The Taz – Biography and Halachic insights and innovations

The Taz:

1. Biography:

The Taz, Rabbi David Halevi Segal, was a prominent 17th-century rabbi and halachic authority, born in the year 1586 in Ludmir, Poland. He was a student of Rabbi Yoel Sirkes, the Bach who later became his father-in-law. He wrote a major commentary on the Shulchan Aruch called the Turei Zahav which is formally abbreviated as “Taz”. His commentary serves as an explanation and critique of the rulings of the Michaber and Rama and other contemporary Poskim of the previous era. He publicized his Sefer in 1646. The Taz wrote his arguments against the rulings of the Shach in a Sefer called Daf Haachron. The commentary of the Taz was written with Ruach Hakodesh. The Taz passed away in 1667, leaving a lasting legacy on Jewish jurisprudence. His Yartzite is on the 26th of Shevat.

Ruach Hakodesh: The Admor Harashab writes that he heard in the name of the Alter Rebbe, that all the authors up to the Taz and the Shach, and they included, composed their works with the holy spirit.[1] Likewise, it is recorded[2] that in the writings of the Admor Hazaken, it is stated: “All that an experienced student is destined to innovate has already been given to Moses at Sinai, was said until the Shach and Taz, and not further.'” The Sefer Sheiris Yisrael states[3] “And it is also said in the name of the Baal Shem Tov that the Taz and the Shach are the last decisive authorities; therefore, one should strive not to deviate from their views except to be stringent, but not to be lenient against them unless combined with some reasoning in a manner that they too would agree to leniency when there is substantial loss, etc. However, the compositions after the Taz and the Shach, Heaven forbid to undermine them, once they are accepted and there is consensus on them, they are imbued with the force of divine inspiration.”

Do we rule like the Taz over other Poskim? Regarding how to follow in a dispute between the Shach and Taz, in 1683 the Vaad of the four lands decreed that one is to follow the Taz over the Shach. Nevertheless Polish Jewry later accepted the rulings of the Shach over the Taz. Practically there is no clear rule in this regard and one is to look into the later Achronim for a final arbitration. These Sefarim include the Peri Megadim, Aruch Hashulchan, Chavas Daas, Kreisy Upleisiy, Yad Yehuda, Chochmas Adam, Darkei Teshuvah, Kaf Hachaim. More than all the above it is the traditional Rabbinical rulings that are handed down from Rabbi to Rabbi which serve as a final arbitration for how one is to rule. This can only be received through doing Shimush [apprenticeship] by a Rav who has received this tradition of Halachic ruling from the previous generation.

1. Halachic innovations of the Taz:

Waking up in the Morning – Isarusa Delieila – Every Jew needs Divine assistance: The Michaber 1:1 records that one is to awake like a lion in order so he greet the morning. The Michaber does not record the ending of the source of the above statement which is “and not have the morning greet him,” as records the Tur. Admur in the Kama 1:1 omits it, as writes the Michaber. However in the Basra 1:1 he records the ending as rules the Tur. The Taz 1:2 explains the reason behind the ending is as follows: The two parts of the statement refer to two types of arousals. One is an arousal from below, in which the person arouses himself to serve G-d. This arousal then draws down a second arousal from above which helps and assist him in his services. The meaning of “and the Shachar/morning does not greet me” means to say that one does not need the arousal from above as assistance, as his own arousal is suffice. Who however is able to say “I do not need assistance from above”? Only David the king. However a regular Jew needs this Divine assistance. It is for this reason that the Michaber omitted the ending of the Tur, as in today’s times every Jew needs the Divine assistance and woe that we should merit to do the arousal from below so we can receive the arousal from above.[4]

Setuma by Parshiyos of Tefillin, Mezuzos, Sefer Torah: The paragraphs of scribal writing must be written with proper indentations, otherwise they are invalid. There exist two types of indentations one known as a Pesucha and the second as a Setuma. Now, the Poskim[5] rule that if a 9 letter space was not left neither by the end of the previous paragraph nor the beginning of the next paragraph [and the line was not skipped in between], then it is neither a Pesucha or Setuma and is invalid according to all. However, the Taz[6]  holds that if one left less than a 9 letter space by both the end of the previous paragraph and the beginning of the next paragraph, then if together between the two spaces combined there is a space of 9 letters, then it is a Setuma according to the Rambam, and possibly even according to the Rosh. Accordingly, he concludes that this option should initially be followed by Tefillin in order to achieve a Setuma according to all opinions. [Practically, however, Admur rules one is to suspect for the former approach and not do like this opinion which possibly invalidates one’s Tefillin according to all, even Bedieved.[7] Nonetheless, this is the widespread Ashkenazi and Chassidic custom of today, aside for Chabad, to follow specifically the opinion of the Taz, to leave less than a 9-letter space by both the end and beginning of the paragraphs.[8]]

Definition of six hour cheese- Fat and pungent-not aged: The Taz[9] is of the opinion that cheese which is aged six months is not considered hard cheese and there is thus no need to delay eating meat after eating this cheese, and rather it suffices to wash one’s hands and perform Kinuach/Hadacha.[10] However, cheese which is wormy[11] [i.e. larva or maggot cheese, known as Casu Marzu[12]] is defined as hard cheese due to the fat that it releases[13], and hence one must wait [six hours] between eating wormy cheese and meat.[14] Likewise, all cheese which has been catalyzed using stomach [milk] is considered hard cheese. One who is extra meticulous can be stringent even regarding old cheese.

Following Heker Tzir by the door to a backyard with its own entrance and exit: The Taz[15] states that if a backyard has a separate outside entrance in addition to a house entrance, the Mezuzah placement depends on the hinge side. If the hinges are on the house side, the backyard is the entrance to the house and hence the mezuzah is to be placed on the right side of the doorpost upon entering into the house; if on the backyard side, the house is the entrance to the backyard and hence the mezuzah is to be placed on the right side of the doorpost upon entering the backyard. Without a separate outside entrance, the house is always considered the entrance to the backyard, regardless of hinge position.

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[1] Hayom Yom 6^th Shevat; Toras Menachem Reshimos Hayoan p. 324; Igros Kodesh 20:130

[2] Sefer Neos Desha p. 170; Sefer Harav p. 113

[3] Derush Sukkos, p. 117

[4] Accordingly however Tzaruch Iyun why Admur wrote the ending in the Basra while omitted it in the Kama. The Rebbe ibid explains as follows: This Halacha refers to the conduct of a Beinoni. In the Kama, which was written according to the codifiers, Admur rules like the codifiers that a Beinoni is one who has 50:50 sins and merits. Thus he requires the arousal from above in order so he not sin. However the Basra follows the Kabalists, which rule that a Beinoni has no sins at all, hence the Beinoni does not need any arousal from above to prevent sin. Nevertheless this only refers to the type of arousal called “Shachar/morning” which is meant to prevent sin. However arousals from above for one to add in love and fear and increase in holiness, that every Jew needs, even a Tzaddik. [See Likkutei Sichos 16 Purim 1 [p. 361-363]]

[5] Admur 32:50 and 52

[6] Taz 32:26; 2^nd opinion in Admur 32:52; Ashel Avaraham and Daas Kedoshim 32; Chasam Sofer 294; Aruch Hashulchan 32:63 that so is custom of Lita; Mahariy Asad 13 in name of Maharam Benet; Piskeiy Teshuvos 32:56 footnote 390 that so is also the custom of the Chassidim, like the Taz

How is the spacing to be done according to the Taz: There are three opinions and options in this matter. See M”B 32:164; Keses Hasofer 20:7; Igros Moshe 1:12; Chazon Ish 10:2; Mishnas Hasofer 20:19; Piskeiy Teshuvos 32:57; Sefer “Inside Stam”

[7] Admur 32:52

[8] Taz 32:26; Ashel Avaraham and Daas Kedoshim 32; Chasam Sofer 294; Aruch Hashulchan 32:63 that so is custom of Lita; Mahariy Asad 13 in name of Maharam Benet; Piskeiy Teshuvos 32:56 footnote 390 that so is also the custom of the Chassidim, like the Taz

How is the spacing to be done according to the Taz: There are three opinions and options in this matter. See M”B 32:164; Keses Hasofer 20:7; Igros Moshe 1:12; Chazon Ish 10:2; Mishnas Hasofer 20:19; Piskeiy Teshuvos 32:57; Sefer “Inside Stam”

[9] Taz 89:4

[10] The reason: As even cheese which has aged does not have a very sharp fat content and hence there is no need to wait between it and meat, as rules the Rosh and Tur. Now, although the Rambam rules that if the food gets stuck in between the teeth one must wait, and hard cheese does get stuck in between one’s teeth, nevertheless this only applied by meat as there is a verse brought in the Gemara which teaches us that meat in between one’s teeth is still considered meat. However, other foods are not considered food when they are in one’s teeth. [Taz 89:4]

[11] How is it permitted to eat wormy cheese, aren’t worms not-Kosher? Worms which are formed in the cheese [i.e. spontaneous generation] are permitted to be eaten. This applies even if they have come out of the cheese and are jumping on the cheese. [Rama 84:16] This applies even if they have jumped onto the plate. [Shach 84:46]

[12] i.e. Casu marzu cheese. This cheese is created by leaving whole Pecorino cheeses outside with part of the rind removed to allow the eggs of the cheese fly Piophila casei to be laid in the cheese. A female Piophila casei can lay more than five hundred eggs at one time. The eggs hatch and the larvae begin to eat through the cheese. The acid from the maggots’ digestive system breaks down the cheese’s fats, making the texture of the cheese very soft. By the time it is ready for consumption, a typical casu marzu will contain thousands of these maggots. There are several other regional varieties of cheese with fly larvae in Europe. For example, goat-milk cheese is left to the open air until Piophila casei larvae are naturally laid in the cheese. Then it is aged in white wine, with grapes and honey, preventing the larvae from emerging, giving the cheese a strong flavor. In addition, other regions in Europe have traditional cheeses that rely on live arthropods for ageing and flavoring, such as the German Milbenkäse and French Mimolette, both of which rely on cheese mites.

[13] See P”M 89 M.Z. 4 that the eating of the worms which is considered like meat gives off a taste of fat for 6 hours just like meat. [See Darkeiy Halacha 89]

[14] See P”M 89 M”Z  4; Aruch Hashulchan 89:11 that certain hard cheeses have a lot of fat content and this is the reason for the six hour wait; This follows the first reason and opinion in Tur ibid, Taz ibid and Shach ibid, which follows the opinion of Rashi in his reasoning behind waiting six hours, that it is due to the fat

^[15] Taz 289/4