"The Polemic Regarding the Will of R’ Kalman Shochet" – A Handwritten Pamphlet by the Author of Aruch HaShulchan – Navahrudak, 1894
A handwritten pamphlet from the great gaon, R’ Yechiel Michel Halevi Epstein, the author of Aruch HaShulchan, addressed to the renowned gaon R’ Yehuda Leib Tzirelsohn, Av Beis Din of Priluka. The matter discussed concerns the annulment of a dying man’s will, which was written within the jurisdiction of R’ Tzirelsohn by R’ Kalman ben R’ Baruch Moshe Shochet of the Beirzanah kehillah.
R’ Tzirelsohn addresses the halachic dispute regarding this will in his sefer Gvul Yehuda (Simanim 65–66), alongside a certain rav (likely the great R’ Moshe Chayitin, author of Noam Megadim and Av Beis Din of Beirzanah, the place where the will was written). R’ Tzirelsohn writes sternly to this rav, saying:
"…he seeks to uproot and undermine the very foundation of the world…" referring to the matter of the will.
At the end of the letter, R’ Tzirelsohn asks the recipient to "reinforce the law" regarding the matter. It seems that the recipient did not fully agree with his last words, and R’ Tzirelsohn sent his pamphlet to one of the gedolei hador, the author of Aruch HaShulchan, to assist and give a halachic ruling on the issue.
The author of Aruch HaShulchan responds swiftly: "…On Monday of this week, a small package was delivered to me from the post office, and I opened it to find a fiery letter [from R’ Tzirelsohn, likely a letter of complaint], a long and detailed pamphlet written on both sides, regarding the will of a sick man in another city, made according to the rulings of a Beis Din of ignoramuses, while the heirs are striving to annul it and the Ketar HaRabbanim upholds it. They have requested my opinion on this matter… In the merit of his love for Torah, I see that Ketar HaRabbanim draws sweet waters from deep wells, and his words are words of Torah, said with proper understanding of Torah… I will respond as I am guided from Heaven…"
At the end of the pamphlet, the gaon R’ Yechiel Michel Halevi Epstein, the author of Aruch HaShulchan, agrees with R’ Tzirelsohn’s opinion: "…In conclusion, I agree with my humble opinion to uphold the will, and the claim of the appellants is not valid. However, my heart leans towards making a settlement with the heirs, and it would be fitting to seek a compromise, for truth and peace are beloved."
R’ Yechiel Michel Halevi Epstein (1829–1908), one of the great poskim before the Holocaust, was the brother-in-law of R’ Naftali Tzvi Berlin, the Netziv, and later became the revered Av Beis Din of Navahrudak. His sefer Aruch HaShulchan, which covers nearly all areas of halacha, is a foundational text for practical halachic rulings to this very day and is cited extensively by later poskim.
After checking Otzer HaChochma, we found that this pamphlet has never been printed!
