chapters 1-241 was published in 1903; the second volume addressing chapters 242-428 was published in 1907; and the third volume covering chapters 429-697 was published right after Rabbi Epstein’s death in 1909.[1] Others confirm these publication dates.[2]

The Mishnah Berurah, Rabbi Yisrael Meir Kagan’s commentary on the Orach Chaim section of the Shulchan Arukh was published in six parts, with each appearing at different times over twenty-three-year period. Volume one was published in 1884, volume three in 1891, volume two appeared in 1895, volume four in 1898, volume five was published in 1902, and volume six in 1907.

We suspect that while the first volume of the Arukh Hashulchan on Orach Chaim did not appear until 1903, Rabbi Epstein wrote this work some time before this, and its publication and was delayed for economic and government censorship reasons. Rabbi Eitam Henkin notes (in the above biography) that Rabbi Epstein made mention of the very difficult time he had finding the funds to publish his work. Rabbi Epstein himself wrote in an 1886 letter, “to my great distress, I am unable to publish [the next installment of the Arukh Hashulchan] due to the lack of funding . . . publishing is exceedingly expensive.”[3] The high cost of publishing and limited funding actually led to Rabbi Epstein’s initially publishing the Arukh Hashulchan in numerous short pamphlets, each covering just a few of the Shulchan Arukh’s topic headings, rather than in larger volumes. Eventually, as funds became available, these pamphlets were combined into larger volumes, organized around the “four-pillars” framework of halakhah used by other rabbinic jurists since Rabbi Karo.[4] Likewise, Rabbi Henkin uncovered correspondence in which Rabbi Epstein bemoaned that long-before completed manuscripts of the Arukh Hashulchan were languishing in St. Petersburg awaiting review and approval by Russian government censors.[5]

Appreciating the realities of the funding- and censorship-related delays with which Rabbi Epstein had to contend helps rectify what Rabbi Meir Bar-Ilan described as Rabbi Epstein’s furiously productive writing schedule with the nearly four decade span between when he began writing the Arukh Hashulchan in 1870 and the publication of the final volume of Arukh Hashulchan: Orach Chaim in 1909 (and other volumes considerably after his death by his daughter[6]). Rabbi Meir Bar Ilan described his grandfather’s process as follows:

My grandfather sat each day in the room designated as the local rabbinic courtroom together with his two rabbinic judge colleagues from morning until night, save for two hours in the afternoons . . . He sat at his table with a chair next to him upon which he kept four books related to the topic he was currently dealing with: a volume of Maimonides’ Mishnah Torah, a volume of the Arbah Turim, the Shulchan Arukh, and a small edition of the Talmud. And thus, looking here and there, he wrote his book, Arukh Hashulchan, page after page. Occasionally, he would get up and take out another book to look at . . . This book, the Arukh Hashulchan, which is foremost in its genre, was printed directly from the first draft manuscripts, exactly as they were initially produced by the author . . . without edits, erasures, or rewrites.[7]

Even if somewhat hyperbolic in its recollection, the pace of work described by Rabbi Meir Bar-Ilan certainly does not suggest that the writing of the Arukh Hashulchan would have taken more than thirty years. It is likely that the text of Rabbi Epstein’s monumental restatement of halakhah was written and prepared long before it finally appeared in print.[8]

So, when was the Arukh Hashulchan on Orach Chaim actually written? We suspect it was written after 1891 and before 1895.

As noted, the first volume of the Mishnah Berurah was published in 1884, and the Arukh Hashulchan cites it thirteen times. Mishnah Berurah volume three was published seven years’ later in 1891 and is also cited by the Arukh Hashulchan—in this case, twelve times. The Arukh Hashulchan cites none of the other four volumes of the Mishnah Berurah, however, which indicates that Rabbi Epstein did not have them. That would indicate that Rabbi Epstein had completed his manuscript of Arukh Hashulchan on Orach Chaim before the 1895 when the next installment of the Mishnah Berurah appeared. We see in Rabbi Eitam Henkin’s work (p. 312) that he proposes a similar observation, and we are gratified that he shares this inference. While over a decade would pass before the Arukh Hashulchan on Orach Chaim was fully published, and while by this time the Mishnah Berurah, too, was in print in its entirety, Rabbi Meir Bar-Ilan’s account of Rabbi Epstein’s writing process suggests that once written, the Arukh Hashulchan manuscripts were not significantly revisited or edited by Rabbi Epstein. It is not surprising, then, that the Arukh Hashulchan on Orach Chaim does not include references to sections of the Mishnah Berurah that appeared only after 1895.

We are aware of 36 (or 37, if one counts the double reference in number 5, below) references to the Mishnah Berurah in the Arukh Hashulchan[9] none of which are particularly important to the work, and only in one of them (319:22) does the Arukh Hashulchan seem to be actually reacting to something that the Mishnah Berurah directly cited in his own name. The citations to the Mishnah Berurah in the Arukh Hashulchan themselves generally look like (to quote Rabbi Bar-Ilan) “another book to look at.” Furthermore, it only looks like he did so in certain areas deeply and other areas much less. There are six quoted in hilkhot tzitizit, one in hilkhot tefillin, two in hilkhot shema, four citations over three simanim in hilkhot tefilla, and then occasional references scattered throughout hilkhot Shabbat. This sparse citing suggests that the Arukh Hashulchan neither studied the Mishnah Berurah, nor is responding to it systemically. So to, the only explanation for the lack of citation to volumes two, four, five and six is that Rabbi Epstein did not have them at the time he was producing his manuscript of the Arukh Hashulchan on Orach Chaim. (We see that Rabbi Eitam Henkin, in his work makes a similar observation on pages 311-313.)

Below is a list of all the cases we are aware of in which the Arukh Hashulchan actually has and cites and quotes this Mishnah Berurah.

Arukh HaShulchan 10:4 contains a reference to Biur Halakhah 10 s.v. veyesh lah. Arukh HaShulchan 10:7 contains a reference to Biur Halakhah 10 s.v. ela im ken. Arukh HaShulchan 10:8 contains a reference to Biur Halakhah 10 s.v. veain lah kenafot. Arukh HaShulchan 11:8 contains a reference to Biur Halakhah 11 s.v. vehu. Arukh HaShulchan 11:22 contains a reference to both Mishnah Berurah 11:27 and 11:29 and the Biur Halakhah, which explains this. Arukh HaShulchan 12:4 contains a reference to Biur Halakhah 12 s.v. im nepseku. Arukh HaShulchan 14:5 contains two references to Biur Halakhah 14 s.v. hetil yisrael. Arukh HaShulchan 25:23 contains a reference to Biur Halakhah 25 s.v. vehakhi nohug. Arukh HaShulchan 25:26 contains a reference to Mishnah Berurah 44. Arukh HaShulchan 62:3 contains a reference to Biur Halakhah 62 s.v. yachol lekrotah bekhol lashon. Arukh HaShulchan 76:21 contains a reference to Biur Halakhah s.v. kara bemakom. Arukh HaShulchan 76:4 contains a reference to Mishnah Berurah 77:8. Arukh HaShulchan 79:11 contains a reference to Mishnah Berurah 5. Arukh HaShulchan 79:17 contains a reference to Mishnah Berurah 79:29 or Biur Halakhah s.v. aval chalul. Arukh HaShulchan 87:7 contains a reference to Mishnah Berurah 9. Arukh HaShulchan 89:23 contains a reference to Mishnah Berurah 89:22. Arukh HaShulchan 89:24 contains a reference to Mishnah Berurah 89:24 and Biur Halakhah s.v. vekhen okhlin umashkin. Arukh HaShulchan 91:3 contains a reference to Biur Halakhah 91 s.v. hoyil vekhisah. Arukh HaShulchan 91:4 contains a reference to Biur Halakhah 91 s.v. yatza. Arukh HaShulchan 245:8 contains a reference to Mishnah Berurah 245:23. Arukh HaShulchan 247:13 contains a reference to Mishnah Berurah 247:18. Arukh HaShulchan 262:4 contains a reference to Mishnah Berurah 262:12. Arukh HaShulchan 263:19 contains a reference to Mishnah Berurah 263:49. Arukh HaShulchan 268:6 contains a reference to Biur Halakhah 268 s.v. veshelo bekavanah. Arukh HaShulchan 271:30 contains a reference to Biur Halakhah s.v. vehu rubo. Arukh HaShulchan 275:2 contains a reference to Biur Halakhah 275 s.v. leor haner. Arukh HaShulchan 301:122 contains a reference to Mishnah Berurah 301:176–177. Arukh HaShulchan 302:32 contains a reference to Mishnah Berurah 303:87-88. Arukh HaShulchan 302:9 contains a reference to Mishnah Berurah 301:2, 10, 11 and Biur Halakhah s.v. shaveh aleha. Arukh HaShulchan 306:22 contains a reference to Mishnah Berurah 306:16 and Biur Halakhah s.v. beketav shelahem. Arukh HaShulchan 319:19 contains a reference to Biur Halakhah 319 s.v. le’ekhol meyad. Arukh HaShulchan 319:22 contains a reference to Mishnah Berurah 319:21 and Biur Halakhah s.v. beshinui. Arukh HaShulchan 321:10 contains a reference to Mishnah Berurah 321:37–38. Arukh HaShulchan 328:39 contains a reference to Mishnah Berurah 328:145. Arukh HaShulchan 330:7 contains a reference to Biur Halakhah s.v. kol sheloshah yamim. Arukh HaShulchan 336:21 contains a reference to Biur Halakhah 336 s.v. mutar lelakh.

A question that can only be speculated about is whether the Arukh HaShulchan is ever responding without citation to the Mishnah Berurah (for example, in the case of married women and hair covering in the synagogue in Orach Chayim 75). Rabbi Eitam Henkin (p. 314) quotes the famous observation of this father, Rabbi Yehuda Herzl Henkin in Shut Benai Banim 2:18 that there are countless times where the Aruch HaShulchan is responding, without citing, the Mishnah Berurah. Rabbi Eitam Henkin then provides a list of such possible cases.

[1] See Rabbi Eitam Henkin, Ta’arokh Lifanai Shulchan: Chayo Zemano U’mepa’alo Shel Harav Yechiel Mikhel Epstein Baal Arukh Hashulchan, pp. 245-246.

[2] See as well the following article by Rabbi Eitam Henkin where he makes this claim as well:

‘ספרי ערוך השלחן – סדר כתיבתם והדפסתם’, חצי גבורים – פליטת סופרים, ז (תשע”ד), עמ’ תקטו-תקלו

Copies of the first editions can be found in the Hebrew University Library.

[3] Kitvei Ha-Arukh Hashulchan, no. 104.

[4] See Rabbi Eitam Henkin’s book at pages 234–235.

[5] See Kitvei Ha-Arukh Hashulchan, no. 56.

[6] See Printing of the Arukh HaShulhan: The Missing Line About Rabbi Epstein’s Daughter for more on the posthumous publication of volumes.

[7] Rabbi Meir Bar-Ilan, From Volozhin to Jerusalem 269-271 (1939-1940) [Hebrew].

[8] See Rabbi Eitam Henkin’s work תערוך לפני שלחן at pages 229–257 for a detailed discussion of the publication difficulties and schedule of the Arukh HaShulchan.

[9] Twice Arukh Hashulchan refers to the work by its formal name, Mishnah Berurah, and all the remaining times by an acronym מ”ב or המ”ב.