HaYam HaTalmud – Lemberg, 1827 – First Edition – Two Glosses Handwritten and Signed by Rabbi Akiva Eger, Commenting ...

HaYam HaTalmud – Lemberg, 1827 – First Edition – Two Glosses Handwritten and Signed by Rabbi Akiva Eger, Commenting and Substantiating the Responsum by his Son-in-Law the Chatam Sofer, Printed in this Book
HaYam HaTalmud, novellae on Tractate Bava Kama, by R. Moshe Yehoshua Heshel Orenstein Rabbi of Tarnogród and Rohatyn, with Mefarshei HaYam – "glosses and additional novellae" and responsa by the editors of the book – R. Mordechai Ze'ev Segal Ettinger of Lviv and R. Yosef Shaul Nathansohn Rabbi of Lviv. Lemberg (Lviv), 1827. First edition.
Copy previously owned by R. Akiva Eger, with two lengthy glosses in his handwriting. Both glosses are signed: "Akiva".
The glosses were written by R. Akiva Eger in the margins of a responsum from his son-in-law the Chatam Sofer published in this book (leaf 69). The glosses contain a validation of the words of the Chatam Sofer, including a proof in support of the latter's opinion. The glosses were written in Rashi script, as R. Akiva Eger occasionally did, and consist of approximately 20 lines.
The book bears approbations by foremost Torah scholars of the generation, including R. Akiva Eger and the Chatam Sofer. The former requests of the editors at the end of his approbation: "And with the completion of the printing of this book, I ask to please send me one copy". This is the copy they sent R. Akiva Eger, who even annotated it with two glosses.
About the glosses:
The last section of the book is comprised of correspondence between the Torah scholars editing the book and foremost Torah scholars of their time, including responsa by R. Akiva Eger and his son-in-law the Chatam Sofer, and others. The responsum of the Chatam Sofer regarding the commandment to remember the Exodus from Egypt was printed on pp. 68b-70a (this responsum was later published in Responsa Chatam Sofer, I, Orach Chaim, section 15, and briefly in the glosses of the Chatam Sofer on Shulchan Aruch Orach Chaim, section 67). The Chatam Sofer differs in this responsum with the Magen Avraham, who ruled that whoever recites Shirat HaYam (Song of the Sea) has thereby fulfilled his obligation to remember the Exodus from Egypt. In the margin of this copy (p. 69a), R. Akiva Eger defends the opinion of his son-in-law the Chatam Sofer with a Midrash Rabba on Shemot, which explicitly corroborates the Chatam Sofer's position.
Further in that same responsum, the Chatam Sofer discusses the topic of blessings recited over Mitzvot amongst others the blessing over the Lulav. In this copy (p. 69b), his father-in-law R. Akiva Eger added a handwritten note, stating that the blessing over shaking the Lulav is not inherently connected to the topic at hand, and was just mentioned by rote.
The contents of the first gloss were later published in the glosses of R. Akiva Eger to Shulchan Aruch (Orach Chaim section 67. The glosses were first published as an independent book, in Berlin 1862, and were also included in the Shulchan Aruch edition printed that year in Johannisburg). The text of the printed gloss is as follows: "My son-in-law R. Moshe Sofer Rabbi of Pressburg in his responsum printed at the end of Yam HaTalmud contested this… and in my humble opinion, his argument is correct, since the Midrash says…" (there are slight textual variations between the glosses printed in the Johannisburg and Berlin editions). In the printed gloss, only part of the Midrash is quoted. This caused several Acharonim to question R. Akiva Eger's words, contending that from the words of the Midrash quoted, there is still no contradiction to the Magen Avraham, and some asserted that a typographical error crept in (see enclosed material). But in this handwritten gloss, the Midrash is quoted in its entirety, and consequently, the query becomes irrelevant.
The contents of the second gloss were not published.
Reputedly, R. Akiva Eger would annotate new books he received during his afternoon rest (see his daily schedule published in Alei Zikaron, III, Av 2015, p. 4).
Regarding R. Akiva Eger's practice of occasionally writing his glosses in Rashi script, and signing his glosses "Akiva", see: MiBeit Genazim, Brooklyn, 2010, p. 233; Responsa Ginat Vradim HaShalem, Orach Chaim, Jerusalem, 2008, p. 8; Encyclopedia Rina ViYeshua, III, Bnei Brak 1996, p. 58.
This book was bequeathed to R. Akiva Eger's son, R. Yitzchak Leib Eger. His German stamp appears on the title page: "I.L. Eger – Johannisburg". R. Yitzchak Leib (d. 1871) resided in Łomża and later in Johannisburg (Germany; presently: Pisz, Poland), where he published the Shulchan Aruch with his father's glosses in 1862. In his foreword, he attests that he only published glosses personally handwritten by his father, and not those his disciples recorded in his name. His father mentions him in his novellae: "The question my wise son, the groom
performed on the second day on Yom Tov, mentioning Yitzchak Leib posed" (Drush VeChiddush, on Tractate Ketubbot, p. 40a). In his father's final years, R. Yitzchak Leib kept a special notebook in which he recorded novellae he heard from him, mostly on tractate Chullin.
This copy was later owned by Rebbe Moshe Halberstam of Bardiyov (Bardejov). His (penciled) signature appears on the title page: "Moshe Halberstam". The front endpaper contains many penciled inscriptions, and stamps of "Chevra Mezonot MiTalmud, the Great Torah Scholar Rabbi of Bardiyov". R. Moshe Halberstam, rabbi of Bardiyov (1850-1904, Encyclopedia L'Chassidut, III, p. 269), was a leading Hungarian rebbe, son of R. Baruch Halberstam of Gorlitz and son-in-law of his uncle R. Aharon Halberstam Rabbi of Sanz. His grandfather, R. Chaim of Sanz, entrusted him with the editing of his book Responsa Divrei Chaim.
R. Akiva (Güns) Eger (1761-1837), a leading Torah scholar in his times, was born in Eisenstadt to R. Moshe Güns and his mother - daughter of the first R. Akiva Eger (rabbi of Pressburg, author of Mishnat D'Rabbi Akiva). Before he reached the age of 13, he began studying in the Breslau yeshiva under the tutelage of his uncle and teacher R. Binyamin Wolf Eger and at the age of fifteen, he was already delivering Torah lectures. After his marriage in 1778, he moved to Lissa (Leszno) to the home of his father-in-law R. Itzek Margolies. In spite of his young age, he was regarded as one of the leading scholars of the city which was the hub of Torah study at that time.
In 1792, he was appointed rabbi of Märkisch Friedland (Mirosławiec) and established a yeshiva there. In 1815, he began serving as rabbi of Posen (Poznań), a position he held for 23 years until his death in 1837. In Posen as well, he founded a yeshiva and taught many disciples. He was a holy person with Divine Inspiration, though supremely humble and gracious, he knew how to insist upon the honor due to the Torah and the rabbinate. He issued numerous regulations and established many public institutions. He replied to the thousands of questions addressed to him from around the world and recorded many novellae.
His descendants were also leading Torah scholars: R. Shlomo Eger (1786-1852), one of Warsaw's most influential Jews and his father's successor in the Posen rabbinate, author of Gilyon Maharsha and other books; R. Avraham Eger of Rawicz who edited his father's writings (with his own additions signed "A.A.B.H.H." - acronym of the Hebrew "Amar Avraham ben HaRav HaMechaber" [Avraham, son of the author says]); his renowned son-in-law R. Moshe Sofer, the Chatam Sofer, who after the death of his first wife, married the daughter of R. Akiva Eger (Rebbetzin Sorel, who bore him R. Avraham Shmuel Binyamin Wolf - the Ketav Sofer, and R. Shimon Sofer - rabbi of Kraków).
R. Akiva Eger devoted his entire life to Torah study and was known for his amazing proficiency and profound definitions which became basic tenets of Torah learning until our times. His books and novellae are key Torah texts for yeshiva students and poskim alike. R. Elazar Menachem Shach, author of Avi Ezri, writes in his approbation to the book Pote'ach She'arim – Teachings of R. Akiva Eger (Jerusalem, 1985) "For us, R. Akiva Eger, his opinions and reasoning are as conclusive as one of the Rishonim…".
His works include: Responsa of R. Akiva Eger, published by his sons in his lifetime, under his instruction. After his demise, his sons continued publishing his novellae in Drush VeChiddush, and additional volumes of his responsa series. Other responsa and novellae are being published until this day based on manuscripts (such as the books Kushiot Atzumot, Ketav VeChotam, Michtavei R. Akiva Eger and others). His various books were reprinted in many editions, including some annotated and expanded editions, which were enriched with related selections of his Torah teachings appearing in other places.
The glosses of R. Akiva Eger are valued in the yeshiva world and by Torah scholars for their perspicacity and profundity, and they invest much effort in studying them. He himself considered his glosses a composition worth publishing, as is apparent from his letters to his son R. Avraham Eger, printed at the beginning of Hagahot Rabbenu Akiva Eger, Berlin 1862. Amongst his glosses, renowned are his glosses to the Talmud, named Gilyon HaShas (first printed in his lifetime in the Prague and Vilna editions of the Talmud), his glosses to the Shulchan Aruch, and Tosefot R. Akiva Eger on the Mishna. Over the years, his glosses to various books were published in later editions of those books and in Torah anthologies.
10; 81 leaves. 37 cm. Wide margins. Good condition. Stains. Original binding, torn and damaged.