Lengthy letter (four pages) handwritten and signed by Rebbe Shlomo Halberstam (the first) Rabbi of Bobov, addressed to his uncle Rebbe Yechezkel Shraga Halberstam Rabbi of Shinova, author of Divrei Yechezkel. Bobov (Bobowa), Erev Shabbat Shelach [Sivan] 1895.
Sharp polemic letter regarding chalitzah, with harsh criticism of a posek in Dzikov (Tarnobrzeg).
In the letter, Rebbe Shlomo Halberstam describes to his uncle, the Divrei Yechezkel, the case of a woman in Vishnitza (Wisznice) who married a young man from Dzikov, and was widowed during her first pregnancy. The baby, who was born several months after the passing of his father, died 21 days later. The rebbe relates that the father of the widow contacted him, and he ruled that chalitzah is required. The Beit Din in Dzikov however, headed by the posek R. Menashe Eichenstein (later rabbi of Veretski, son-in-law of Rebbe Yehoshua Horowitz Rabbi of Dzikov, he authored Torat HaAsham, Alfei Menashe and Mateh Menashe; see: Encyclopedia L'Chassidut, III, p. 187), maintained that the widow was exempt from chalitzah, since there were testimonies to the fact that she was visibly pregnant before her husband's passing. They based their ruling on their understanding of a responsum of R. Akiva Eger (section 89), yet Rebbe Shlomo Halberstam argued that the cases were not comparable. Additionally, he contends that the ruling of the posek of Dzikov is in contradiction with an explicit ruling of the Rambam, Tur and Shulchan Aruch, and contradicts the decisions of R. Yom Tov Algazi and the Beit Efraim. The rebbe adds that the question was sent to Maharsham of Berezhan, and he concurred with him that the woman requires chalitzah.
Further in the letter, the rebbe sharply attacks the posek and witness, and accuses them of receiving bribes, which influenced their ruling: " …and I cannot do anything about it, since the people of Dzikov mock my words… and I hereby enclose the letters which I received from Vishnitza, so that my honored uncle should see that they are shamelessly and openly doing everything for money, and it is disgraceful that such a person should serve as a posek in a Galician city…".
He then asks his uncle to intervene to prevent the situation of a woman requiring chalitzah being presented as able to remarry, and to warn the family not to rely on this groundless ruling. He concludes: " May G-d help that we should merit that he lead us towards Mashiach speedily, as are the wishes of his nephew, servant and disciple, who prostrates himself from afar, Shlomo Halberstam".
Next to his signature, the rebbe added his name and the name of his mother, as a chassid writing a kvittel: "Shlomo son of Beila".
To the best of our knowledge, this letter was never published.
It turns out that the Divrei Yechezkel indeed intervened, and following this letter, sent a letter to R. Aryeh Leibush Horowitz Rabbi of Stryi, author of Harei Besamim, requesting that he get involved (Divrei Yechezkel HeChadash, section 44; also printed in Michtevei Kodesh – Bobov, section 54). The letter of the Divrei Yechezkel, dated Parashat Chukat 1895 (some two weeks after the present letter was written) contains a clear mention of this letter: "My nephew R. Shlomo Rabbi of Vishnitza, presently residing in Bobov, sent to me, writing that in Vishnitza there is a woman whose husband passed away…". The Divrei Yechezkel further writes in his letter that he sent a letter to the father of the late husband and instructed him not to rely on the lenient ruling, and instead, one of the brothers should perform chalitzah.
R. Shlomo Halberstam, first Rebbe of Bobov (1847-1905) was the grandson of the Divrei Chaim, Rebbe of Sanz and of Rebbe Eliezer Horowitz of Dzikov-Ropshitz. He was orphaned in his childhood of his father, R. Meir Natan Halberstam, and was raised and educated by his two illustrious grandfathers. He was appointed in ca. 1865 as rabbi of Bukowsko (at the young age of 18), and later (ca. 1876) of Ushpitzin (Oświęcim). In 1875, he was one of the grandchildren selected by R. Chaim of Sanz to edit and publish his prominent book Responsa Divrei Chaim in Lviv. In ca. 1880, he went to serve as rabbi of Vishnitza, where he established the first yeshiva in Galicia, and would deliver daily lectures in the yeshiva before hundreds of students. This yeshiva produced hundreds of Galician rabbis and dayanim. In Cheshvan 1892, he was appointed rabbi of Bobov, which he became renowned for. He served as rebbe to thousands of Chassidim, particularly working on drawing youths to Chassidut, developing Bobov into a large center of thousands of young Chassidim, who transformed Galician Jewry by disseminating Torah and Chassidut. R. Shlomo was a leader of Orthodox Jewry in Galicia and joined the Machzikei HaDat organization (in contrast to the other rebbes of the Sanz dynasty who did not endorse this organization). He wrote numerous halachic responsa. His son Rebbe Ben Tzion prepared his writings for print before WWI, but the composition was lost during the war. The present letter is one of his rare extant letters on Halachic matters. His son Rebbe Ben Tzion Halberstam, the Kedushat Tzion, was the father of Rebbe Shlomo Halberstam (the second), Rebbe of Bobov-USA – who established the large center of Bobov Chassidut in the United States. His grandfather the Divrei Chaim cherished and revered him greatly, and even taught him Kabbalah. In a halachic responsum from 1871, he addresses him in terms of great honor (Responsa Divrei Chaim, Yoreh De'ah, section 32). In that responsum, his grandfather requests: "Please pray for me since I am very weak, may G-d help him with a long life… seeking the wellbeing of your Torah and awaiting to see you in peace".
[1] leaf, [4] written pages. Large sheet of paper (34X41.5 cm), folded into four pages (each page: 21 cm). Fair condition. Stains, dampstains. Many tears and wear to margins and folding marks. Tears to folding marks, reinforced with tape on verso.