json/Responsa/Acharonim/Teshuvot Maharshal/English/Sefaria Community Translation.json

{
    "language": "en",
    "title": "Teshuvot Maharshal",
    "versionSource": "https://www.sefaria.org",
    "versionTitle": "Sefaria Community Translation",
    "actualLanguage": "en",
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    "heTitle": "תשובות מהרש\"ל",
    "categories": [
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        "Acharonim"
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    "text": [
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        [
            "Question: Is a sick person permitted to ask [for advice or support from] sorcerers among non-Jews? ",
            "Already, before me, the Maharai (Israel Isserlein, an early 15th-century halakhist of Austria), may his memory be for a blessing, wrote about seeking out sorcerers and magicians, that we do not find an explicit prohibition in the matter, for [in the prohibition of] asking a medium or a wizard, the Torah exclusively warns about these [two types] because they are the worst sort, but there is no stricture on the rest of the sorcerers in general.",
            "And this is proved in an opening passage of Yevamot (4a) where we ask about the requirement to stone a sorceress, and we don’t derive her sentence from the category of the medium and the wizard.",
            "For we cannot say that the prohibition on the medium and the wizard derives from, “Before a blind person, do not place an obstacle” (Lev. 19:14), which is Rabbi Yishmael’s position in the chapter Arba Mitot (Sanhedrin 56b), about the Children of Noah [non-Jews], that they are prohibited from magic, since we do not rule in favor of R Yishmael {I think this is actually referring to R Yosi}",
            "For all of Talmud teaches that Children of Noah are only commanded in the seven commandments, and the Riba (Isaac ben Asher Ha-Levi, 11th cent Tosafist) and Asheri (Asher ben Jehiel, aka the Rosh, 13th cent. halakhist) also ruled that it is not according to Rabbi Hizkiya/Hidkiya, who said that the Children of Noah are commanded on castration [or sorcery - the rest of the line of gemara in Sanhedrin 56b discusses sorcery in the name of Rabbi Shimon]",
            "And if so, there is no prohibition here, only the positive commandment to “be whole-hearted” [with the Lord your God, Deut. 18:13] as it is written, and it seems from his words that he is not proclaiming a real prohibition. And I say, with all due respect [to the Rosh], he did not read the words of the Rambam carefully enough, as he wrote in chapter 11 in Idol Worshippers, “It is forbidden to do magic or to ask a magician, rather we inflict the lashes of rebellion upon the asker, and the magician who actually does this act [of magic] is lashed” etc. (Mishneh Torah, Avodat Kochavim, chapter 11)",
            "And if so, you can see that he explicitly declares that both of them are prohibited [by Torah], but because here [in the case of the question being asked] there is no [actual] act, we do inflict merely rabbinic lashes upon him [as opposed to biblical], as he wrote in that same chapter about the asker of a medium, and what is written in that same chapter that they are in the general prohibition because of “wholehearted you shall be” (Deut. 18:13), this is specifically for those who believe in them. On this he says that he is among fools and idiots, and the Torah warns against this nonsense and those who believe in it and think that it’s the truth, as he wrote explicitly, “And only on those who believe,” wrote Rambam in that same chapter, [in the case that] his work or his profession in a fixed way is an astrologer of the heavens, indeed he is lashed.",
            "And I say that Rambam was reasoning about what is written in the Torah about one who asks a medium or a wizard specifically, but in these other cases written about in this passage, for example, a meunan (necromancer), menachesh (fortune teller), kosem (magician), and a mechashef (sorcerer), the Torah only associated “the asker” with the prohibition on “the medium” because it is making a distinction between “the asker” [aka, one who wants to actually call forth a spirit] and one who turns to the medium themself. ",
            "For one is a venal sin and the other is a mortal sin, which is not true about all of the others, but, in fact, the word “the asker” refers to all of those verses which precede it. Indeed, and also since a medium has no method other than asking, since even one who turns [to them] can only ask, and behold, the proof is that Rashi explained that the prohibition extends to one who turns [to a medium, not just the asker], and it is for that reason that the Torah wrote “One who asks a medium”",
            "And the same is true in all those cases in which the manner of performing the magic does not involve asking a question, but rather doing the act itself. Even so, one who asks them is liable [to biblical punishment].",
            "But nonetheless, in Ramban’s teshuva I found that specifically the medium and the wizard are what the Torah forbids [a person from] asking, but you don’t have the other ones that are written in the verse. And [here’s Ramban’s quote]: “[If] an Israelite asks a non-Jewish sorcerer, this is only forbidden because of “wholehearted you shall be,” like one who asks astrologers,” and once we’ve come to this conclusion, it seems that even a regular sick person is not forbidden from asking a sorcerer or magician according to what Rambam reasoned, that there is no warning rather a prohibition in all cases because of “wholehearted you shall be” ",
            "And also, it’s not really a prohibition, it’s a mere midrashic interpretation, because it’s not listed in the general mitzvot or the positive commandments, and also the essence of the text is to be wholehearted, which is to be faithful with God, May He be praised, to remember Him and be assured of him, to etch him in the heart of man, and because of this, in the case where one is sick, it is not appropriate to be stringent and turn [this drash] into a prohibition.",
            "But in any case, I say that since the essence is that he is prohibited them since they are vanities and frauds and things of trickery, and there is nothing real in them.",
            "If so, what is the reason not to be lenient in general with asking sorcerers because of “wholehearted you shall be” since there is nothing real in them and all of it is silliness? ",
            "He [Rambam] said that a sick person who is in danger is permitted, even according to the Rambam, since sometimes they [the non-Jewish sorcerers] are correct and find things that are real and accurate, and even a doubtful risk of death pushes off Shabbat, which is [a crime punished by] stoning -- so all the more so in this case!",
            "But where there is no danger to life, no [this is not permitted]. Even [in a case of] danger of limb [this is prohibited], because all of the Achronim disagree with Rabbenu Tam, who compared the danger [of loss of] limb to the topic of desecrating. Desecrating Shabbat for danger to one’s life, the analogy is clear [but this is not the case for danger to limb, so it is prohibited in this case]",
            "And in any case, sometimes he sees [fit to] be lenient even on things where there is no danger to life, rather danger to limb, for example when it is known that a sick person comes to a person who does magic or in a case [where there is] a bad spirit, that it is permitted to ask them, according to the words of the Rambam, in their eyes or similar to them, most sorcerers know and find help and medicine [ie, they may be pseudo-doctors] and it is possible, even according to Rambam, that he will see to find a leniency and to say that the Torah does not prohibit magic in this manner, that it came only to expel and cancel magic and bad spirits and the like, for the Torah only prohibited asking of them and pursuing after them and believing in them when it is true in their eyes",
            "And there is some proof of this matter in that the Sanhedrin would learn magic in order to cancel magic of those condemned to death.",
            "And in this manner, I found in the responsum of Rav Menachem, Moreh Tzedek, to learn from a magician the matters of magic in order to save himself or others.",
            "And I found for this a powerful support in the chapter “Kol Habasar” (Chullin 105b) that tells there [the story of when] Rav Hisda and Rabba bar Bar Huna were traveling on a boat, and a woman said to them, “Seat me together with you,” but they didn’t seat her with them. She said a word and the boat was tied [stuck in place]. They also said something and released it. And they all permitted that it is permitted to cancel magic with magic, and all the more so when a non-Jew does it. But on a different matter, for example just a general sick person who is not in danger, I cannot find a leniency at all. ",
            "Words of Shlomo Luria \n"
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        [
            "Question: He should teach us, our teacher, the order of the relation between the Gaonim that authored books. ",
            "Answer: The order for the relations, I have no absolute tradition, but every person that reads the books of the (halachic) decisors, out of regularity with their words and their argument, through deeds (stories) he will recognize a little of the order of their genealogies. ",
            "I will copy for you what I found copied. ",
            "Rav Hai Gaon received Torah from Rav Sherira Gaon his father and was appointed as Gaon at the age of 20 in the year 4736 from Creation. From then on the Geonim ceased. Rabbi Gershom 'Light of the Exile' received from Rav Hai Gaon and passed away in the year 4800. Rashi was born that year and lived 65 years and passed away in the year 4465. He transmitted to Rabeinu Eliyahu Hazaken who composed the 'Azharos' - the husband of the sister of Rav Hai Gaon and the brother of Rabeinu Yekutiel. Also, Rabeinu Chananel received from Rav Hai Gaon. R' Yitzchak HaAlfasi and R' Natan the author of the 'Aruch' received from Rabeinu Chananel. From Rabbi Yekutiel the brother of Rabeinu Eliyahu Hazaken,  emerged sons (of 'yomani') and the third R' Yitzchak bar Menachem who is buried in Orleans. In their days was Elazar HaGadol and R' Shimon HaGadol from Mainz and R' Shlomo Habavli and R' Kalonymus his father from Lucca. R' Gershom from Metz received from them, and they were the greatest of those learned in Torah who are mentioned in many places. Receiving from them were R' Yakov HaZaken bar Yakar and Rabeinu Yitzchak bar Yehuda who is called 'Morei Tzedek' and Rabbi Yitzchak Halevi who is called 'Sgan Levia' from Worms, and Rabeinu Kalonymos Ish Romi was in his days. And Rabeinu Avraham Hakohen who made 'Birchas Chasanim' and R' Yehuda Hakohen who made 'Sefer Hadinin' and Rav Yosef Tuv Elem much preceded them. Also, Rabeinu Binyman the Poet son of R' Shmuel preceded, and his days was R' Meir Shaliach Tzibbur. Rabeinu Shlomo, who is called 'Rashi' received from Rabbi Yitzchak bar Yakar and from Rabeinu Yitzchak Segan Levia and from R' Yitzchak bar Yehuda. In his days was massacres ('גזרת כלו - the decree of eradication [כלו=56]) of 4856, about which he composed [the selicha], \"tanut tzarot lo nuchal (rest, troubles, we are not able)\" and cursed them [the enemies] with the shamta-curse \"titnem lecherpa v'klala (put them to shame and curse)\" and did not forget one of them. Also, R' Eliakum HaLevi received with Rashi from his teachers, and also interpreted four Orders [of the Mishna]. Rabbi Yitzchak bar Asher HaLevi [Riva] of Speyers was his son in law. Rabbi Yaakov ben R' Yitzchak Sgan Levia, who was called Rabeinu Yaavetz, was in his day. In the year 4865 the candle of Israel, Rashi, passed. R' Shmuel bar Meir ruled after him, and R' Yosef Dinbrit and Rabbeinu Tam his brother served before him. And Riva came to serve before him and returned to his place. And R' Eliezer bar Natan, who is called 'Ravan,' who composed the book Tzafnat Paneach, received from Rabeinu Yaavetz and from his father-in-law Rabeinu Eliakum bar Yosef. The sons in law of Ravan were Rabeinu Yoel bar Yitzchak Halevi of Kuna and Rabbi Shmuel bar Natronai, and his son is Moreinu Harav Rav Mordechai of Cologne, and his son is Moreinu Harav Rav Shlomo of Bruhl, and his son Mordechai and his son Rabeinu Harav Yehuda who is nicknamed Lieberman from Pressburg and his son Shlomo and Harav R' Uri. After R' Shmuel ruled Rabeinu Tam; before him served Harav R' Yaakov Holanze and R' Yitzchak bar Baruch and Harav R' Yosef Bechor Shor and Rabeinu Chaim Cohen and Rivam (R' Yitzchak ben Meir) and R' Yitzchak HaLavan and R' Yitzchak of Ramerupt and Harav Rav Binyamin of Cambridge/Canterbury and R' Yitzchak bar Mordechai and Rabeinu Eliezer of Meitz and R' Moshe Cohen the Ashkenazi. In his days were Rabeinu HaChasid, Eliyahu HaChasid of Paris, R' Menachem bar Peretz of Joigny, R' Chizkiya of Alzura, R' Meshullem of Melun and R' Efraim the benefactor of Regensburg. After Rabeinu Tam ruled his nephew Ri (Rabeinu Yitzchak) in Ramerupt and in the year 4944 his son R' Elchanan was killed. Great people served before Ri; he enlightened the eyes of the sages with his arguments and innovations. These served before Ri; Rabbi Moshe Cohen the Ashkenazi, R' Ezra HaNasi, R' Shimon of Joinville, Rabeinu Shimon of Sens, a man of erudition and Rabeinu Yitzchak his brother. Rabeinu Baruch bar Yitzchak who composed Sefer HaTerumah, R' Yehuda bar Yitzchak of Paris, R' Shimon of Coucy, Harav R' Shlomo of Dreux. In his days were Rabeinu Shemarya of Speyer who received from Riva in Speyer, and his days was R' Eliezer of Metz in Mainz. These served before Rabbi Eliezer ben Rabbi Yoel HaLevi, who is called 'Avi HaEzri'; R' Simcha bar Shmuel, R' Baruch, R' Yehonatan was in his days, and R' Eliezer of Worms, R' Yehuda HaChasid son of Rabeinu of Toul who birthed HaRav R' Aharon of Regensburg and R' Yehuda. In the days of R' Eliezer of Metz and his brother Rabeinu Meir and his brother Rabeinu David of Wurzburg who birthed Rabeinu Meshulem of Wurzburg and his brother R' Yehuda who composed a piyut, etc, was Rabeinu Yoel bar Yitzchak HaLevi and his son 'Avi HaEzri'. I return to the sages of France. After Rabeinu Yitzchak of Dampierre passed, ruled Rabeinu Yitzchak bar Avraham and R' Shimshon his brother went to Jerusalem and was buried by the feet of the Carmel at an old age. After Rabeinu Yitzchak of Ramerupt ruled Rabeinu Yehuda in Paris and Rabeinu Shimoshon in Sens and Rabbi Yitzchak in 'Tefira' and HaRav R' Aharon of Regensburg and R' Yehuda Cohen of Wurzburg learned before him. HaRav R' Shlomo in Treves and Harav R' Elazar of Keskana. In 4484 Gur Aryeh [Rabeinu Yehuda?] passed away in Paris at the age of 54 and in that year passed away Rabeinu Menachem Verdanis. After R' Yehuda ruled R' Yechiel and HaRav R' Yehuda in Melun and HaRav Shmuel in the city Troyes and HaRav Rabeinu Yaakov in Orleans ... and Harav R' Netanel Chinon, and HaRav R' Moshe in Evreux in ... Moreinu HaRav R' Yitzchak bar Shmuel who is buried in Worms served before him. And in their days was HaRav Rabeinu Shmuel ben Rabeinu Elchanan and Mori HaRav R' Yitzchak Chozeh served before him. And in their days was Rabeinu Yehuda in ... and HaRav Rabbi Shmuel bar Shlomo who is called Sir Evil. From both of them received HaRav Rabbi Meir, the Merciful one guard him and all of Israel. Again I found Rabbi Shimon HaGadol bar Yitzchak HaChasid bar Avin who was great in Torah and wisdom and wealth and the secrets to intepret every letter in 49 perspectives, he is the R' Avin HaGadol who came out from the seed of HaRav Rabbi Yosef HaZaken ben Rabeinu Shimon from the country of Mens/Mansh, who composed the Azhara 'Atah Hinchalta' and he was the equal of Rabeinu Eliyahu HaZaken who composed the Azhara 'Emes Yehege Chaci.' Rabeinu Avin HaGadol gave birth to R' Yitzchak Chasid and R' Yehoshua Chasid. Rabeinu Yitzchak Chasid his brother gave birth to Rabeinu Kalonymus HaZaken who gave birth to Rabeinu Shmuel Chasid the holy prophet, who gave birth to Rabeinu Avraham of Speyer and Rabeinu Yehuda Chasid of Speyer who they exiled from the land of their birth to the city of Regensburg, through the event that his wife touched his box, and he warned her 'do not near the box when you are not pure,' and she forgot about it and touched it, and secrets and holiness were written on pamphlets in that box. All these holy pious people (Chassidim) game from the seed of R' Meshulem HaGadol ben Rabeinu Kalonymus ben R' Moshe haZaken who gave birth to R' Chananel and R' Kalonymus and Rabeinu Itiel and Rabeinu Yekutiel of Speyer. Rabeinu Moshe HaZaken is the one who composed 'Eimat Noratecha' he is Rabbi Moshe HaZaekn ben Rabbi Kalonymus ben Rabeinu Yekutiel ben Rabeinu Moshe ben Rabana Meshulem ben Rabana Itiel ben Rabana Meshulem... and Rabeinu Moshe Hazaken was brought by King Charles with him from the city of Lucca in the year 849 to the destruction of the Temple, may it be rebuilt speedily in our days, Amen, Amen, Selah. "
        ]
    ],
    "sectionNames": [
        "Teshuva",
        "Paragraph"
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}