| Mahari Weil | |
| מהר"י וייל | |
| merged | |
| https://www.sefaria.org/Mahari_Weil | |
| This file contains merged sections from the following text versions: | |
| -Sefaria Responsa Anthology | |
| -https://www.sefaria.org | |
| Mahari Weil | |
| Teshuva 1 | |
| Teshuva 2 | |
| Teshuva 3 | |
| Teshuva 4 | |
| Teshuva 5 | |
| Teshuva 6 | |
| Teshuva 7 | |
| Teshuva 8 | |
| Teshuva 9 | |
| Teshuva 10 | |
| Teshuva 11 | |
| Teshuva 12 | |
| Teshuva 13 | |
| Teshuva 14 | |
| Teshuva 15 | |
| Teshuva 16 | |
| Teshuva 17 | |
| Teshuva 18 | |
| Teshuva 19 | |
| Teshuva 20 | |
| Teshuva 21 | |
| Teshuva 22 | |
| Teshuva 23 | |
| Teshuva 24 | |
| Teshuva 25 | |
| Teshuva 26 | |
| Teshuva 27 | |
| Teshuva 28 | |
| Teshuva 29 | |
| Teshuva 30 | |
| Teshuva 31 | |
| Teshuva 32 | |
| Teshuva 33 | |
| Teshuva 34 | |
| Teshuva 35 | |
| Teshuva 36 | |
| Teshuva 37 | |
| Teshuva 38 | |
| Teshuva 39 | |
| Teshuva 40 | |
| Teshuva 41 | |
| Teshuva 42 | |
| Teshuva 43 | |
| Teshuva 44 | |
| Teshuva 45 | |
| Teshuva 46 | |
| Teshuva 47 | |
| Teshuva 48 | |
| Teshuva 49 | |
| Teshuva 50 | |
| Teshuva 51 | |
| Teshuva 52 | |
| Teshuva 53 | |
| Teshuva 54 | |
| Teshuva 55 | |
| Teshuva 56 | |
| Teshuva 57 | |
| Teshuva 58 | |
| Teshuva 59 | |
| Teshuva 60 | |
| Teshuva 61 | |
| Teshuva 62 | |
| Teshuva 63 | |
| Teshuva 64 | |
| Teshuva 65 | |
| Teshuva 66 | |
| Teshuva 67 | |
| Teshuva 68 | |
| Teshuva 69 | |
| Teshuva 70 | |
| Teshuva 71 | |
| Teshuva 72 | |
| Teshuva 73 | |
| Teshuva 74 | |
| Teshuva 75 | |
| Teshuva 76 | |
| Teshuva 77 | |
| Teshuva 78 | |
| Teshuva 79 | |
| Teshuva 80 | |
| Teshuva 81 | |
| Teshuva 82 | |
| Teshuva 83 | |
| Teshuva 84 | |
| Teshuva 85 | |
| Teshuva 86 | |
| Teshuva 87 | |
| Teshuva 88 | |
| Teshuva 89 | |
| Teshuva 90 | |
| Teshuva 91 | |
| Teshuva 92 | |
| Teshuva 93 | |
| Teshuva 94 | |
| Teshuva 95 | |
| Teshuva 96 | |
| Teshuva 97 | |
| Teshuva 98 | |
| Teshuva 99 | |
| Teshuva 100 | |
| Teshuva 101 | |
| Teshuva 102 | |
| Teshuva 103 | |
| Teshuva 104 | |
| Teshuva 105 | |
| Teshuva 106 | |
| Teshuva 107 | |
| Teshuva 108 | |
| Teshuva 109 | |
| Teshuva 110 | |
| Teshuva 111 | |
| Teshuva 112 | |
| Teshuva 113 | |
| Teshuva 114 | |
| Teshuva 115 | |
| Teshuva 116 | |
| Teshuva 117 | |
| Teshuva 118 | |
| Teshuva 119 | |
| Teshuva 120 | |
| Teshuva 121 | |
| Teshuva 122 | |
| Teshuva 123 | |
| “For the sins of their mouths, the words of their lips” of Feivush of Munich, who swore falsely to the tax assessors at Regensburg according to his admission. I have been asked to search and seek repentance on his behalf and atonement for the sin he committed. With a contrite heard and tottering limbs, he is perplexed and regretful over the error he caused, and the Sages stated that “we assist one who comes to cleanse himself.” I have therefore acceded to his request to prescribe a remedy for him, which will be effective to return him to his basis and foundation, to his acceptability and integrity, so that the wayward will learn to understand. | |
| It is stated in the chapter “Shevu’at Ha-dayanim” (Shevu’ot 38b): “The whole world shook when the Holy One said ‘Do not take the Lord’s name in vain.’” And the Sages listed oaths in vain among the most severe sins. And Roke’ah states that oaths are so severe, that it is like denying the principle [of God’s existence]. Therefore, I say that he should be flogged prior to the recitation of Ve-hu Rahum in the evening three times, on Monday, Thursday, and Monday, in the synagogue. After the flogging, he should confess aloud so that all hear him. He should say in the Ashkenazic language (=Yiddish): “I swore falsely, by my own admission. I have sinned. I have been crooked. I have transgressed. I will never return to that path, and because I committed this sin, I have been flogged.” | |
| This is similar to what Or Zaru’a wrote concerning the case in the chapter “Gid Ha-nasheh” (Hullin 93b) concerning a butcher who was found to have overlooked forbidden fats, even though it was not necessarily intentional, and even though it was not a severe transgression. We may not distinguish on the grounds that the other case had such a severe punishment because he caused others to sin, because, as has been explained, in that case it is not clear that he was willful, and it is not one of the severe transgressions like swearing in vain. Therefore I say that we should be at least as harsh in this case as in that case. Moreover, since his sin has been publicized to the masses, there is a desecration of God’s name, so we should not go easy on him. | |
| Roke’ah also states that he should be flogged several times and fast for forty consecutive days, except for Shabbat, Rosh Hodesh, and festivals, and when he completes the forty-day fast, he should make up the number of Shabbatot, Roshei Hodesh, and festivals that coincided with those forty days. Then he should fast on Monday and Thursday for an entire year. If he cannot tolerate the pain of fasting after those forty days, he should give money to charity and suffer a different pain, as the sages of that city will impose upon him. He should take care, for the rest of his life, that no oath leaves his mouth, even if true, and even in the language of Ashkenaz, as stated in Roke’ah. | |
| If there are no witnesses that he took a false oath except for the assessors or other witnesses from within the communal authorities (kahal), then he is not disqualified from taking an oath, for they are all interested parties, as they impose fines that go into their own wallets. They have also assessed more based on his confession, and thus they all derive benefit from him. This does not require an involved discussion. Even though he admits, one cannot self-incriminate, and presumably there are no other witnesses other than those from the communal authorities. And even before he repents, he is not disqualified from taking an oath unless there are other witnesses who are not from within the communal authorities. | |
| So states the insignificant Yaakov Weil. | |
| Teshuva 124 | |
| Teshuva 125 | |
| Teshuva 126 | |
| Teshuva 127 | |
| Teshuva 128 | |
| Teshuva 129 | |
| Teshuva 130 | |
| Teshuva 131 | |
| Teshuva 132 | |
| Teshuva 133 | |
| Teshuva 134 | |
| Teshuva 135 | |
| Teshuva 136 | |
| Teshuva 137 | |
| Teshuva 138 | |
| Teshuva 139 | |
| Teshuva 140 | |
| Teshuva 141 | |
| Teshuva 142 | |
| Teshuva 143 | |
| Teshuva 144 | |
| Teshuva 145 | |
| Teshuva 146 | |
| Teshuva 147 | |
| Teshuva 148 | |
| Teshuva 149 | |
| Teshuva 150 | |
| Teshuva 151 | |
| May peace inundate you forever, holy community of Regensburg, may God protect it, and my disciples, the holy society. We return for your benefit, for it has been several days since my relative by marriage, the strong hammer R. Yisrael of Bruna (=Brno, Czech Republic) wrote to me, and we have accepted this, how R. Anshel, may the Rock protect him, resolved to disrespect him, saying that he (R. Anshel) alone will rule and serve in all rabbinic capacities: divorces, levirate divorce, issuing rulings, and the like. His spirit moved him to push away R. Yisrael of Bruna, may the Rock protect him, and treat him as one of the students, completely removing his prestige. | |
| Whenever R. Yisrael of Bruna wrote to me, my answer to him was always that he should remain silent and be one of those who accepts insult, for I hoped that men of truth who pursue justice would find a solution. My hopes have been disappointed, for nothing has changed for the better, only for the worse. | |
| Since we have seen that this is the case, we cannot countenance the shaming and degradation of the rabbi of Bruna, as I would fear punishment, as we see in the chapter “Ha-sokher et Ha-po’alim” (Bava Metzi’a 83b) in the case of Rabbi Eliezer. | |
| For the sake of truth, justice, and peace, so that dispute does not proliferate, I will write my opinion. | |
| Since the community chose neither R. Anshel nor R. Yisrael, and both must pay dues like all the laymen, neither of them has a stronger hold (hazaka) than the other. Although R. Anshel was in Regensburg before R. Yisrael’s arrival, this does not give him a better hold, since the community did not accept him upon themselves as a leader or an officer. He is like one of the laymen who lives in the city; if another layman comes to live nearby in the same city, the first layman cannot say that he already possessed it, since nowadays the Settlement Ban (“Herem Ha-yishuv”) is not practiced. This accords with the statement on the chapter “Lo Yahpor” (Bava Batra 21b): “If he is levied taxes in this place, [another] cannot prevent him [from setting up a competing business],” meaning, if he wants to pay local taxes, as stated in Mordechai. | |
| Furthermore, Or Zaru’a states: | |
| If he is a Torah scholar, and people require his Torah, then even if he came from a different kingdom, which does not pay tribute to the ruler of this city, he cannot be prevented. Certainly, in such a case, R. Gamliel would not agree to forbid settlement of any sort on a Torah scholar. Even if there is another Torah scholar in the city, for ‘the jealousy of scribes increases wisdom.’ If he does not know how to profit, but always studies, then the townspeople are commanded to work on his behalf. If he is wealthy, the Torah exempts him from paying tax. | |
| Thus, he wrote plainly “even if there is another Torah scholar in town,” and he did not differentiate between where the townspeople accepted the first Torah scholar as a leader and officer and where they did not. In all cases, we cannot prevent [a second scholar from moving in], and if he is wealthy, the Torah exempts him. We thus see that the second Torah scholar has a hold just like the first one. | |
| We have also seen, in our own generation, several places where there are two rabbis, and we have not heard that one would have more of a hold than the other. | |
| In Vienna were R. Meir Halevi and R. Aavraham Klausner, of blessed memory. | |
| In Krems were R. Yehoshua of Eger and R. Nahlifa, of blessed memory. | |
| In Nuremberg were R. Yisrael and R. Koppelman, of blessed memory. | |
| In Mainz was R. Zalman Runkel and R. Todros, of blessed memory. | |
| I studied in the yeshiva of R. Zalman Runkel. R. Yaakov Moelin (Maharil), of blessed memory, permitted me to set up a yeshiva on my own in Nuremberg, even though R. Zalman Katz had been there several years before I arrived, but I did not want to accept this upon myself. | |
| For the reasons I have written, I believe that R. Bruna has as much of a hold as R. Anshel on all matters, and R. Yisrael may preside over those of high standing, whether to establish his own yeshiva, to grant writs of divorce, perform levirate divorce, issue rulings, and recite the benedictions at weddings, and none may protest against him. | |
| One who turns his heart from heeding me, whether in private or in public, I will seek retribution from him and extract the matter from his ear. You, my disciples, be careful not to transgress my word, and also be careful about my honor. Consider the ways of the world; for my part, I do not permit. Whatever a disciple must do and accept from his master—do it. I am astonished that you see this and are silent. You should have made efforts to bring peace between them, so that it does not, God forbid, cause destruction. There are already several communities that have been destroyed due to dispute. Seek justice. Seek peace. The words of the insignificant Yaakov Weil. | |