Besamim Rosh

Kasa Deharsena, Section 40

Published 1793

There are some who distinguish with a beard where we can rely on the words of Rabbeinu Tam...

Moada Rabba

Published in 5553 (1792-93)

The reader should look in my book the Kasa Deharsena Section 40, where I wrote my opinion that that one can allow [shaving] a beard [on chol hamoed] if one shaved prior to the festival...my opinion is nullified...

Encyclopaedia of Judaism, 'Besamim Rosh'

R' Yitzchak Di Mollina, who appears as the arranger and organiser of the responsa, is identified with R' Yitzchak Di Mollina who was a contemporary of R' Yosef Caro and from among the sages of Egyptian Jewry...but there are a number of difficulties with this identification, like the name of his father. For in the approbation to Besamim Rosh it appears as 'Shlomo', as opposed to the famous R' Yitzchak Di Mollina whose father's name was Avraham. And likewise the place of his residence - for in the approbation to Besamim Rosh it is mentioned as Venice as opposed to the famous R' Yitzchak Di Mollina who lived in Egypt.

Yafeh Lebesamim, p. 12

R' Reuven Amar

Published in 1984

Firstly, who says that there were not two men...and furthermore it is possible that R' Yitzchak Di Mollina's father had two names, so one who knew him called him by the name R' Avraham but R' Yitzchak Di Mollina himself signed off as the son of R' Shlomo.

The Punishments After the Sealing of the Talmud, pp. 69-70

R' Simcha Assaf (1889-1953)

In the Besamim Rosh responsa, there is a responsum in Section 192 attributed to the Rashba...And it is clear that this responsum is forged in the name of the Rashba, like other responsa brought there, for the Rashba died, as is known, in the year 5070, ten years before this episode [cited in the responsum of a woman who engaged in illicit relations, which also appears in Shu"t Rosh, Klal 18]...

And there is another responsum...that comes in the Besamim Rosh responsa, Section 81...this responsum is attributed to R' Meshulem bar Klonimus from Luca [c. 950-c. 1010]...[however] it is internally [evident that it is] fraudulent...for it is not possible that R' Meshulem would mention R' Yosef [Hanegid] of the [era of the] Grenada massacre who lived more than a century later [from c. 1035 to 1066].

Yafeh Lebesamim, p. 12

R' Reuven Amar

Published in 1984

And regarding the claim that the stamp of the Rosh is not signed on it...it is already known that most of the responsa of the rishonim were not written by themselves but only by the students who came after them, they copied their words, gathered them to one place and made from them a book of responsa and therefore they do not sign off at the end of every responsum who was authored them. And likewise we find n responsa of the Rosh that have already been printed, that many of them do not have the stamp of the Rosh signed on them

...and regarding the claim that the language brought in the Kasa Deharsena is also in the responsa of the Besamim Rosh [and that this casts doubt on its authenticity]...I say on the contrary, for R' Shaul originally when he wrote the the book saw these expressions and learned and adapted himself and brought them into his treasury as is the way of the [great] authors.

Yafeh Lebesamim, p. 16

R' Reuven Amar

Published in 1984

3. In more than a a third of the responsa of the Besamim Rosh there is no novelty...just as is the way of our Rabbis the Rishonim to answer consisely to a questioner on halacha or practice, and matters that are known to all. And to my mind here too it is far-fetched to say that this was done as a trick...

15. Regarding that which is written in the opening of the book, that R' Shaul acquired the writings from R' Chaim ben R' Yonah Zebi when he was staying with him in Italy, this is clear testimony that the book is not a forgery from R' Shaul, for if this were false how could R' Shaul not be concerned to write the name of a contemporary sage who could refute his falsehood publicly. And one might suggest that there never was a sage of this name. But this is not so, firstly because in the commentary "Haorev" he is mentioned, and furthermore this family was already known, for R' Avraham Chaim Yisrael Zebi was the author of the Orim Gedolim and died in the year 5491. And accordingly it is possible that the aforementioned R' Chaim ben R' Yonah Zebi was his grandson...

Besamim Rosh, Section 375

Published 1793

And regarding that I was asked where one is on a journey far from their home, and he is a respected and frail man who cannot travel by foot, and if he stays for Shabbat, behold, the wagon that goes with the Gentiles will pass by and he will not find another for some time after and in the meantime he will not be able to come to a place where they recognise him, and he is without money and does not have means such that he [will have to] submit himself to the people [there] and take charity.

Answer: There is no doubt that there is no kavod habriyot greater than this, to override the [rabbinic prohibition] for there is nothing more degrading and disgusting for a respected person than to rely on people in a place where he is not known...therefore there is no doubt that it is permissible for him to go in the carriage or ride or go outside the tchum to proceed hastily to his home.

Zeev Yitrof, Section 2

Published 1793

R' Zeev Wolf ben Shlomo Zalman

And now we can begin to explain what is brought by the author of the Shu"t HaRosh Section 375, where he without doubt allows one to ride on Shabbat because of kavod habriyot for it is an honoured person on their journey and they will need to stay in a place where they are not known...but it is a great and enormous wonder that he got his hands on this responsum, isn't there surely an error or deficiency in the responsum.

Ze'ev Yetrof

R' Zeev Wolf M'Lansburg (c. 1793)

And just because I have commented only on eight matters, my fellow Jews should not think that I agree with the other things said in the book...and in one matter found in his book, regarding shaving one's beard on chol hamoed he retracted through a small work sent to the residents of our city here before Pesach. And this was done out of respect for his father. But in the other matters he has not retracted...and I need to place a barrier such that I do not speak disrespectfully about the core of the responsa of the Besamim Rosh...

R' Zvi Hirsch

R' Hirschel Levin (1721-1800)

I call heaven and earth as my witnesses that this sefer was copied for me about ten years ago by my son, the distinguished and perfect rabbi, R. Solomon, may G-d protect and keep him, and I personally prepared the indices according to the order of the Tur in Pyrmont… and if these sanctimonious hypocrites are correct, then the fault lies with me for sanctioning the publication; their grievance is not just with my son [R. Saul], the exemplary scholar, may G-d keep and protect him, but rather with me as well...

Besamim Rosh

Published 1793

That which you asked regaridng one who lacks bread who goes before two [people] and says 'I hate my life' and kills himself, if it is permitted for his relatives to mourn him. Answer: Regarding one who kills himself knowingly [such that their family cannot mourn them], that is one who rebels against goodness and hates the world like some philosophers who do this to rebel against God...but one whose soul is troubled and he cannot endure it...there is no doubt that there is no prohibition at all in this.

Yabia Omer, Part 2, Yoreh Deah, Section 24

R' Ovadiah Yosef (1920-2013)

I was asked regarding one who lost their possessions and poverty pursued him until he ended his life and committed suicide by knowingly throwing himself from the roof of his house, and he died immediately. [Is it permitted] to mourn over him...

And we return to the refutation of the Kerach Shel Romi, that [the incident] of R' Chanina ben Teradyon was a matter of piety...and one cannot bring from there a proof that it is forbidden to commit suicide when one is surrounded by afflictions and pain, contra the Chatam Sofer.

Besamim Rosh, Section 240

Published 1793

And the scribe writes the megillah and on Purim when the wine enters he throws out a number of heretical things from the books of philosophers of the nations. And there is a doubt as to whether the megillah is kosher. Since there is nothing in it except a general story.

Answer:...One is not called a heretic unless they rebel in a matter among matters and even a light mitzvah of the Rabbis or if one speaks their mind with their mouth full of denying the Torah or miracles, or even one of them. But one who is not known to be committing a transgression, but only occasionally he speaks of the resentment in his heart that comes to him from his reflections from the learning of philosophy, and he does not steel himself with frequency against a matter big or small, that person is not called a complete heretic and apostate...

Besamim Rosh, Section 251

Published 1793

To grasp the basic elements of our Torah...we cannot be content with commentaries of our sages, but must also diligently study the philosophical books of the nations of the world...

And like the statement of the pious king: "It is a time to act for God, revoke your Torah". And if God forbid it were possible to imagine that a time would come when the laws of the Torah and its commandments would bring evil upon our nation and the totality of the nation or even there would only be room to imagine that happiness would not come from them in any way - [then we would] throw the yoke from our necks...

Introduction of the Author ['R' Yitzchak Di Mollina'], Besamim Rosh

There are some who may doubt if these came from Rabbeinu Asher [the Rosh] since they contradict his opinion [in other writings]. But also in his printed responsa one finds [statements] that contradict each-other...

Letter from R' Tzvi Hirsch to R' Bennett

(Quoted in Yafeh L'Besamim, p. 10)

And if there are within it laws that are not in accordance with halacha...and if one finds statements that are not fit to reveal before boors, well there are also thousands of such [statements] in Shas and the decisors and the sages were not concerned by them...

Yafeh Lebesamim, p. 12

R' Reuven Amar

Published in 1984

It is [considered] verified to me that the sefer is from the early [authorities including the Rosh], both on the basis of writing and logic

Notes to Kiryah Neemanah, p. 48

R' Mattityahu Strashun (1817-1885)

After all these analyses, even if we were able to prove that the entire BR from the begininning to end is the product of R. Saul, one cannot brush the work aside . . . as the work is full of Torah like a pomegranate, and the smell of besamim is apparent, it is a work full of insight and displays great breadth, the author delves into the intricacies of Shas and the Rishonim, the author is one of the greats of his generation.

Yabia Omer, Yoreh Deah 24

R' Ovadiah Yosef (1920-2013)

And likewise it is further written in his Moadim Behalacha (p. 257), as follows: "As is known that contestations have emerged about the Besamim Rosh, that it is fraudulent and only a work from the hand of R' Shaul Levin, who socialised with the maskilim in Berlin. And the complaint is correct. And one should not learn from this book except on the basis of what was said and not on the basis of the one who said it.". And likewise I say that at any rate there are lofty things to be derived from it (Sanhedrin 100b), and as is written in Kiryah Neemanah

Karyana Deigarta, 1:21

R' Yaakov Yisrael Kanievsky (1899-1985)

In my humble opinion it is not at all correct to publicise the shame of the author of the Besamim Rosh for multiple reasons:

1. Because of the honour of his father

2. Because maybe his soul has already found tikkun from the sufferings of Gehinnom after these 150 years and more, and the mentioning and publicising of his sons will cause him great evil in the world of truth.

3. There is [a concern that it would be] an affront to many gedolim who sided with it in error

4. Many people will become lax by imagining that one of those who was among the gedolei Torah fell into the hands of apostasy, may God save us, may God have mercy. You can write an article at all about the cursed enlightenment that destroyed Ashkenazi Judaism and its bitter results, may God save us, also for other countries, without mentioning the names of the Torah scholars who were caught in its net.

Avnei Nezer quoted in Divrei Chachamim, Section 5

R' Avraham Bornsztain (1838-1910)

I believe that the person [the author and editor of the Besamim Rosh – R. Saul Berlin] is not one who is worthy of quoting any halakha in his name, anyone filled with the fear of heaven should not keep the work of 'Spices, Gall and Wormwood' [a play on Devarim 29:17] in his home...And in my opinion, it deserves to be burned on Yom Kippur which falls on Shabbat.