Eulogy
given in the Yeshiva]
The
elder Posek of America, Ha-Gaon Ha-Rav Ephraim Fischel Herschkowitz ztz"l,
has ascended on high. Although not
everyone knows of him, since he did seek publicity on account of his humility, anyone
who is involved with Pesak Halachah knew him well.
Rav
Herschkowitz was born in the city of Munkatch in the year 5683 to a family of
Spinka Chasidim. He would accompany his
father and grandfather to visit the Admor "Chakal Yitzchak" of Spinka
on the holidays. In his youth, he
learned in the Talmud Torah in Munkatch, but when he reached the age to go and
learn in Yeshiva, his father did not want him to learn in one of the large,
Ashkenazi Yeshivot out of fear that he would lose his Chasidic fervor. He therefore remained in Munkatch and learned
with other young men in the Spinka Kloiz without a Rav and without a Rosh
Yeshiva. If he had a question, he would
ask his uncle, Ha-Rav David Schlissel, Av Beit Din of the Beit Din of Admor
"Minchat Eleazar" of Munkatch (see Shut Minchat Eleazar 4:64 that Rav
David's great-grandfather was Rabbi Akiva Eiger).
Rav
Herschkowitz had many positions as a Dayan and Posek during his lifetime and was
therefore known by various titles. After
the Holocaust, he served as the Rabbi of Halein, Austria, and was therefore
known as the Haleiner Rav. He later
moved to New York and was appointed by Ha-Admor of Sanz-Klausenberg, Rabbi
Yekutiel Yehudah Halberstam, author of Shut Divrei Yetziv, to serve as a member
of his Beit Din. He was therefore also
known as the Klausenberger Dayan, and he is thus being buried in the section of
Klausenberg Chasidim in Netanya. One may
also see his importance in his approbations to hundreds of halachic books. In merit of this, he was also known as the
"Rav of Approbation".
Gedolei
Yisrael greatly admired him. For
example, see Shut Mishneh Halachot (4:2) and the accolades given to Rav Herschkowitz
by Ha-Rav Menashe Klein, the Ungvarer Rav.
As
a Posek and Dayan, he had interesting halachic positions.
As
is known, today everyone learns Mishnah Berurah, but that was not always the
case. Ha-Rav Herschel Schachter, one of
the Roshei Yeshiva of Yeshivat Rabbi Yitzchak Elchanan, once related that when
he originally learned in Yeshiva there was hardly one set of Mishnah Berurah,
while today there are myriads of sets.
And he himself didn't even have a Mishnah Berurah until six years after
he was married. His wife bought him a
set as a birthday gift since her father had one. If someone had a question, he looked in the
Shulchan Aruch and its commentaries.
But
many Poskim decided that the Mishneh Berurah was the final arbiter of Halachah,
including the Tchbiner Rav (Sar Ha-Torah, p. 298), Chazon Ish (Maaseh Rav
Volume 1, p. 23. Kovetz Igrot Volume 2
#41) and Ha-Rav Yosef Shalom Elyashiv (Ha-Sod, pp. 124-125). But Ha-Rav Herschkowitz would rule according
to the many Chasidic Poskim, such as Shulchan Aruch Ha-Rav of Admor Ha-Zaken of
Lubavitch and Shulchan Ha-Tahor - Kamarana.
Here
are a few of his rulings: He ruled that one should limit the amount of time he
wears Tefillin because of their holiness.
One should therefore remove them as quickly as possible after Davening,
and it is preferable to take them off after the Shemoneh Esrei. And he ruled that women are not obligated to
Daven the entire Shemoneh Esrei, since this was the custom in the past
generations (See our discussion in Shut She'eilat Shlomo 1:41. Mishneh Berurah 106:4. Piskei Teshuvot ibid.).
As
said, Rav Herschkowitz was an important Dayan, and ruled in the most complex
cases. During the terror attack on the
World Trade Center, a Belzer Chasid was killed.
He and his Beit Din investigated the details and freed the widow from
being an Agunah.
One
of the most important cases for Chabad Chasidim is what is known as "Didan
Natzach". The grandson of the
Frierdiker Rebbe took Sefarim from the Chabad library in New York and sold
them, claiming that as the only grandchild, he was the rightful inheritor. The last Lubavitcher Rebbe, however, said
that the books belong to the entire Chabad Chasidim. After a lengthy legal battle, the Lubavitcher
Rebbe was proven right. The expression
"Didan Natzach" means "we were victorious", since this
episode also solidified the fact that the Rebbe was indeed the Rebbe of Chabad. In the middle of this episode, the
Lubavitcher Rebbe wanted to take counsel with a major Posek outside of Chabad,
who was in no way connected to the issue.
He turned to Rav Herschkowitz through a messenger. Rav Herschkowitz responded that he is unable
to render a ruling without hearing both sides of the story, but that it appears
to him that the conduct of the grandson is not halachicly correct.
And
as is known, Ha-Rav Moshe Feinstein wrote at great length against establishing
an Eruv in Manhattan, Brooklyn and in other large cities in America (Shut Igrot
Moshe, Orach Chaim 1:139-140, 173. 5:96).
In the world of Halachah, it is generally stated that Ha-Rav Menashe
Klein disagrees with him and established an Eruv in Brooklyn. But Ha-Rav Herschkowitz also held this way
and established an Eruv in Williamsburg, where he lived (the opinion of the
Satmar Rebbe, who had also lived there, regarding this issue has been the
subject of much discussion and several books).
Although some Satmar Chasidim harshly disagreed with this ruling and
harassed him, Rav Herschkowitz did not fear anyone and held fast to his opinion.
On
account of his greatness in Torah, he had wide shoulders and the authority to
rule about the most severe and complex issues.
During
the 11th Siyum of Daf Yomi in 5765 in New York, Rav Herschkowitz was
honored as the elder Posek in America to begin Masechet Berachot. In the first Mishnah of Shas, Rabban
Gamliel's sons ask their father how to act according to Halachah in a
particular case. We learn from there the
incredible importance of asking questions of a Rabbi when there is a doubt and
the incredible importance of a Posek to guide us.
In
Rav Herschowitz merited a great halachic authority who illuminated the path for
us with humility, self-sacrifice, Torah wisdom and fear of G-d.
