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Levi Cooper

Pardes Institute of Jewish Studies, Faculty, Faculty Member

Tel Aviv University, Buchmann Faculty of Law, Adjunct

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Wojciech Tworek

University of Wroclaw

University College London

Tel Aviv University

Ariel Evan Mayse

Stanford University

Maya Balakirsky

Bar-Ilan University

Ada Rapoport-Albert

University College London

University of California, Santa Barbara

Shandong University, China

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Papers by Levi Cooper

Towards a Judicial Biography of Rabbi Shneur Zalman of Liady

Social Science Research Network, Dec 12, 2012

This study seeks to forge a new avenue of legal scholarship on the modern religious movement know... more This study seeks to forge a new avenue of legal scholarship on the modern religious movement known as Hasidism. The paper focuses on Rabbi Shneur Zalman of Liady (ca. 1745-1812)-Hasidic master, religious thinker, and jurist. Much has been written on Shneur Zalman, his formidable leadership in the face of strident opposition and his groundbreaking religious philosophy. His legacy continues to animate contemporary Judaism, primarily through his spiritual heirs-the Lubavitch Hasidic community-and through his Hasidic thought known as Chabad. The present study maps out an aspect which has been widely neglected, but is nonetheless crucial to understanding this religious leader: Rabbi Shneur Zalman's legal activity. The rst part of the study surveys existing research, assessing what has been achieved thus far, and what tools are available for further research. The second part of the essay highlights salient questions to be considered as part of a judicial biography, offering preliminary answers to these questions. The article concludes with the contention that without serious analysis of Rabbi Shneur Zalman's legal writings-or for that matter, legal writings of Hasidic masters in general-any intellectual history of this religious movement will be incomplete.

Rabbi Akiva Eger and the Second Cholera Pandemic: Legislation, Social Action, and Mysticism

Jewish Law Association Studies, 2022

In the shadow of the COVID-19 pandemic, it was only days before the 2020 High Holy Days that it b... more In the shadow of the COVID-19 pandemic, it was only days before the 2020 High Holy Days that it became clear what type of public prayer services-if any-could be held. In many places around the world, communal leaders were forced to scramble to provide solutions for their members, while individuals made last minute decisions about whether and where they would attend services. In Israel, after much to and fro, Government guidelines were finalised on the day before Rosh Hashanah. In other places, such as Melbourne, Australia, in-person High Holy Day services were forbidden. This experience is the backdrop for the present study. A. Royal Commendation On September 5, 1831, the King of Prussia, Friedrich Wilhelm III (1770-1840) penned a note of appreciation commending the rabbi of Posen for his leadership in the battle against cholera. 1 The letter was addressed to "Ober-Rabbiners Moses Eiger"-Moses being the name of the father of the recipient, the renowned Rabbi Akiva Eger (1761-1837). 2 Rabbi Akiva Eger's fame rests primarily on his Talmudic acumen and his authority as a decisor of Jewish law. 3 His curt and often cryptic Talmudic cross-references were first printed in  This article began as a series of Hebrew lectures delivered in my community in Zur Hadassa, Israel, during the coronavirus pandemic that reached Israel in February 2020. I appreciate the feedback, suggestions, and encouragement I received from participants in those classes. I also wish to thank

Munkatch the Reactionary Rebbe

Segula, 2014

Background: There is no consensus on the optimal drainage technique in the management of biliary ... more Background: There is no consensus on the optimal drainage technique in the management of biliary anastomotic strictures occurring after right-lobe living-donor liver transplantation (RL LDLT). Aims: To investigate whether there is a superiority between unilateral and bilateral drainage groups in terms of efficacy and safety of biliary drainage in RL LDLT patients undergoing double-biliary reconstruction. Study design: Retrospective Cohort Methods: Between January 2009 and August 2019, 1693 patients underwent RL LDLT. Of these, 182 patients who developed biliary anastomotic strictures out of the 306 patients who had double-biliary reconstruction, were included in the study. One hundred fifty-five patients with technical success were divided into 2 groups as unilateral (n=116) and bilateral (n=39) drainage groups. The groups were compared in terms of variable parameters such as clinical success, additional procedure, post-ERCP complication, procedures after clinical failure, hospital stay, mortality, and survival. Results: The clinical success was higher in the bilateral group (70% vs. 82%, P = .201). In the initial and the follow-up periods, a total of 44 (38%) patients in the unilateral group were switched to the bilateral drainage group due to the increased need for stenting. The placement of a stent successfully solved the problem only in 28% (32/117) of the patients in the unilateral group, while this rate was 44% (17/39) in the bilateral group. The median follow-up time of both groups was 42 months, and was equal. The number of stent-free follow-up patients in the unilateral drainage group was less than that in the bilateral drainage group (4 and 7, respectively). Conclusion: An active attempt should be made for bilateral drainage in patients with biliary anastomotic stricture following RL LDLT. However, for patients in whom bilateral drainage is not possible, unilateral drainage may be recommended, with the placement of a maximum number of stents following primary biliary balloon dilatation, depending on the degree of stricture.

Pandemics in the Promised Land: The Hasidic Experience

Social Science Research Network, Dec 31, 2020

Jewish Law in the Beit Midrash of Hasidism

Social Science Research Network, 2020

Hasidism-the movement, its leaders and adherents, its ethos and religious message-is often cast i... more Hasidism-the movement, its leaders and adherents, its ethos and religious message-is often cast in shades of antinomianism or anomianism, suggesting that hasidic masters and their faithful disciples either flouted Jewish law or ignored it. According to this line, the hasidic attitude towards halakhah was not improvised, temporary, or provisional; rather, the disdainful attitude was ideological and systemic. In the following, I argue for a recalibration of this dominant narrative. My argument is rooted in the reality that-contrary to the widespread assumption-hasidic masters from the earliest days of the nascent movement were embedded in the world of halakhah and active in the legal realm. This aspect of Hasidism has yet to be fully explored. In order to banish the existing myth, I will first provide an account of the prevalent depiction: Where does it come from and how widespread is it? Unpacking this popular * This study has been awarded the 2020 prize for best legal history article by the Israeli History and Law Association. The study was conducted while I had the privilege of being an Academic Visitor at the Faculty of Law, University of Oxford. I am grateful for this opportunity, for the gracious assistance afforded me in the Bodleian Libraries during my visit, and to my host Professor Joshua Getzler. I had the opportunity to present portions of this research in various forums and am grateful for the feedback I received: Faculty of Law, Bar

Halakhah: Studying Hasidism - Sources, Methods, Perspectives

This chapter discusses the relationship between Jewish Law and Hasidism – the religious revival t... more This chapter discusses the relationship between Jewish Law and Hasidism – the religious revival that began in Eastern Europe in the second half of the eighteenth century and that continues to animate Jewish politics, religion, music, storytelling, and practice to this very day. Literary sources of Jewish law are presented and the hasidic contribution to each legal genre is detailed. This is followed by an overview of the state of research, and the contention that this fertile ground remains to be fully explored. The chapter concludes with a case study of hasidic headwear – fur hats known as shtrayml, spodik, or kolpik – and how they are treated in the writing of Rabbi Hayim Elazar Shapira of Munkacs (1871-1937), known by the title of his collection of responsa: Minhat Elazar. The shtraymel case study highlights the potential of Jewish legal writing from the hasidic milieu.

“But I Will Tell of Their Deeds”: Retelling a Hasidic Tale about the Power of Storytelling

The Journal of Jewish Thought and Philosophy, 2014

A famous Hasidic tale that depicts the decline of mysticism in Hasidic circles also bespeaks the ... more A famous Hasidic tale that depicts the decline of mysticism in Hasidic circles also bespeaks the power of storytelling. This study tracks the metamorphosis of this classic tale over a century of its retelling by writers-including Martin Buber, S. Y. Agnon, Gershom Scholem, Walter Kaufmann, Elie Wiesel, and Abba Kovner-who each fashioned the tale in their own image. These authors affirmed but also challenged the tale's message about the efficacy of storytelling. The use of the tale in Passover celebrations and other contemporary trends are also considered. The question is raised as to whether transmitters have a duty of care not to corrupt the story.

Gebrokts: Halakhah, Kabbalah, and the History of Hasidism מצה שרויה: הלכה, קבלה ותולדות החסידות

Diné Israel , 2022

The Hasidic custom on Passover is to avoid gebrokts – that is, matsah that has come in contact wi... more The Hasidic custom on Passover is to avoid gebrokts – that is, matsah that has come in contact with water. This article explores the practice as a case study for the adoption, popularization, and spread of Hasidic customs. The acceptance of the custom is linked to the approach of the nascent Hasidic movement towards Lurianic mystical lore and the quest to encourage the Jewish laity to embrace practices grounded in this tradition. This process contributed to the coalescence of Hasidic identity. A vector of this research explores the legal writings from the Beit Midrash of Hasidism as they pertain to the gebrokts custom. Rabbi Shneur Zalman of Liady was the first Hasidic jurist to relate to the custom. In an undated responsum he advocated the adoption of the practice, though he did not mention the custom in his code of law. The two sources provide freeze frames of the process of a custom germinating in an emerging community. This is a rare opportunity to pinpoint such a process. The case of gebrokts in the Hasidic milieu is significant from an additional perspective. Customs that took root during Hasidism’s formative years were observed in communal spaces: Prayer rites and venues, white clothing, slaughter knives, the communal festive meal, and others. Gebrokts is an early case of Hasidic values entering the privacy of the home. As families sat down for the traditional Passover seder, Hasidism – in the form of the gebrokts stricture – was present at the festivities.

Jewish Law, Hasidic Lore, and Hollywood Legend: The Cantor, the Mystic, and the Jurist

Cantor Yossele Rosenblatt was offered an opportunity that would make any performer swoon: a star ... more Cantor Yossele Rosenblatt was offered an opportunity that would make any performer swoon: a star role in the groundbreaking film The Jazz Singer (1927). Yet Rosenblatt refused this artistic opportunity of a lifetime. This paper contextualizes Rosenblatt's baffling decision, by exploring one possible relationship between the arts and law; in this case-the art of storytelling and the Jewish legal system. The study demonstrates where the two pursuits tread separate, unlinked paths to a common end. This vector is refracted through the lens of liturgical performances outside the religious synagogue service; specifically the propriety of cantorial concerts featuring prayers from the High Holy Days. This issue is addressed in legal writing and in storytelling, each modality using its own tools to tackle the trend. It is noted that legal systems without effective enforcement mechanisms-such as Jewish law in the late modern period-could use arts as compensatory media for achieving societ...

Mysteries of the Paratext: Why Did Rabbi Shneur Zalman of Liady Never Publish His Code of Law?

This paper outlines the inconsistencies, idiosyncrasies, and unusual features of the code of Jewi... more This paper outlines the inconsistencies, idiosyncrasies, and unusual features of the code of Jewish law written by Rabbi Shneur Zalman of Liady (ca. 1745-1812) and first published posthumously in 1814-1816. The spotlight is cast on the code’s paratext – a notion introduced by French literary theorist Gerard Genette to describe any part of a work, except for the main body of the composition. The study offers a viable explanation for the unorthodox phenomena, by recounting the history of the code from its inception through its early editions. The account reveals that when Shneur Zalman died prematurely in 1812, his legal writings were in state of disarray. His sons cobbled together faulty, copied, and partial manuscripts in a valiant attempt to construct their illustrious father’s legal legacy. They utilised the paratext in order to frame the work, essentially creating a code out of a disparate array of legal writings. The results of their efforts would become known as Shulhan ‘Arukh ...

Legislation for Education

Polin: Studies in Polish Jewry Volume 30

IN THE LATE 1820s a set of takanot (regulations) regarding traditional Jewish education for all b... more IN THE LATE 1820s a set of takanot (regulations) regarding traditional Jewish education for all boys in Munkács, in Carpathian Ruthenia, at the time part of the Habsburg monarchy, was enacted by the local rabbinic leadership. They were titled Takanot tamkhin de’orayta (‘Regulations for the Support of Torah’), and over the next century they were copied and printed in different locations in eastern Europe. This chapter examines the ...

Esotericism, Accessibility, and Mainstreamisation: Pre-Prayer Gesturing and the Evolution of Jewish Practice

Moments before beginning the silent prayer, male and female synagogue attendees in Istanbul turn ... more Moments before beginning the silent prayer, male and female synagogue attendees in Istanbul turn to each other and offer a fleeting hand gesture. This study tracks this inimitable practice from its hazy origins, through almost four centuries to the present day. Beyond uncovering the sources of the custom and laying bare the justifications and explanations, this study considers the evolving meaning of this practice, demonstrating that the custom goes through different stages. The practice’s recorded history begins with esoteric kabbalistic lore, it then metamorphoses into an accessible template, before processes of mainstreamisation threaten its existence. The survival of the practice is protected in contemporary communities that function like Nature Reserves. Unique customs that are preserved in such Nature Reserves should be guarded and documented.

Culpability for Curses in Jewish Law and Mystical Lore הארי פוטר בהלכה ובאגדה

Would a court judging according to Jewish Law find Voldemort guilty for the murders of James and ... more Would a court judging according to Jewish Law find Voldemort guilty for the murders of James and Lily Potter? Voldemort had the intention to kill, yet the legal question is: Would Jewish Law consider the Killing Curse to be an act of murder? This study explores legal aspects of three magical phenomena – incantations that kill, automatic writing like Tom Riddle’s Diary, and food with different possible tastes like Bertie Bott’s Every Flavor Beans – as they are discussed in Jewish Law. In Jewish esoteric lore, magical phenomena have conventionally been the province of the mystically adept. Though laypeople may not have been proficient in magic, the mystical tradition dictated conduct. A by-product of this situation was that jurists considered legal implications of magic. Legal opinions on magical phenomena can therefore be found in Jewish legal literature, making this corpus fertile ground for analysis.Drawing on the fields of Comparative Law, Law and Literature, and Legal History, th...

מעמד ברכת החמה בחצרות חסידיות (The Blessing Over the Sun Ceremony in Contemporary Hasidic Courts)

The Blessing over the Sun (Birkat HaHama) is recited once every twenty-eight years. This study an... more The Blessing over the Sun (Birkat HaHama) is recited once every twenty-eight years. This study analyses the ritual as it was conducted in 2009 in three hasidic courts: Lubavitch, Munkatch, and Boyan. A comparative study of the choice of liturgical passages and of the manner of presentation of the liturgy, together with anecdotal evidence, reveals the narrative of each community. This narrative is not necessarily limited to this rare ceremony, and in some cases reflects the general attitude of the particular hasidic community. The uncanonised nature of the rite also exposes a theme that is common to the three hasidic courts discussed: the tension between fidelity to tradition and the creative spirit.

On Etkes' Ba'al Ha-Tanya

Review essay Immanuel Etkes’ Ba'al Ha-Tanya: Rabbi Shneur Zalman of Liady and the Origins of ... more

רבנות, הלכה, למדנות: היבטים עלומים בתולדות הרב לוי יצחק מברדיטשוב (Rabbinate, Law, Erudition: Unknown Aspects of the Life of Rabbi Levi Yitsḥak of Berdyczów)

הרב לוי יצחק מברדיטשוב היה בין הדמויות הבולטות בשחר החסידות. מלבד פועלו באפיק החסידי, ולצד דמותו ... more הרב לוי יצחק מברדיטשוב היה בין הדמויות הבולטות בשחר החסידות. מלבד פועלו באפיק החסידי, ולצד דמותו האגדתית הנצורה בזיכרון הקולקטיבי – ר' לוי יצחק גם עסק ברבנות ובהנהגה ציבורית, בענייני הלכה ובכתיבת שו"ת, בתלמוד תורה ובלמדנות תלמודית. רשימה זו סוקרת ומעריכה – ובמידה מסוימת גם גואלת – את הפעילות הלא-חסידית של ר' לוי יצחק בשלושה תחומים: רבנות, הלכה ולמדנות תלמודית. באמצעות בחינת ידיעות ועדויות ממקורות שונים ומפוזרים, ובעזרת בחינת תולדות הדפסת כתבי ר' לוי יצחק, ניתן להציץ מבעד למסך הזמן ולהבחין בדיוקן עשיר ומורכב של מנהיג חסידי שגם היה איש הלכה ולמדן. הארת היבטים עלומים אלו בתולדות ר' לוי יצחק מאירה גם על תולדות החסידות בתקופת גיבושה וגם על תולדות ההלכה, ובכך מוסיפה חלק לתצרף המורכב של היחס להלכה של הצדיקים בשחר החסידות.

The Assimilation of Tikkun Olam

Social Science Research Network, 2014

is most commonly heard as a slogan for activism, political involvement, and social justice. The t... more is most commonly heard as a slogan for activism, political involvement, and social justice. The term has had numerous lives, such that its endurance and malleability over time are truly impressive. It has been used as a pliable legislative justification for changing specific laws and as an eschatological ideal that may describe a human process or the divine end. It has had practical implications for some, and mystical connotations for others. In the twentieth century the term tikkun olam has been used in reference to Jewish political involvement, or to argue for abstinence from any political participation whatsoever. More recently it has become a banner, bandied around for almost any value, including energy conservation, recycling, government health care packages, the fight against terrorism, better nutrition, looking after stray animals, and the list goes on. This paper will touch on the main waystations of the term, starting with a brief look at the term's etymology, and journeying from rabbinic literature to modern times. This whistle stop tour will provide an overview of the vicissitudes of the term tikkun olam, and will demonstrate how it has come to connote a disparate array of values. Thus the term tikkun olam has been assimilated into modern, liberal, democratic discourse; it has come to serve as watchword for any value, even if a particular value-laudable as it may be-is not rooted in Jewish tradition. This trend raises a question that should be considered: What is the opportunity cost of the cultural assimilation of the term tikkun olam? This paper was written while I had the privilege of being a post-doctoral fellow in Bar-Ilan University's

Jewish Law, Hasidic Lore, and Hollywood Legend: The Cantor, the Mystic, and the Jurist (הלכה, חסידות, והוליווד: החזן, המיסטיקן, והמשפטן)

Cantor Yossele Rosenblatt (1882-1933) was offered an opportunity that would make any performer sw... more Cantor Yossele Rosenblatt (1882-1933) was offered an opportunity that would make any performer swoon: a star role in the ground-breaking film The Jazz Singer (1927). Yet Rosenblatt refused this artistic opportunity of the lifetime. This paper contextualises Rosenblatt’s baffling decision, by exploring one possible relationship between art and law; in this case – the art of storytelling and the Jewish legal system. The study demonstrates where the two pursuits tread separate, unlinked paths to a common end. This vector is refracted through the lens of performance of prayers outside of the religious synagogue service; specifically the propriety of cantorial concerts that presented prayers from the High Holy Day liturgy. This issue appears in Jewish legal writing and in storytelling – each modality using its own tools to tackle the trend. It is noted that legal systems without effective enforcement mechanisms – such as Jewish law in the late modern period – could use arts as compensato...

Polish Hasidism and Hungarian Orthodoxy in a Borderland: The Munkács Rabbinate

This study focuses on the rabbinate of Munkacs, situated in Subcarpathian Rus’. By tracing the ep... more This study focuses on the rabbinate of Munkacs, situated in Subcarpathian Rus’. By tracing the epistolary networks of Munkacs rabbis, and garnering what we know about the rabbis’ origins and activity, it is possible to sketch the influences that gave this town’s rabbinate its character. This study spans the period from the earliest recorded rabbi of Munkacs through to the end of the nineteenth-century when the town’s rabbinate took on a dynastic character. For most of Munkacs history – Polish and Hungarian stimuli seemed to take turns in leaving their mark on the town, making this borderland region into a catchment basin for competing ideologies. Hasidism arrived from Poland and Orthodoxy arrived from Hungary. While a cultural and intellectual crossroads implies transfer of ideas, Munkacs was not an apparent waystation: Polish Hasidism did not spread from Munkacs throughout Hungary; Hungarian Orthodoxy did not travel from Munkacs to Poland. Rather, Munkacs was a terminus.

Shtrayml:: An Ethnographic Tale of Law and Ritualization

Towards a Judicial Biography of Rabbi Shneur Zalman of Liady

Social Science Research Network, Dec 12, 2012

This study seeks to forge a new avenue of legal scholarship on the modern religious movement know... more This study seeks to forge a new avenue of legal scholarship on the modern religious movement known as Hasidism. The paper focuses on Rabbi Shneur Zalman of Liady (ca. 1745-1812)-Hasidic master, religious thinker, and jurist. Much has been written on Shneur Zalman, his formidable leadership in the face of strident opposition and his groundbreaking religious philosophy. His legacy continues to animate contemporary Judaism, primarily through his spiritual heirs-the Lubavitch Hasidic community-and through his Hasidic thought known as Chabad. The present study maps out an aspect which has been widely neglected, but is nonetheless crucial to understanding this religious leader: Rabbi Shneur Zalman's legal activity. The rst part of the study surveys existing research, assessing what has been achieved thus far, and what tools are available for further research. The second part of the essay highlights salient questions to be considered as part of a judicial biography, offering preliminary answers to these questions. The article concludes with the contention that without serious analysis of Rabbi Shneur Zalman's legal writings-or for that matter, legal writings of Hasidic masters in general-any intellectual history of this religious movement will be incomplete.

Rabbi Akiva Eger and the Second Cholera Pandemic: Legislation, Social Action, and Mysticism

Jewish Law Association Studies, 2022

In the shadow of the COVID-19 pandemic, it was only days before the 2020 High Holy Days that it b... more In the shadow of the COVID-19 pandemic, it was only days before the 2020 High Holy Days that it became clear what type of public prayer services-if any-could be held. In many places around the world, communal leaders were forced to scramble to provide solutions for their members, while individuals made last minute decisions about whether and where they would attend services. In Israel, after much to and fro, Government guidelines were finalised on the day before Rosh Hashanah. In other places, such as Melbourne, Australia, in-person High Holy Day services were forbidden. This experience is the backdrop for the present study. A. Royal Commendation On September 5, 1831, the King of Prussia, Friedrich Wilhelm III (1770-1840) penned a note of appreciation commending the rabbi of Posen for his leadership in the battle against cholera. 1 The letter was addressed to "Ober-Rabbiners Moses Eiger"-Moses being the name of the father of the recipient, the renowned Rabbi Akiva Eger (1761-1837). 2 Rabbi Akiva Eger's fame rests primarily on his Talmudic acumen and his authority as a decisor of Jewish law. 3 His curt and often cryptic Talmudic cross-references were first printed in  This article began as a series of Hebrew lectures delivered in my community in Zur Hadassa, Israel, during the coronavirus pandemic that reached Israel in February 2020. I appreciate the feedback, suggestions, and encouragement I received from participants in those classes. I also wish to thank

Munkatch the Reactionary Rebbe

Segula, 2014

Background: There is no consensus on the optimal drainage technique in the management of biliary ... more Background: There is no consensus on the optimal drainage technique in the management of biliary anastomotic strictures occurring after right-lobe living-donor liver transplantation (RL LDLT). Aims: To investigate whether there is a superiority between unilateral and bilateral drainage groups in terms of efficacy and safety of biliary drainage in RL LDLT patients undergoing double-biliary reconstruction. Study design: Retrospective Cohort Methods: Between January 2009 and August 2019, 1693 patients underwent RL LDLT. Of these, 182 patients who developed biliary anastomotic strictures out of the 306 patients who had double-biliary reconstruction, were included in the study. One hundred fifty-five patients with technical success were divided into 2 groups as unilateral (n=116) and bilateral (n=39) drainage groups. The groups were compared in terms of variable parameters such as clinical success, additional procedure, post-ERCP complication, procedures after clinical failure, hospital stay, mortality, and survival. Results: The clinical success was higher in the bilateral group (70% vs. 82%, P = .201). In the initial and the follow-up periods, a total of 44 (38%) patients in the unilateral group were switched to the bilateral drainage group due to the increased need for stenting. The placement of a stent successfully solved the problem only in 28% (32/117) of the patients in the unilateral group, while this rate was 44% (17/39) in the bilateral group. The median follow-up time of both groups was 42 months, and was equal. The number of stent-free follow-up patients in the unilateral drainage group was less than that in the bilateral drainage group (4 and 7, respectively). Conclusion: An active attempt should be made for bilateral drainage in patients with biliary anastomotic stricture following RL LDLT. However, for patients in whom bilateral drainage is not possible, unilateral drainage may be recommended, with the placement of a maximum number of stents following primary biliary balloon dilatation, depending on the degree of stricture.

Pandemics in the Promised Land: The Hasidic Experience

Social Science Research Network, Dec 31, 2020

Jewish Law in the Beit Midrash of Hasidism

Social Science Research Network, 2020

Hasidism-the movement, its leaders and adherents, its ethos and religious message-is often cast i... more Hasidism-the movement, its leaders and adherents, its ethos and religious message-is often cast in shades of antinomianism or anomianism, suggesting that hasidic masters and their faithful disciples either flouted Jewish law or ignored it. According to this line, the hasidic attitude towards halakhah was not improvised, temporary, or provisional; rather, the disdainful attitude was ideological and systemic. In the following, I argue for a recalibration of this dominant narrative. My argument is rooted in the reality that-contrary to the widespread assumption-hasidic masters from the earliest days of the nascent movement were embedded in the world of halakhah and active in the legal realm. This aspect of Hasidism has yet to be fully explored. In order to banish the existing myth, I will first provide an account of the prevalent depiction: Where does it come from and how widespread is it? Unpacking this popular * This study has been awarded the 2020 prize for best legal history article by the Israeli History and Law Association. The study was conducted while I had the privilege of being an Academic Visitor at the Faculty of Law, University of Oxford. I am grateful for this opportunity, for the gracious assistance afforded me in the Bodleian Libraries during my visit, and to my host Professor Joshua Getzler. I had the opportunity to present portions of this research in various forums and am grateful for the feedback I received: Faculty of Law, Bar

Halakhah: Studying Hasidism - Sources, Methods, Perspectives

This chapter discusses the relationship between Jewish Law and Hasidism – the religious revival t... more This chapter discusses the relationship between Jewish Law and Hasidism – the religious revival that began in Eastern Europe in the second half of the eighteenth century and that continues to animate Jewish politics, religion, music, storytelling, and practice to this very day. Literary sources of Jewish law are presented and the hasidic contribution to each legal genre is detailed. This is followed by an overview of the state of research, and the contention that this fertile ground remains to be fully explored. The chapter concludes with a case study of hasidic headwear – fur hats known as shtrayml, spodik, or kolpik – and how they are treated in the writing of Rabbi Hayim Elazar Shapira of Munkacs (1871-1937), known by the title of his collection of responsa: Minhat Elazar. The shtraymel case study highlights the potential of Jewish legal writing from the hasidic milieu.

“But I Will Tell of Their Deeds”: Retelling a Hasidic Tale about the Power of Storytelling

The Journal of Jewish Thought and Philosophy, 2014

A famous Hasidic tale that depicts the decline of mysticism in Hasidic circles also bespeaks the ... more A famous Hasidic tale that depicts the decline of mysticism in Hasidic circles also bespeaks the power of storytelling. This study tracks the metamorphosis of this classic tale over a century of its retelling by writers-including Martin Buber, S. Y. Agnon, Gershom Scholem, Walter Kaufmann, Elie Wiesel, and Abba Kovner-who each fashioned the tale in their own image. These authors affirmed but also challenged the tale's message about the efficacy of storytelling. The use of the tale in Passover celebrations and other contemporary trends are also considered. The question is raised as to whether transmitters have a duty of care not to corrupt the story.

Gebrokts: Halakhah, Kabbalah, and the History of Hasidism מצה שרויה: הלכה, קבלה ותולדות החסידות

Diné Israel , 2022

The Hasidic custom on Passover is to avoid gebrokts – that is, matsah that has come in contact wi... more The Hasidic custom on Passover is to avoid gebrokts – that is, matsah that has come in contact with water. This article explores the practice as a case study for the adoption, popularization, and spread of Hasidic customs. The acceptance of the custom is linked to the approach of the nascent Hasidic movement towards Lurianic mystical lore and the quest to encourage the Jewish laity to embrace practices grounded in this tradition. This process contributed to the coalescence of Hasidic identity. A vector of this research explores the legal writings from the Beit Midrash of Hasidism as they pertain to the gebrokts custom. Rabbi Shneur Zalman of Liady was the first Hasidic jurist to relate to the custom. In an undated responsum he advocated the adoption of the practice, though he did not mention the custom in his code of law. The two sources provide freeze frames of the process of a custom germinating in an emerging community. This is a rare opportunity to pinpoint such a process. The case of gebrokts in the Hasidic milieu is significant from an additional perspective. Customs that took root during Hasidism’s formative years were observed in communal spaces: Prayer rites and venues, white clothing, slaughter knives, the communal festive meal, and others. Gebrokts is an early case of Hasidic values entering the privacy of the home. As families sat down for the traditional Passover seder, Hasidism – in the form of the gebrokts stricture – was present at the festivities.

Jewish Law, Hasidic Lore, and Hollywood Legend: The Cantor, the Mystic, and the Jurist

Cantor Yossele Rosenblatt was offered an opportunity that would make any performer swoon: a star ... more Cantor Yossele Rosenblatt was offered an opportunity that would make any performer swoon: a star role in the groundbreaking film The Jazz Singer (1927). Yet Rosenblatt refused this artistic opportunity of a lifetime. This paper contextualizes Rosenblatt's baffling decision, by exploring one possible relationship between the arts and law; in this case-the art of storytelling and the Jewish legal system. The study demonstrates where the two pursuits tread separate, unlinked paths to a common end. This vector is refracted through the lens of liturgical performances outside the religious synagogue service; specifically the propriety of cantorial concerts featuring prayers from the High Holy Days. This issue is addressed in legal writing and in storytelling, each modality using its own tools to tackle the trend. It is noted that legal systems without effective enforcement mechanisms-such as Jewish law in the late modern period-could use arts as compensatory media for achieving societ...

Mysteries of the Paratext: Why Did Rabbi Shneur Zalman of Liady Never Publish His Code of Law?

This paper outlines the inconsistencies, idiosyncrasies, and unusual features of the code of Jewi... more This paper outlines the inconsistencies, idiosyncrasies, and unusual features of the code of Jewish law written by Rabbi Shneur Zalman of Liady (ca. 1745-1812) and first published posthumously in 1814-1816. The spotlight is cast on the code’s paratext – a notion introduced by French literary theorist Gerard Genette to describe any part of a work, except for the main body of the composition. The study offers a viable explanation for the unorthodox phenomena, by recounting the history of the code from its inception through its early editions. The account reveals that when Shneur Zalman died prematurely in 1812, his legal writings were in state of disarray. His sons cobbled together faulty, copied, and partial manuscripts in a valiant attempt to construct their illustrious father’s legal legacy. They utilised the paratext in order to frame the work, essentially creating a code out of a disparate array of legal writings. The results of their efforts would become known as Shulhan ‘Arukh ...

Legislation for Education

Polin: Studies in Polish Jewry Volume 30

IN THE LATE 1820s a set of takanot (regulations) regarding traditional Jewish education for all b... more IN THE LATE 1820s a set of takanot (regulations) regarding traditional Jewish education for all boys in Munkács, in Carpathian Ruthenia, at the time part of the Habsburg monarchy, was enacted by the local rabbinic leadership. They were titled Takanot tamkhin de’orayta (‘Regulations for the Support of Torah’), and over the next century they were copied and printed in different locations in eastern Europe. This chapter examines the ...

Esotericism, Accessibility, and Mainstreamisation: Pre-Prayer Gesturing and the Evolution of Jewish Practice

Moments before beginning the silent prayer, male and female synagogue attendees in Istanbul turn ... more Moments before beginning the silent prayer, male and female synagogue attendees in Istanbul turn to each other and offer a fleeting hand gesture. This study tracks this inimitable practice from its hazy origins, through almost four centuries to the present day. Beyond uncovering the sources of the custom and laying bare the justifications and explanations, this study considers the evolving meaning of this practice, demonstrating that the custom goes through different stages. The practice’s recorded history begins with esoteric kabbalistic lore, it then metamorphoses into an accessible template, before processes of mainstreamisation threaten its existence. The survival of the practice is protected in contemporary communities that function like Nature Reserves. Unique customs that are preserved in such Nature Reserves should be guarded and documented.

Culpability for Curses in Jewish Law and Mystical Lore הארי פוטר בהלכה ובאגדה

Would a court judging according to Jewish Law find Voldemort guilty for the murders of James and ... more Would a court judging according to Jewish Law find Voldemort guilty for the murders of James and Lily Potter? Voldemort had the intention to kill, yet the legal question is: Would Jewish Law consider the Killing Curse to be an act of murder? This study explores legal aspects of three magical phenomena – incantations that kill, automatic writing like Tom Riddle’s Diary, and food with different possible tastes like Bertie Bott’s Every Flavor Beans – as they are discussed in Jewish Law. In Jewish esoteric lore, magical phenomena have conventionally been the province of the mystically adept. Though laypeople may not have been proficient in magic, the mystical tradition dictated conduct. A by-product of this situation was that jurists considered legal implications of magic. Legal opinions on magical phenomena can therefore be found in Jewish legal literature, making this corpus fertile ground for analysis.Drawing on the fields of Comparative Law, Law and Literature, and Legal History, th...

מעמד ברכת החמה בחצרות חסידיות (The Blessing Over the Sun Ceremony in Contemporary Hasidic Courts)

The Blessing over the Sun (Birkat HaHama) is recited once every twenty-eight years. This study an... more The Blessing over the Sun (Birkat HaHama) is recited once every twenty-eight years. This study analyses the ritual as it was conducted in 2009 in three hasidic courts: Lubavitch, Munkatch, and Boyan. A comparative study of the choice of liturgical passages and of the manner of presentation of the liturgy, together with anecdotal evidence, reveals the narrative of each community. This narrative is not necessarily limited to this rare ceremony, and in some cases reflects the general attitude of the particular hasidic community. The uncanonised nature of the rite also exposes a theme that is common to the three hasidic courts discussed: the tension between fidelity to tradition and the creative spirit.

On Etkes' Ba'al Ha-Tanya

Review essay Immanuel Etkes’ Ba'al Ha-Tanya: Rabbi Shneur Zalman of Liady and the Origins of ... more

רבנות, הלכה, למדנות: היבטים עלומים בתולדות הרב לוי יצחק מברדיטשוב (Rabbinate, Law, Erudition: Unknown Aspects of the Life of Rabbi Levi Yitsḥak of Berdyczów)

הרב לוי יצחק מברדיטשוב היה בין הדמויות הבולטות בשחר החסידות. מלבד פועלו באפיק החסידי, ולצד דמותו ... more הרב לוי יצחק מברדיטשוב היה בין הדמויות הבולטות בשחר החסידות. מלבד פועלו באפיק החסידי, ולצד דמותו האגדתית הנצורה בזיכרון הקולקטיבי – ר' לוי יצחק גם עסק ברבנות ובהנהגה ציבורית, בענייני הלכה ובכתיבת שו"ת, בתלמוד תורה ובלמדנות תלמודית. רשימה זו סוקרת ומעריכה – ובמידה מסוימת גם גואלת – את הפעילות הלא-חסידית של ר' לוי יצחק בשלושה תחומים: רבנות, הלכה ולמדנות תלמודית. באמצעות בחינת ידיעות ועדויות ממקורות שונים ומפוזרים, ובעזרת בחינת תולדות הדפסת כתבי ר' לוי יצחק, ניתן להציץ מבעד למסך הזמן ולהבחין בדיוקן עשיר ומורכב של מנהיג חסידי שגם היה איש הלכה ולמדן. הארת היבטים עלומים אלו בתולדות ר' לוי יצחק מאירה גם על תולדות החסידות בתקופת גיבושה וגם על תולדות ההלכה, ובכך מוסיפה חלק לתצרף המורכב של היחס להלכה של הצדיקים בשחר החסידות.

The Assimilation of Tikkun Olam

Social Science Research Network, 2014

is most commonly heard as a slogan for activism, political involvement, and social justice. The t... more is most commonly heard as a slogan for activism, political involvement, and social justice. The term has had numerous lives, such that its endurance and malleability over time are truly impressive. It has been used as a pliable legislative justification for changing specific laws and as an eschatological ideal that may describe a human process or the divine end. It has had practical implications for some, and mystical connotations for others. In the twentieth century the term tikkun olam has been used in reference to Jewish political involvement, or to argue for abstinence from any political participation whatsoever. More recently it has become a banner, bandied around for almost any value, including energy conservation, recycling, government health care packages, the fight against terrorism, better nutrition, looking after stray animals, and the list goes on. This paper will touch on the main waystations of the term, starting with a brief look at the term's etymology, and journeying from rabbinic literature to modern times. This whistle stop tour will provide an overview of the vicissitudes of the term tikkun olam, and will demonstrate how it has come to connote a disparate array of values. Thus the term tikkun olam has been assimilated into modern, liberal, democratic discourse; it has come to serve as watchword for any value, even if a particular value-laudable as it may be-is not rooted in Jewish tradition. This trend raises a question that should be considered: What is the opportunity cost of the cultural assimilation of the term tikkun olam? This paper was written while I had the privilege of being a post-doctoral fellow in Bar-Ilan University's

Jewish Law, Hasidic Lore, and Hollywood Legend: The Cantor, the Mystic, and the Jurist (הלכה, חסידות, והוליווד: החזן, המיסטיקן, והמשפטן)

Cantor Yossele Rosenblatt (1882-1933) was offered an opportunity that would make any performer sw... more Cantor Yossele Rosenblatt (1882-1933) was offered an opportunity that would make any performer swoon: a star role in the ground-breaking film The Jazz Singer (1927). Yet Rosenblatt refused this artistic opportunity of the lifetime. This paper contextualises Rosenblatt’s baffling decision, by exploring one possible relationship between art and law; in this case – the art of storytelling and the Jewish legal system. The study demonstrates where the two pursuits tread separate, unlinked paths to a common end. This vector is refracted through the lens of performance of prayers outside of the religious synagogue service; specifically the propriety of cantorial concerts that presented prayers from the High Holy Day liturgy. This issue appears in Jewish legal writing and in storytelling – each modality using its own tools to tackle the trend. It is noted that legal systems without effective enforcement mechanisms – such as Jewish law in the late modern period – could use arts as compensato...

Polish Hasidism and Hungarian Orthodoxy in a Borderland: The Munkács Rabbinate

This study focuses on the rabbinate of Munkacs, situated in Subcarpathian Rus’. By tracing the ep... more This study focuses on the rabbinate of Munkacs, situated in Subcarpathian Rus’. By tracing the epistolary networks of Munkacs rabbis, and garnering what we know about the rabbis’ origins and activity, it is possible to sketch the influences that gave this town’s rabbinate its character. This study spans the period from the earliest recorded rabbi of Munkacs through to the end of the nineteenth-century when the town’s rabbinate took on a dynastic character. For most of Munkacs history – Polish and Hungarian stimuli seemed to take turns in leaving their mark on the town, making this borderland region into a catchment basin for competing ideologies. Hasidism arrived from Poland and Orthodoxy arrived from Hungary. While a cultural and intellectual crossroads implies transfer of ideas, Munkacs was not an apparent waystation: Polish Hasidism did not spread from Munkacs throughout Hungary; Hungarian Orthodoxy did not travel from Munkacs to Poland. Rather, Munkacs was a terminus.

Shtrayml:: An Ethnographic Tale of Law and Ritualization

CFP Maor Vashamesh: History, Philosophy, Lore, and Legacy

by Levi Cooper and Ariel Evan Mayse

A collection of scholarly studies in Hebrew on different aspects of one of the great hasidic mast... more A collection of scholarly studies in Hebrew on different aspects of one of the great hasidic masters, Rabbi Kalonymus Kalman Halevi Epstein of Kraków (1751-1823), and his posthumously published seminal work: Maor Vashamesh (Breslau, 1842).

This multi-disciplinary volume will include a variety of perspectives on the Maor Vashamesh and the author’s place in hasidic thought and history, presenting a mosaic of a central hasidic leader who has thus far not received sufficient scholarly attention.

Proposals should be no longer than one page and should include: (1) name of author, (2) academic affiliation, (3) abstract of proposed article, and (4) brief biographical statement.

Proposals should be emailed to maorvashamesh@gmail.com
Deadline for submission of proposals: December 13, 2017.
Final articles in Hebrew on the basis of accepted proposals to be submitted by June 1, 2018. Articles will be subject to double review before acceptance.

A more detailed Hebrew version of this call is available.

The Gdoilim: Leaders Who Shaped the Israeli Haredi Jewry

by Menachem Keren-Kratz, Benjamin Brown, Gershon Bacon, Maoz Kahana, Levi Cooper, and Samuel Heilman

Relics for the Present: Contemporary Reflections on the Talmud, vol. 2

A relic is an object surviving from an earlier time, carefully and conscientiously preserved, est... more A relic is an object surviving from an earlier time, carefully and
conscientiously preserved, esteemed and venerated. It is a hallowed object of historical interest, of sentimental value, of unquestionable worth. The Talmud is such a relic. This work explores the world of the sages, seeking relevance in the timeless texts of the Talmud. Each section analyses a passage from Berakhot, the first tractate of Talmud, chapters five to nine, presenting the commentators’ insights, searching for meaning and hoping to provide inspiration for our generation.

Relics for the Present: Contemporary Reflections on the Talmud

A relic is an object surviving from an earlier time, carefully and conscientiously preserved, est... more A relic is an object surviving from an earlier time, carefully and
conscientiously preserved, esteemed and venerated. It is a hallowed
object of historical interest, of sentimental value, of unquestionable
worth. The Talmud is such a relic. This work explores the world of the sages, seeking relevance in the timeless texts of the Talmud. Each section analyses a passage from Berakhot, the first tractate of Talmud, chapters one to five, presenting the commentators’ insights, searching for meaning and hoping to provide inspiration for our generation.

Relics for the Present, vol. 2 - Book Launch, Wednesday, July 6, 2016

The Cantor, The Mystic, and The Jurist

The Arts in Legal History Conference, Faculty of Law, Tel Aviv University, Jun 6, 2014

http://ssrn.com/author=2085545

Relics for the Present, vol. 2 - book launch, Wednesday, July 6, 2016

Pardes Institute of Jewish Studies, Jerusalem http://www.pardes.org.il/calendar/is-the-talmud-re... more

Hasidism @ The National Library of Israel - March 28, 2019

המקרא בְּאֹמֶר ובתמונה

by Sara Offenberg, Shamir Yona, Chana Shacham-Rosby, Jonathan Yogev, Leor Jacobi, ariel ram pasternak, Levi Cooper, and Emma Gashinsky

Review of Gellman, The Emergence of Hasidism in Poland. by Levi Cooper, JPost 27Jul18

by Levi Cooper and Uriel Gellman