The Tzemach Tzedek used to get countless halachik queries from all over the
world. In the later years of the Tzemach Tzedek, he wouldn’t answer the letters
himself, but would delegate that task to one or 2 of his sons. The
finished teshuva would then be brought to the Tzemach Tzedek
for his approval, before being sent out. [It should be noted that there was a
similar practice during the lifetime of the Mitteler Rebbe, when the Mitteler
Rebbe would give the incoming shailos to the Tzemach Tzedek to
respond to them, and then would look over the answers].
On one occasion, there was a complex shailoh regarding anagunah:
A man had disappeared, and there were numerous indications that he had, in
fact, died. The question was whether the evidence was halachikally sufficient
to establish that the man was (al pi Torah) dead, and to therefore
permit his wife to get remarried. The son of the Tzemach Tzedek (the Mahari”l?)
wrote an involved teshuva, in which he cited various halachik
sources that supported the fact that the evidence could be accepted as
legitimate proof that the husband was indeed dead, and that according to Torah
his wife was free to remarry.
Upon completion, he dutifully brought his handiwork to the Tzemach Tzedek
for his approval. The Tzemach Tzedek began reading the teshuva, and his son
recognized from his facial expressions that he found something objectionable
with it.
“What is it father?” he asked, “Did you find fault with the source I
brought from tosefos?”
“No, no”, replied the Tzemach Tzedek, “your source from tosefosis
irrefutable”. The Tzemach Tzedek, continued to read, and again his expressions
seemed far from pleased. “What is it father?” his son inquired again, “do you
not agree with the reasoning that I borrowed from the shach?”
“No, no”, replied the Tzemach Tzedek again, “your reasoning is sound and
your logic beyond reproach”. The Tzemach Tzedek continued to read, but his
displeasure was clearly evident. “Father”, cried the Maharil, “if I erred in my
judgment, please inform me and I will correct it. I can clearly see that
something is troubling you about this teshuva, and I will not leave
you until you tell me what it is”.
So the Tzemech Tzedek enlightened him: “There is nothing faulty with your
reasoning or with any of your halachik sources. Your conclusions are
sound. Ober vos zol ich ton az ich zei doch az er lebt (But
what can I do when I can see that he isalive)!”
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