Cantors Assembly Journal of Synagogue Music

J O U R N A L

OF SYNAGOGUE

MUSIC

June 1974/ SIVAN 5734
VOLUME V
Number 2

CONTENTS

Hashirim ASHER LISH'LOMO of
Salamone ROSSI

First Music Copyright — 1623
M usic For A Centennial

Kol Nidre: The Word in
Absolute Music

Salamone ROSSI and His Company
of Musicians

Canadian Court on the Legal Status
of the hazzan

Herbert Fromm 3

13

Mil ford Fargo 15

Rabbi Ario S. Hyams 21

Daniel Chazanoff 27

DEPARTMENTS

Review of New Music jack Gottlieb 43

L'cha Anu Shira by Ben Steinberg
Zecher L'Maaseh by Lazar Weiner
Memorial Cantata by Herbert Fromm

A New Work Recorded Pinchas Spiro 49

Psalms of Israel: A Hal lei Oratorio by Issacher Miron

J ournal of synagogue music, Volume V, Number 2

June 1974/Sivan 5734
Published by Cantors Assembly

editor: Morton Shames

managing editor: Samuel Rosenbaum

editorial board: Abraham Lubin, Saul Meisels, DF. Edgar Mills,
David J. Putterman, Moses J. Silverman, Robert Shapiro, Dr. Max
Wohlberg.

associate members: Ivan E. Perlman, Chairman; Sidney Karpo,
Karl Kritz, Ephraim Rosenberg.

officers of the cantors assembly: Gregor Shelkan, President;
Michal Hammerman, Vice President; Louis Klein, Treasurer; Harry
Weinberg, Secretary; Samuel Rosenbaum, Executive Vice President.

j ournal of synagogue music is a quarterly publication. The sub-
scription fee is $10.00 per year. Second-class postage paid at New
York, New York. All articles, communications and subscriptions
should be addressed to Journal of Synagogue Music, Cantors Assem-
bly, 150 Fifth Avenue, New York 10011.

Copyright © 1974, Cantors Assembly

HASHIRIM ASHER USKLOMO O F SA1AMONE ROSSI

Herbert Fromm

Hashirim asher lish'lomo, this is the title of three volumes
issued by the Jewish Theological Seminary of America, in co-op-
eration with the Cantors Assembly, New York, 1973. The excellent
project of a new and complete edition of Rossi's works for the
synagogue, initiated by Hugo Weisgall, chairman of the faculty of
the Cantors Institute at the Seminary, was carried out by Fritz
Rikko, assisted by J oel Newman and other musicologists, as well
as Hebrew scholars, such as Milton Feist. The source was the
original publication of 1623 which, according to the custom of the
time, was not printed in score but only in parts, and is preserved
at the Liceo Musicale in Bologna. It took twelve years (1953 to
1965) to complete this modern and definitive edition.

The three books, lavishly printed, offer essentially the following
material :

Volume I (261 pages): Preface by Hugo Weisgall, Acknowl-
edgments and explanation of procedures, by the editor, Fritz
Rikko,

Facsimile of the original title page in Hebrew,
Facsimile of a tenor part (Eyn keyloheynu),
and twenty four out of Rossi's thirty three Hebrew compo-
sitions.

Volume II (239 pages) : nine double choruses, one for seven
voices, the rest for eight voices.

Volume III (113 pages) does not contain any music. It pre-
sents the Hebrew prefaces in English translation, then on one
page an "Outline of Events in Rossi's Life" giving hardly
more than the years of publication of Rossi's music during
his lifetime, and the generally assumed dates of his birth

Herbert Fromm is probably the best known and also the most individual-
istic composer creating music for the American J ewish community today. Born
in Kitzingen. Germany, he has been in the United States since 1937. He
holds a master's degree from the State Academy of Music in Munich and is
an Honorary Doctor of Humane Letters from Lesley College in Massa-
chusetts. After 33 years of devoted service he has retired as music director
and organist of Temple Israel in Boston. He is the composer of a wide
variety of works, for orchestra, organ, the synagogue, art songs, chamber
music, cantatas, choral cycles, etc. He is a member of the American Guild
of Organists and was a recipient in 1945 of the Ernest Bloch Award. His
music is performed extensively, he lectures and writes and continues to
compose.

and death (ca. 1570 - ca. 1630). A more detailed account
of Rossi's life and time would have been desirable. This may
be found in Peter Gradenwitz' 'The Music of Israel", chapter
6, p. 130 to 157, also, though less informative, in Naum-
bourg's edition of 1877, under the heading "La vie et les
oeuvres de Salomon Rossi." The "Outline" is followed by
J oel Newman's substantial essay on the style of Rossi's He-
brew music.
The next chapter first explains the transliteration of the text,
acknowledging Raphael Edgar's assistance, then goes on to what
is called in this book 'Text Underlay", seemingly a literal transla-
tion of the German 'Textunterlage". The problem of fitting Hebrew
script, which runs from right to left, to music going in the opposite
direction, was solved by the Venetian printers of 1623 in a tentative
way. As the facsimile of the tenor part of Eyn Keyloheynu shows,
the word Eyn is placed under the first note of the music, which
must go from left to right, while the word Keyloheynu stands under
the last notes of a complete musical phrase. The proper distribution
of the syllables was given over to the singers or their leader who
obviously knew how to deal with such situations.

In modern Israel, Hebrew texts are put, syllable by syllable,
under their notes so that the complete Hebrew word cannot be seen
as easily as in the old Rossi edition. The clarity of textual dis-
tribution more than makes up for this deficiency.

Page 65 - 67 points out the liturgical usage of the texts. Then
comes the facsimile of a page from a prayer book, printed 1557 in
Mantua. The refrain of this prayer, recurring ten times, is Hosha-
anah "save now", a truly subtle cover for p. 71 - 77, which is a list
of mistakes and additions (Corrigenda and Addenda). This list is
not always clear and by no means complete. If a new printing
should ever come about, one could think of other prayers preceding
these pages, such as: S'lach lanu, m'chal lanu, kaper lanu — bear
with us, pardon us, forgive us.

The English part of volume III ends with a selected biblio-
graphy and a page called "Rossi's Sacred Music in Modern Edi-
tions." To my amazement, Isadore F reed's transcription of Rossi's
Music (Transcontinental Music Publications, 1954) is not mentioned
at all, although it is, as far as I can determine, the most widely used
edition of Rossi's music. Freed set himself the task of adapting
Rossi's music, in many instances, to different texts, as used on
Shabbat Eve in the American Reform Synagogue. He did so with
varying success and scored admirably with a charming L'cha Dodi
drawn from Rossi's eight part setting of Adon Olam.

Warning: The Sh'ma in Freed's book is not a work by Rossi.
Samuel Naumbourg's late 19th century edition of Rossi's Hebrew
works states frankly that the Sh'ma is not found in Rossi's K'dusha
which, in Naumbourg's opinion, conforms to the text of the Sephardic
version. Naumbourg's footnote reads: "Le Schema Israel ne figure
pas dans le Kedouscha de Rossi. Je I'ai compose et ajoute pour
completer 1' oeuvre." Going through the new Rikko edition, one
finds that other parts of the K'dusha are also missing in Rossi's
setting. These sections, in Rikko's surmise, were probably chanted
by the cantor. We cannot be sure and I am not equipped to decide
if Naumbourg's or Rikko's explanations are correct. Comparing
Naumbourg with Rikko, it turns out that not only the Sh'ma but
also other sections were supplied by Naumbourg who was bent on
making Rossi's piece fit the Ashkenazic text. Naumbourg's addi-
tions (the threefold Kadosh, baruch k'vod, ani Adonai, etc.) are
easily recognized as the work of another hand.

It is surprising that Freed accepted the Naumbourg Sh'ma and
did not apply his general procedure of adapting Rossi's music to
the text on hand. When I performed the Freed edition, I recon-
structed a satisfactory Sh'ma by searching through Rossi's works
and putting the Sh'ma under a strong musical phrase Rossi had
composed for another text.

After this necessary digression, back to volume III. Following
page 92 one must turn to page 113 and read from right to left
until one reaches p. 93. These pages offer the original Hebrew
texts, beginning with a facsimile of the title page, then the com-
poser's dedication to his sponsor, Moses Sullam; after that, a
lengthy foreword by Leone da Modena, two dedicatory poems, pre-
sumably also by Leone, and finally da Modena's Responsum of
1605 (written eighteen years before the appearance of Rossi's
music) defending the use of art music in the synagogue. Leone
strengthened his defense by short statements of four other rabbis.
The very last Hebrew text is a curious coypright notice, providing
that nobody could print or purchase this music, in whole or in
part, without permission of the author or his heirs, for a period of
fifteen years.

The Hebrew of all this prefatory material is kept in an exalted,
biblical style, full of direct allusions or quotations from the Scrip-
tures. One example, taken from the copyright notice, may suffice.
What today is phrased in the dry legal terms of "All rights re-
served', appears like this: "We, the undersigned, decree by the
authority of the angels and the words of the holy ones, invoking
the curse of the serpent's bite . . . etc."

There can be no doubt that Rossi's approach to synagogue
music was revolutionary for his time. The Hebrew title page states
in forthright language. "Chadashah ba-arets", a novelty in the land,
and the extensive foreword by Rabbi Leone da Modena may well
be interpreted as an apologia for so daring a step.

Leone da Modena (1571 - 1648), though an unstable character,
was a gifted and colorful personality: Hebrew scholar, poet in He-
brew, Italian and Latin, musician, alchemist and gambler, and in
spite of his diverse interests, a recognized rabbinic authority.
Enough of a musician, he was an ardent admirer of Rossi who, as
director of music at the ducal court of the Gonzagas in Mantua,
enjoyed European fame.

Rossi, unswerving in his faith, signed himself as Salamone
Rossi Ebreo, and was twice exempt from wearing the yellow badge.
Urged by da Modena, he published his synagogue music in 1623 but
historical events prevented his reform from taking effect. The last
of the Gonzagas died 1630, and Mantua, after a siege of seven
months, was stormed and ravaged by Austrian troops. Most Jews
fled and all traces of Rossi's life are lost in the upheaval of the time.

Rossi's work lay forgotten for two hundred and fifty years,
until another synagogue composer rediscovered it. I am speaking
of Salamon Naumbourg who was born 1815 in Bavaria and died
in Paris 1880, as cantor of the Temple Consistorial. Under the
sponsorship of Baron Edmond de Rothshild he issued the Hebrew
works of Rossi in 1877. Naumbourg's edition was out of print for a
long time, until the Sacred Music Press of New York made it avail-
able again in a facsimile re-print, in 1954, with a preface by Isadore
Freed.

Naumbourg's enthusiasm and zeal to restore Rossi's music to
the synagogue, after a lapse of more than two centuries, was un-
usual for a man of the 19th century and deserves our full admiration.
He had to overcome countless difficulties in his research, and with-
out the sponsorship of Edmond de Rothschild, to whom the volume
is dedicated, the project could hardly have been undertaken.

Naumbourg, a contemporary of Hal&y and Meyerbeer, was
very much a child of his time. Thus, his volume abounds in edi-
torial liberties, clearly showing an attempt to smooth over what he
considered harsh in Rossi's original. Here is one example to il-
lustrate the point:

which is an insipid recasting of Rossi's

tU-f lTii ' £-/ jlLilf I LT

In many instances Naumbourg eradicated the freshness of the
so-called "false relation", meaning the chromatic changing of a
note not occurring in the same voice. I quote from the famous
setting of Psalm 80. Rossi ends a phrase with a G major chord in

this spacing :

and begins the next phrase, a B flat major

chord, in this position:

In Naumbourg's transcription, the chord progression appears like

i

^

F^ ,

He obviously wanted to avoid the uncomfortable step of a dimin-
ished Fifth in the tenor.

But, reversely, there are cases where my ear responds more
readily to Naumbourg's version, although the Rikko notation is more
likely to be correct. I am thinking of this phrase, also taken from
Psalm 80:

Naumbourg:

f-i

1 lull

1 I

J

*=+--■ n -- =

t=f-- ■ -'

A unanimous vote of gratitude must go to Naumbourg for trans-
forming Rossi's five part setting of the Kaddish into Adon 01am,
although Rossi's work contains an original Adon 01am for eight
part double chorus. Naumbourg recognized that this melody (prob-
ably based on a traditional Sephardic tune?) with its constant repe-
tition would be ideal for a hymn and that a choral setting of the
Kaddish would have little practical value. Saminsky, in his Sab-
bath Service of 1926, took it over, with the unfortunate insertion
of an unrelated tenor solo of his own, and a grandiloquent ending
which destroys Rossi's noble simplicity. Freed's version is generally
better but he also could not resist the urge for an "effective" con-
clusion. Adon 01 am, thanks to Naumbourg's keen eye, is today
the best-loved and most performed of Rossi's works. Rikko's new
edition made us aware of the astounding fact that Rossi did not
write this music to the words of a hymn that occupies such an
important place in our liturgy.

Taking a general view of Rossi's music, one may safely say that
he had absorbed and mastered the best his time could offer, in
his words, "the science of music". In professional terms: we are
dealing with pure triads, both major and minor, and the diminished
triad in its best sounding first inversion, all fitted into modal scales.
These basic elements are imaginatively enhanced by passing notes,
suspensions, anticipations, imitative entrances, etc. In matters of
form, it is apparent that even long pieces are built by- adding up
short phrases, which in themselves come to complete cadences, and
by repetition of whole sections. The range of the soprano (canto)
is often low. Transposition is not always the answer since it may
take other voices into an unwanted tessitura. It may be better to
strengthen low soprano parts by adding mezzos and altos.

Rossi's craft is impeccable and it is fascinating to see how he
avoids parallel Fifths by a sly crossing of voices. He can write an
exquisite three part texture for Bar'chu, but is equally at ease with
an eight part double chorus. His works for double chorus are
harmonically simpler than those for three to six voices, relying on
a monumental, homophonic style. We think of large spaces although
the synagogue in Mantua was probably a modest place compared
with the cathedrals of the time. Rossi uses superb judgment, know-
ing exactly when to alternate the two choruses and when to bring
them together in a full tutti.

Of particular interest is No. 33, a wedding ode, whose text
may well have been supplied by Leone da Modena. The secularly
of the words, religious connotations notwithstanding, is reflected in
the music by playful echo effects of the second chorus which takes

up, note by note, the ending phrase of the first chorus. It is a sort
of dialogue where the wife (Chorus II) agrees with her husband
(Chorus I), but the two also sing together (measures 115 - 131) and
join for a radiant ending (measures 164 - 183). I cannot think of
a more festive piece for a wedding ceremony. The text also has
some striking turns. Our rabbis, speaking to bride and groom
under the chuppah, always emphasize the strength derived from
the sharing of grief. The old poem phrases it this way: "Protected
as his own ewe lamb, she is silent though shearers come. He will
come to honor her more than himself. Sheltered under his wing,
she shall be lifted up high over his house."

A particular care for words or mood, as in this piece is rare
in Rossi's Hebrew works. There are, of course, some notable ex-
ceptions

Psalm 137 — the extraordinary, moving chord progression on

the words gam bachinu, 'there we wept,"
Psalm 118 — the jubilant imitation, cascading through several

voices on the words nagila v'nism'cha vo," we will rejoice

and be glad in it,"
Psalm 29 — a violent insistence on a short motif, welling up

in all six voices, on the words vaishaveyr Adonai et arzey

halevanon, 'the Lord breaketh the cedars of Lebanon."

But such details are exceptional. In Hashkiveynu, for instance,
he makes nothing of the words V'haseyr mey-aleynu oyeyv, dever,
v'cherev, v' ra-av, "remove from us every enemy, pestilence, sword
and famine." Examples of disregard for specific words are so
numerous that one may well call it a trait of Rossi's music. I
suspect that this lack, in spite of Rossi's mastery, accounts for his
modest place in the general history of music, as Weisgall puts it.
Summing up my impression of Rossi's Hebrew works, I see them
as a Grand Laudation, lofty and pure. There is no trace of self-
pity or even petition.

Most writers on Rossi speak of a "pun" when discussing the
title Hashirim asher Lish'lomo which is taken from the biblical Shir
hashirim asher lish'lomo, the "Song of Songs, which is Solomon's".
Rossi's title is the deliberate choice of a proud man, in full pos-
session of his gifts, who had no reason to feel inferior when linking
himself to a king. He was a king in music, and recognized as such.
I prefer to read the title in this sense, and my interpretation is
borne out by certain phrases in the composer's foreword and dedi-
cation :

10

. . . the Lord, God . . . opened my ears and granted me the
power to understand and to teach the science of music . .
to take the choicest of all as an offering . . . I did not restrain
my lips but ever increased my striving to enhance the psalms
of David, King of Israel ... for discriminating ears ... not
for my own glory but for the glory of my Father in heaven who
created the soul within me. For this I will give thanks to Him
for evermore."

For further elaboration, I am calling on Leone da Modena's
remarks which instruct us in three important points.

1. Rising above the ghetto.

"A rainbow has appeared in our days in this man of knowledge
who has written and engraved these songs of praise . . .
after the splendor of the people of Israel had been dimmed
by the passage of days and years, he restored their crown
to its ancient estate as in the days of the Levites . ."

2. Pride in the achievement of a J ewish musician whose work
measures up in quality to that of the Gentile composers.

"No longer will arrogant opponents heap scorn on the
Hebrews, they will see that they too possess understand-
ing, the equal of the best endowed."

3. Hope in a return to Zion where Rossi's songs would find
their rightful place.

"Life, prosperity and every joy to the author, until the
Rock (God) returns His faithful ones to His restored
sanctuary with songful lips."
Rossi's works for the synagogue remained superior to all that
was written within three hundred years after him. I am tempted to
paraphrase a sentence of Deuteronomy 34 (V'lo kam navi od
b'yisrael k' moshe) to read: 'There did not arise in Israel a com-
poser like Salamon" — until the appearance of Ernest Bloch and
some chosen ones who prepared or followed his ways,

A last word remains to be said about Hugo Weisgall's preface,
found at the beginning of volume I. I am not in sympathy with
what Weisgall calls Rossi's "profound misapprehension of what the
place of music is in a service as thoroughly individualistic and
egalitarian as traditional Jewish worship." It seems to me that
"misapprenhension is the wrong word. As pointed out before,
Rossi's approach was revolutionary and, as such, aimed against the
musical aspects of traditional Jewish worship. It was not misap-
prehension but a probably unattainable, idealistic goal that moti-
vated Rossi. Rabbinical authorities, less enlightened than Leone

11

da Modena, more often than not, put up a fence to keep out new
currents, fearing that assimilation and with it, loss of J ewish iden-
tity, would ensue. This might be true in other areas but our faith
is hardly worth preserving, if artistic excellence is seen as en-
dangering it.

A depressing example of what I mean is of our own day. Rabbi
David Polish, president of the Central Conference of American Rab-
bis, informed his colleagues of the Reform Movement, in a News-
letter of December 1972, that professional singers in the synagogue
are questionable, and that the role of the cantor should be no more
than that of a song leader for the congregation. An attitude like
this, if observed, would bring down the music in our synagogues to
the level of trivial ditties and camp songs, burying, for who knows
how long, an important literature created by J ewish composers who
have devoted their talents to the enhancement of J ewish worship.

Weisgall says furthermore: "For the Jewish composer of the
twentieth century, Rossi's example poses many significant problems
still to be solved." I fail to see a problem in free composition for
the synagogue, if the composer draws on the best of his time, as
Ernest Bloch did. I am not saying that Nussach and traditional
modes should not be used. My decided preference goes to com-
posers who in their works alternate free creativity, sparked by
the text, with the use of traditional material which, in the hand of
a true composer, acquires a new dimension. Only thus can our
music match the literary quality of our prayers "for discriminating
ears".

Stylistically, there can be no quarrel that Rossi's music is a
product of the Italian Renaissance. How J ewish is it? The question
of what constitutes J ewish music cannot be answered to everyone's
satisfaction. Taking as the sole model what has come to us from
the cantorial practice of Eastern and Central Europe is not enough.
Without reservation, I say Dayenu when, as in the cases of Rossi or
Bloch, a J ewish composer writes for a J ewish purpose.

Is there a synagogue musician who has not been exposed to
the flea bite of a remark that music in the synagogue should not be
a concert? At first blush, this sounds sensible but what is meant
is in truth a demeaning of music. Nothing can be good enough
to Praise God on High, which, in musical terms, affirms that music
in a house of worship should not lag behind the quality of a concert
-with one important difference: Sacred music serves another pur-
pose and good composers know it. Listening to artful music in
church or synagogue can be a religious experience, but only if a
congregation has been educated to this level of hearing. That such

12

an education was in the minds of Rossi and Leone da Modena can
be deduced from what they say in their prefaces and, most striking-
ly, from the music itself. As far as our present situation is con-
cerned, I have every reason to despair of an improvement in the
foreseeable future.

Weisgall's comparison of Rossi with Susskind of Trimberg is
not well taken. Susskind, a minnesinger in the second half of the
thirteenth century, was the only German poet of Jewish birth we
know of in medieval times. Only six of his piedes are still in exist-
ence. They are completely in the style of his time, and the com-
parison with Rossi succeeds in this respect. But it breaks down in
the matter of J ewish importance. Susskind left nothing of any use
to the J ewish community. This is not the case with Rossi whose
works for the synagogue are resurrected in our day with increasing
frequency.

I think it quite appropriate to take this miraculous phenomenon
as an occasion to refer to another miracle quoted on the seal of the
Jewish Seminary, and stamped on the three volumes of the new
Rossi edition: Vhasneh eynenu uchal, "and the bush was not con-
sumed."

FIRST MUSIC COPYRIGHT — 1623

In the publication of a setting by Salamon Rossi of 'The Song
of Songs" published in 1623 in Venice, 76 years before the Statute
of Anne, the following notice appears:

A WARNING: NOTICE OF COPYRIGHT

We have agreed to the reasonable and proper request of
the worthy and honored Master Salamon Rossi of Mantua
(may his Rock keep and save him) who has become by his pain-
staking labors the first man to print Hebrew music. He has
laid out a large disbursement which has not been provided for,
and it is not proper that anyone should harm him by reprint-
ing similar copies or purchasing them from a source other than
himself. Therefore, having seen the license granted by His
Excellence, the CATTAVERO' (may his glory be exalted), we
the undersigned decree by the authority of the angels and the
word of the holy ones, invoking the curse of the serpent's bite,
that no Israelite, wherever he may be, may print the music
contained in this work in any manner, in whole or in part,
without the permission of the above-mentioned author or his
heirs for a period of fifteen years from this date. Nor is any
J ew permitted under the terms of this decree to buy from any
person, whether he be of our nation or not, any of these works
without the permission of the above-mentioned author, who
is to indicate by some special mark that he has consented to
their sale by another party. Let every Israelite hearken and
stand in fear of being entrapped by this ban and curse. And
those who hearken will dwell in confidence and ease, abiding
in blessing under the shelter of the Almighty. Amen

Venice, Heshvan, 5383
Isaac Gershon
Moses Cohen Port
J udah Arye da Modena
Simha Luzzato

One of the CATTAVERI, a kind of Licensing Board that issued permits for
publication

14

Notices such as this had appeared for almost 100 years in
other works of a religious nature by J ewish scholars with the penalty
of excommunication for infringement. The Rossi work, using as
it did a biblical text, was deemed to be a sacred work and, there-
fore, came within the scope of rabbinical authority.

While there is no clear indication that this publication was the
only musical work in which this form of copyright protection was
included, there probably were very few and those which may have
been published have been lost.

There are several interesting conclusions that may be drawn
from this fascinating ancient Copyright notice. The first is that
it was Rossi's economic interests in his creative contribution which
were being protected. It would have been well known that the work
was by Rossi and, therefore, his renown as composer was protected.
It was his investment in the work (his "painstaking labors" and his
"large disbursement") which was the basic concern.

The rabbinical copyright protection on books continued for all
sacred Jewish works for a varying period of time until its final
disappearance in Eastern Europe just before the first World War.

MUSIC FOR A CENTENNIAL

MILFORD Fargo

In honor of its Centennial Anniversary, 5733/1973, the Union
of American Hebrew Congregations has commissioned a collection
of new synagogue music-some nine anthems, three solos, and five
organ pieces. Most of the works are valuable contributions to music
for the J ewish service. Styles and degree of difficulty vary with the
splendid spectrum of the composers-from the more established and
experienced like Lazar Weiner and Herbert Fromm through the
"middle-agers" like Samuel Adler and Charles Davidson to some of
their students and the "younger group" like Michael Isaacson and
Stephen Richards.

Of the new anthems, three stand out: the two sets of contrasting
pieces by J ack Gottlieb and Samuel Adler and the virile setting of
Psalm 24 by Alvin Epstein.

Verses from Psalm 188 by J ack Gottlieb for SATB with Organ.
English or Hebrew. Medium difficulty.

Bright and cheerful, "0 Give Thanks" (Hodu Ladonai) uses
alternating meters, dialogue between men's and women's voices (who
clap their opening theme as they present and repeat it), interesting
key changes, and rhythmic surprises. The andante "We Beseech
You" comprises beautiful tunes set in a shimmering contrapuntal
texture that is both tender and moving (reminiscent in general style
of the Ravel final chorus from "L 'enfant et les sortileges".) The
organ is well integrated into the rhythmic movement, and there are
refreshing shifts in tonality. On pages 9 and 10 it might have been

Milford Fargo has been a singer, organist, composer, and conductor of
sacred music for thirty years.

For the past eighteen he has served as tenor soloist, organist, and di-
rector of music at Third Presbyterian, Brick Presbyterian, and Asbury First
Methodist Churches and Temples B'rith Kodesh and Beth El in Rochester,
New York.

He is presently Associate Professor of Music Education at the Eastman
School of Music where he teaches voice, choral arranging, choral literature
and conducts the Eastman Childrens Chorus, which he founded in 1966.

He also established the Rochester Chorale which presented the world
premiere of "The Last Judgement" by Lazar Weiner and Samuel Rosenbaum.
He also conducted a Cantors Assembly convention performance of Shalom
Secunda and Samuel Rosenbaum's oratorio "Yizkor."

effective to vary the J,/"* rhythm in both voices (AB and ST)

by contrasting / J J-J against j, J^j (moving one on

the second beat), and a written out ritard (doubling the note values)
in the last two measures may have stressed a broader ending; but
these are minor points indeed in a fine pair of complementary
pieces.

Sh'ma, V'ahavta, Mi Chamocha by Samuel Adler for Cantor and
SATB with Organ. Hebrew. Easy.

Based on an ancient mode, this is a masterful setting combining
comfortably the old and new. The lines flow sensibly but not always
predictably giving the feeling of both logic and interest. The inde-
pendent but supportive organ score is well provided. There are three
contrasting sections — accompanied, unison a cappella, accompanied
-and the "Mi Chamocha" is presented in a welcome variety of keys.

L'Adonai ha-arets (Psalm 24) by Alvin Epstein for SATB
(somedivisi) and 4 soli with Organ. Hebrew. Difficult.

'The Earth is the Lord's" is a sinewy, bold, bright statement.
After a short vigorous introduction the organ doubles the voice
parts throughout and provides an energetic soaring ending.
Rhythmically imitative and moving, the harmonic treatment is dis-
sonant with minor seconds and major sevenths. It needs a capable
choir (especially high sopranos and tenors) with a secure pitch
sense and some background in holding its own. The texture thins
to a solo quartet in the middle, and the creative use of initial themes
in the ending makes a powerful and unified work. The final voicing
would ensure a stronger fortissimo if all the altos sang the B, and
the tenors moved to E. (This would also unclutter the A range for
the organ solo line.) The anthem is so good the publisher should
share it with Christians by providing an English text.

Yom Zeh VYisrael by Herbert Fromm for Cantor (tenor) and
SATB with Organ. Hebrew. Easy.

This lovely modal tune is well set in the tender first statement
and the final contrapuntal one. The strophic repetition of exact
key, cantorial melodies, and choral cadences threatens a blandness
in the central section; but for groups who dare few risks this is a
nice gentle piece.

Bar'chu, Ahavat Olam, Sh'ma by Charles Davidson for Cantor
and SATB with Organ. Hebrew. Easy.

The first two settings are charming and quiet in a folk-like,
traditional feeling with "soft" seventh chords and just enough

17

tonal surprise to make them tastefully interesting; but the "Sh'ma"
is less satisfying. Its different style makes it seem "tacked on"
from another source, and its sudden new key seems to strain a
rather awkward modulation. Would a more related mode help?
At least the present ending could be strengthened by repeating the
harmonic power of the "I'olam vaed" and the Tolamim" used so
effectively in those cadences (the flat tenth antepenultimate and
minor seventh penultimate chords.)

Evening Prayer (Hashkivenu) by Michael Isaacson for SATB
with Organ, English. Medium to difficult.

A short choral "wave" introduces the homophonic opening state-
ment, which is followed by a very interesting treatment in the 8/8
section with rhythmic variety and vitality. A vigorous twelve-tone
organ theme provides clever counterpoint to a natural setting of the
speech patterns. There is an effective bridge between this and the
text painting of the word, "evil" (as is any composer who demands
the E vowel of sopranos on a sustained high Bb.) The use of the
beginning "wave" idea for the Amen is a unifying force in this well-
structured piece. (The last 14 measures could be used separately
as a benediction response and final Amen.) The young composer
has not yet settled on a consistent harmonic idiom, which is disap-
pointing at certain points in the text (like "awaken" on p. 2 and
"peace" on p. 3.), but he shows a stylistic promise somewhere be-
tween the warmth of Davidson and the vigor of Epstein. This
anthem is the only one of the present series issues in 8 % by 11
inch format. It would be easier to handle in regular octavo size.

Adonai Malach (Psalm 97) by Frederick Piket for SATB with
Organ. Hebrew. Easy.

A rushing "Lord reigns, earth rejoice" in which the keyboard
writing is dominant. Except in the choral theme for "Shaman" and
"Or zarua" which the accompaniment punctuates effectively, the
melodic material is borne by the "organ" (it is really pianistic) while
the choral and cantorial assignment is more chantlike. Would the
ending seem less abrupt and perhaps stronger with tenutos on the
rest and "kod-" with an a tempo on "sha" (or written out in 6/4
)?

Modim Anachnu Lach by Gershon Kingsley for Cantor and
SSAATTBB a cappella. Hebrew. Easy.

This lush texture of divided parts is pleasant in its harmonies
of fourths and sevenths. Its simple contrapuntal techniques (two
choral voices responding to each other) are effective. Through much
of the work the choir (which needs good low basses) accompanies

18

the cantor -sometimes a rather risky style and not always success-
ful. The anthem fans out from a quiet unison beginning and closes
on a quiet octave "fade". Presenting the tenor part in the F clef
on a separate staff seems unnecessarily non-conformist in a modern
publication.

K'dusha by Stephen Richards for Cantor and Treble Choir
(SA) with Organ. Hebrew (Hebrew and English for the Choir).
Easy.

The beginning is powerful with rich sevenths and ninths; but,
though rhythmically moving, the middle section is weakened by
more naive chords. The tonal progressions seem too predictable at
the end, and for this reason the "Halaluyah" is less forceful than it
might be. The organ writing is not always "handy", but the vocal
lines sing well. Although the compositional techniques are all right,
the presence of conspicuously divergent styles gives the work an
awkward, almost experimental feeling. It would appear more "of a
piece" if a consistent harmonic vocabulary were used throughout.

Among the three solo songs of varying styles the strongest ex-
pression is: Hal'lu et Adonai (Psalm 117) by Karl Kohn for Cantor
(d-e) and Organ. Hebrew. Medium to difficult.

This is an interesting and powerful setting using dissonant
chromatic patterns and clusters presented in the rather long organ
introduction which sets the mood. Such a well integrated show piece
for heroic baritone should have English words for general use.

Vay'chulu by Ben Steinberg for Voice (high: d-a or medium:
d-f) and Organ. Hebrew. Easy.

There is a traditional flavor to the vocal line which the ac-
companiment complements very sympathetically. It begins well
with a single pedal note, moves through nice vocal lines with
harmonious sevenths chords, and relaxes to a logical, pensive ending.

Mimaanakim (Out of the Depths) (Psalm 130) by Lazar
Weiner for Voice (c-f) and Piano. English (except for the opening
Hebrew phrase). Easy to medium.

A master song writer makes artistic use of the piano in an in-
teresting key (Gb) with alternating modes (shofting from Cb to C
and Ab to A). This is a natural, speech-like setting of the text
rather than a beautifully melodic one. Perhaps the implied ritard
at the end should be an indicated one to prevent its "just ending".

With one exception the pieces for organ do not seem to be as
impressive as those for the singers. By far the best is:

Prelude by David Diamond. Medium.

This is a marvelously constructed work based on two main

19

themes (short but potent), the germs of which are present in the
toccatalike introduction. They are cleverly developed throughout
the Adagio and superbly expanded for a brawny ending.

Prelude Op. 57 for Organ by J ulius Chajes. Easy.

A gentle waltz theme is presented in parallel fourths on the
upper manual and rhythmically punctuated by an octave and fifth
pattern on the lower. The lullabylike melody is repeated on the
lower manual in octaves and fifths accompanied on the upper in
fourths. The final variation is energized with an eighth note pattern
which builds to an active climax. Perhaps expanded rhythm in the
final measures would bring the prelude to a grander close. A change
from the same structural devices during the simple scale theme of
the middle section would have been welcome since the identical
sparse harmony in the same key for so long tends to monotony.
However, it is obviously put together with deliberate design.

Prelude OF Postlude for a Pilgrimage Festival and Festive Post-
lude for a Pilgrimage Festival by Ludwig Altman. Easy.

"Prelude" uses effectively an 8/8 feeling of J- J- * over

a leisurely 4/4 tempo, but the constant changing of the third of
each chord back and forth from major to minor gets rather tire-
some as it does in the "Postlude", which is active but gives the
impression of being more busy than purposeful. It also seems to
simply halt rather than build to a graceful climax.

Organ Prelude for Shabbat by Max J anowski. Easy

Some attractive themes are presented in the opening Moderato
and the Allegretto, but the development is exasperating because the
piece does not flow. It stops incessantly and emphasizes too many
sections, giving a very disjointed feeling. If it could be logically
connected, it would be a much better work.

In all, the Union has done service music a good turn by bringing
these compositions into being. For quite some time now the artists
creating for the synagogue have been those producing much of the
strongest sacred music being written today. Many of these cen-
tennial pieces add significantly to that repertory. Churches would
do well to investigate J ewish sources for their Old Testament set-
tings, and publishers should seriously consider the wide market of
Christian needs and provide good English versions of those texts
that are now exclusively Hebrew. (A suggestion to Transcontinental
would urge closer proof reading of masters to avoid the preventable

20

errors in their calligraphy. Initial printings of such good new music
should be freer of obvious mistakes than those, for example, in Ep-
stein, page 3. C# in the second measure of the bass; Davidson,
page 2: metronome marking two measures early in the Cantor line;
Isaacson, page 3: unnecessary flats in the last measure of the pedal;
Richards, page 2: incorrect rhythm in the right hand of the organ,
first measure, last score and, page 7: missing flat in the second
measure, third score; Fromm, page 3: C instead of D in Cantor's
run in the last measure of the second score; Piket, page 3: no
pagination; etc.) Worship leaders should seriously consider these
commissions for their services and congratulate the Union of Ameri-
can Hebrew Congregations for sharing its anniversary celebration in
such a living and lasting way.

KOL NIDRE: THE WORD IN ABSOLUTE MUSIC

Rabbi ARIO S. HYAMS

Music may be divided into two types: program music and abso-
lute music, Program music seeks to translate non-musical or literary
ideas into musical tones. This may be done by imitating known
sounds, such as the galloping of horses, the foil of thunder or a bird's
call; or by inventing musical phrases to describe persons, places,
things, events or ideas. Absolute music, on the other hand, is de-
voted exclusively to beautiful or effective sound pattern in melodic
line, harmonic and contrapuntal combinations, structural forms and
tonal quality. Absolute music inspires a vaguer mood in its listen-
ers, and people usually differ more widely as to its significance than
they would about the meaning of a successful piece of program
music. The ideas in absolute music are tonal or "sound ideas" and
may not be translated into words.

Naturally vocal music tends to develop away from absolute
music and toward program music. A melody might be added to
words simply to beautify them with pretty but irrelevent sounds.
But soon this becomes unsatisfactory. We demand that the music
enhance the meaning or emotional effect of the words. The words
must have an added significance which they would not have had
without the music. Thus when sounds are suited to words, they
tend to become dependent on them and less absolute.

Synagogue music, therefore, which until recently was all vocal,
was largely program music. The Cantor was praised for his ability
to teitch verter, i.e. "translate the words into melody." It was
considered cheap to introduce tunes merely to produce beautiful
sounds. That was entertainment. The melody had to express the
text.

Furthermore, the development of the musical nuskhaot which
provided the leit-motifs for the various services, gave the improvis-
ing Cantor or composer traditional themes with which to enrich his
service and which he used as the basis for showing his ingenuity in
melodic development and inventiveness.

Ario S. Hyams is the Rabbi Emeritus of Temple Beth Shalom of Roslyn
Heights, New York, a congregation he served with distinction for over sixteen
years He was ordained at the Jewish Theological Seminary of America
and is a graduate of the College of the City of New York where he majored
in music. Along with his rabbinic calling he pursued music, as well, as a
composer, musicologist and lecturer. For a number of years he was the
Editor of The J ewish Welfare Board's publication, "J ewish Music Notes" and
served as the Chairman of that organization's National J ewish Music Council.

22

One Synagogue melody, however, inextricably bound up with
a specific occasion and definite words, must, I think, be called abso-
lute music in a new sense. Though KOL NIDRE is the melody
par excellence for the eve of Yom Kippur, it is impossible to restrict
its significance to any particular program of ideas. It is absolute
music though set to words. It is no wonder that musicians have been
attracted to it for instrumental use. Its words add nothing to its
effectiveness.

Therefore, KOL NIDRE, even when it is sung with its words,
remains absolute music and is effective over and above the meaning
of its words. For the music never did interpret, nor was it intended
that it should interpret these words.

What do the words of KOL NIDRE mean?

Standing at the beginning of the Holy Day of Atonement, we
are weighted down by the many sins for which we seek forgiveness.
How do we intend to obtain this forgiveness? We are going to use
words. By the words of prayer we hope to earn God's favor. But
how good are these words? Who of us has not at one time or another
misused words, spoken what he should not have spoken, or even
failed if only in the slightest degree to keep his word? How then
can we pray? How can we depend upon the power of words when
we have contributed to the weakening of that power? And so, over-
whelmed by the importance of words, we seek first to strengthen
their power by saying KOL NIDRE ("All vows"). Vows and
promises that affect our neighbors cannot be absolved except by the
persons concerned. Vows and promises affecting ourselves and God
cannot be absolved if they can be fulfilled. And Erev Yom Kippur
should be spent, as our fathers spent it, clearing our accounts with
our neighbors and discharging our obligations. But after doing all
we can in these directions and after asking pardon of our neighbors
for what we cannot do, we are still troubled lest somehow, some-
where, we have failed to show proper respect for the spoken word.
Impressed by the sanctity of the word, dependent upon its effective-
ness for the success of our mission on this Yom Kippur day, in awe
and in trepidation, we seek the annulment of all vows which we
can no longer fulfill.

The KOL NIDRE ceremony does not end with the paragraph
which is sung to the melody we know. It continues with the follow-
ing verse, the "Vav" of whose first word forms the connecting link.
In Hebrew, the letter "Vav" introducing a word means "and". This
verse is really the climax of the ceremony, perhaps not musically,
but in its significance. It says, "Venislakh ... And the Congre-

23

gation of the children of Israel and the stranger that sqjourneth
among them shall be forgiven because all the people acted unwitting-
ly."

Thus the words of KOL NIDRE need careful though and in-
terpretation in order to make them meaningful as an introduction to
Yom Kippur Eve. The words themselves are only a formula. They
are a "dry as dust" legal text. They are so unemotional that any
music that would faithfully translate them, would necessarily be
uninteresting. But the melody of KOL NIDRE does not seek to
translate the words. It is absolute music not only when played on
an instrument but even when sung together with its words. It is
music drawn by the Jewish spirit from the profoundest depths of
infinity and from the loftiest heights of eternity.

Although the melody has nothing to do with the literal mean-
ing of the words, it has served to preserve them against every threat.
The KOL NIDRE has been attacked by rabbi and layman, J ew and
Gentile, antisemite and philosemite. As a matter of fact, the earliest
historical record of the existence of KOL NIDRE is a negative one.
In the 9th century, R. Natronai Gaon stated that in Babylonia the
KOL NIDRE is not said. At about the same time, R. Armrarm Gaon,
editor of one of the first prayer-books, actually prohibited its recota-
tion and called it a "silly custom." Anti-Semites have attacked it
through the ages as evidence that J ews cannot be trusted to keep
their word; although we have already seen, the purpose of this an-
nulment of vows demonstrates the great respect J ews have for the
sanctity of the word. Many rabbis have considered the text un-
inspiring and unfit to introduce this Holy Day. In this spirit they
have substituted other texts for use with the same melody, other
texts like the 130th Psalm which are unquestionably more edify-
ing. Other prayers both in Hebrew and in the vernacular were sug-
gested. All to no avail. Even the retention of the same text but
with some modification or clarification of it has thus far been re-
jected. The people wanted the melody; they wanted the melody to
remain KOL NIDRE and they wanted KOL NIDRE to remain
the same KOL NIDRE. So powerful did the appeal of the melody
become that it protected the text against even the most reasonable
and minor changes.

As already intimated, the text was known in the 9th century.
It therefore antedates the Spanish Inquisition. Moreover some of
the Sephardic communities, who are much closer to the Spanish
Jewish tradition than are European Jews, did not have the KOL
NIDRE in their service at all. Thus it is quite certain that the
KOL NIDRE did not originate as an absolution of vows for Mar-

24

ranos who wanted their oaths, given under torture or threat, to
be faithful Christians, suspended so that they might rejoin their
bretheren for this sacred occasion.

There is however another legend which involves the Marranos
and concerns not the text but the music. It says that the KOL
NIDRE tune originated as a series of phrases which were used as
a code, sign and countersign. When a Marrano sought to enter the
Yom Kippur service which was being held in secret, he had to pass
from one watchman to another. He would chant a phrase and would
receive the subsequent phrase in answer. He would then be directed
to the next watchman. And so on, until he reached the hide-out
of his fellow-Marranos who were risking their lives to be J ews again
on this Day of Days.

Though this romantic story is most attractive, it can no more
be supported than the Spanish origin of the text. In those Sephardic
communities where the KOL NIDRES is said, and it is said in
most of them today though with some variation in the text, our
melody is not used. They have their own chants and the tunes are
much less interesting than ours. The theory is finally refuted by
the fact that to the student of comparative music, the European
origin of our melody is quite evident.

The legend, however, is interesting for another reason. It as-
sumes that the melody is built up out of separate musical phrases.
That this is so has been conclusively proven by Professor A. Z.
I del son n.

The most famous and best known phrase is the one sung to
words: haba alenu letova. It is a phrase that occurs elsewhere in
the High Holy Day services: e.g. in the opening paragraph of the
Amidah on the words, velohei avotenu and lemaan shemo behava,
and in the Alenu on the words, laadon hakol, etc.

This phrase has rich musical possibilities and it is certainly not
sad and gloomy as most people interpret the KOL NIDRE melody
to be. If Max Bruch has used this theme as the basis for a second
melody in his instrumental arrangement of KOL NIDRE, he would
have had a real KOL NIDRE composition instead of a musical
hodge-podge. In an essay on "LORD BYRON AND ISAAC
NATHAN" I have shown that Bruch's choice of counter-melody may
have been due to his error in identifying the opening phrase of our
KOL NIDRE melody which Nathan uses for one of the HEBREW
MELODIES ("OH WEEP FOR THOSE"). He therefore used
Nathan's counter-melody for his arrangement of KOL NIDRE.

The opening phrase of our KOL NIDRE tune was originally
sung without words. It was an overture. Sung softly, it sounded

25

as though the cantor, awe-struck on the eve of Atonement, was
timidly knocking at the Divine Gates of Mercy. Such melodic in-
troductions are quite common at the beginning of a service or of
part of it. The most famous example is the Hamelekh. Such an
introduction occurs also at the beginning of the cantor's repetition of
the Armidah and another may be used as prelude to Barekhu.

In England, many of the Congregational responses, such as
Zokhrenu and Ml Khamokha, are sung to excerpts from KOL
NIDRE. Some phrases are used by great composers in the Unesaneh
Tokef. Probably the most widely used KOL NIDRE phrase in
another part of the service (after the first one mentioned above)
is found in the Birkhat Yotser immediately after the morning
Barekhu.

Professor Idelsohn continues to analyze each phrase back to its
oldest source, namely, the canti Nation. Originally these phrases
were pieced together in accordance with the taste and preference
of the Hazzan. How far the melody had progressed in the 15th
century, there is no way of telling. It could not have gone very
far yet, because the MAHARIL (Rabbi J acob Levy Segal of Molin;
born in Mayence, c. 1356; died Worms, 1427), who was a musical
authority as well as a great rabbi, did not yet know of a set tune
for this text. There is a theory that this same MAHARIL did much
to form our KOL NIDRE melody, thus working to supply the con-
tribution he himself demanded. We know, however, that by the
16th century, the general style of the tune was alrealy established.
At that time, Rabbi Mordecai J affe, who was interested in improving
the text's literary quality, complained that he was prevented from
making any changes because the tune was already so popular that
no variation was permitted. But that may have applied to the local
musical tradition. For we know that as late as the 18th century
we still have four major variations of this melody, though they are
all by thistimequitesimilar.

But analyze it as we may, we will never explain this melody
and its haunting beauty. Anyone with some training can take a
work of art apart into its component elements but only genius could
have originally put these parts together into the artistic creation
that it is. Fired by a people's piety on the eve of its holiest day,
hammered by its throbbing soul as it stood in awe before the Throne
of J udgment, reformed and rehammered on the anvil of a long
development through the hopes and tears of many generations, this
melody has become the JEWISH SONG without the aid of any
literary description from its words.

26

Hassidim have made music an integral part of religion, not
something added to it. Singing was not beautifying prayer but a
religious function parallel to prayer. Every melody had spiritual
significance and spiritual individuality. It was personified. To them
the KOL NIDRE tune had practical power and effectiveness. Rabbi
Bunam said. 'The world of melody is near to the world of re-
pentance. Sinners frequently repent on hearing the melody of Kol
Nidre."

Most of us have lost the sense of personal mysticism in religion.
To us these melodies tell a national story. In KOL NIDRE we
hear the echo of our people's suffering, wanderings and hopes and
the promise of their ultimate victory.

But whether it is of the individual soul of the whole people's
experience that we think, KOL NIDRE, now for more
than two centuries linked to the holiest day of our religious
calendar and set as a prelude to Atonement, has be-
come the bridge of sounds between sinful man and Divine Mercy.
I n the purity of its sounds we can hear the lofty measures of humility
and resolution, of repentance, joyous exaltation and vindication. In
it we hear whatever the strength of our spirits enables us to hear
for as pure sound it is unrestricted in its meaningful ness. It is the
music of the Absolute, the song of the Soul seeking its Divine
Source, the immortal melody of an immortal people approaching its
God.

SALOMONE ROSSI AND HIS
COMPANY OF MUSICIANS

Daniel Chazanoff

One cannot discuss music or any other aspect of J ewish culture
during the Diaspora without being aware of the different national
settings in which these developed, In this context, Gradenwitz points
out two characteristics of Jewish cultural history which are im-
portant to keep in mind. First, he says that it ". . . never continues
in one place for more than a certain period of time . . ." . To this
he adds ". . . while one flourishing center is cut off and destroyed
another has already risen into importance and developed interesting
traits".*

About a century after the expulsion of J ews from Spain, we find
another great flowering taking place. This time it is in Italy where
Jews made contributions to the Renaissance and Baroque in the
fields of music, literature, poetry, drama and dance. In musical art
". . . a considerable number of J ewish musicians distinguished them-
selves at the Italian courts, the Papal Court included ..."> during
the second half of the sixteenth century. This trend continued dur-
ing the first quarter of the seventeenth century. Of historical im-
portance is the fact that Italy became the country in which J ews
". . . first took part in life outside the ghetto".4

Research gives the impression that Jewish participation in
music during the Renaissance was concentrated at the Gonzaga
Court in Mantua. 5 A whole series of Jewish instrumentalists and
vocalists are found in the service of the Mantuan dukes from the
fjrst half of the sixteenth century.6 It was here that J ewish musicians
. . . were in the public eye . ."7 more so than in any other Italian
court. The Renaissance spirit, encouraged by the Mantuan Court,
permeated the J ewish community, and gave rise to various forms
of artistic expression. Along with music came participation in the
drama.8 In all probability, the activity in these art forms set the

Dr. Daniel Chazanoff is the Director of Music for the City School District
of Rochester, New York. He has more than two decades of experience as
teacher, conductor, performer and administrator. He is a first-rate cellist,
having served at the first desks of The Birmingham Symphony, The Berkshire
Music Festival among others. This is the fourth of a series of articles on
the music of Salamone Rossi. Dr. Chazanoff's studies on Rossi were made
possible by a grant from the National Foundation for J ewish Culture. He is
also listed in "Who's Who in Music", Cambridge, England, 1974.

28

stage for Monteverdi's earliest music dramas in Mantua. It should
be pointed out that J ewish women as well as men took part in the
development of the arts in that city. One notable example was
Salomone Rossi's wife, who is known only by her stage name,
"Madama Europa". This should come as no surprise since Jewish
women have always played an important role in family and com-
munity cultural life.

Court records of Mantua indicate that Salomone Rossi organ-
ized and led a group of musicians who were probably all J ews.9
Various authors refer to this group as a band, orchestra, party and
company. Some clarification of terminology is necessary here. At the
time of Rossi, the terms band and orchestra were synonymous since
instrument groupings were not yet clearly defined. In the emancipa-
tion of instrumental from vocal music, composers began to write for
specified families of instruments. Giovanni Gabrieli, in Venice, was
the first to use brass instruments in a cathedral. Only a few years
later, in Mantua, Salomone Rossi wrote sonatas calling for instru-
ments of the violin family. But, in either case, these were innovations
in timbre using instruments in small groups. A band or orchestra
implied a large grouping of instrumentalists, who were available at
a particular place and time.

The terms party and company, on the other hand, may or may
not have been synonymous with orchestra and band. In the tradition
of the 16th and 17th centuries, musicians were trained to 'sing or
play from the book'; it should be remembered that Rossi entered
the ducal service in 1587 as a viol player and singer. Rossi's orchestra
included people with a variety of talents who could provide what we
now call a variety show for entertainment purposes-and would
function as needed in various settings.

It was in the realm of opera that Monteverdi used the orches-
tra as an organized body, for the first time, to provide dramatic
power. Here, Rossi's company of musicians provided both orchestral
and vocal personnel. Depending upon the need, then, Rossi's com-
pany was at once a group made up of soloists, small ensembles and a
large ensemble made up of vocalists and instrumentalists. In sum-
mary, Rossi's group of musicians was an orchestra (band) when it
functioned in the performance of instrumental music. It was a com-
pany when called upon to furnish instrumental and vocal music plus
any allied art forms such as dance or drama.

So little is known of Rossi's company. Yet, in its day, it achieved
fame in Mantua and at other Italian courts where performances by
the group were requested. Who were the musicians that comprised
it and what were their talents?

29
SALOMONE ROSSI- Organizer and Conductor

Salomone Rossi is credited with having been the organizer and
conductor of the court band in Mantua. Briefly, he entered the ducal
service in 1587 as a viol player and singer, published thirteen books
of composition from 1589 to 1628 (religious, secular, vocal and in-
strumental). He organized the earliest school of violinists and was
the first composer to specify instruments of the violin family in his
publication of 1613. The 33 psalms entitled, Hashirim L'Shelomo
(The Songs of Solomon), form a landmark in Jewish music history
since Rossi was the first to write polyphonic music for the synagogue.
However, his universal importance lies in the realm of instrumental
music, an area in which he pioneered. One authority, Riemann, refers
to Rossi as the most important representative of the new style, i.e.,
early Baroque instrumental music.

"MADAMA EUROPA" — Singer and Actress

The *wife of Salomone Rossi, "Madama Europa" is known only
by her stage name ". . . from her creation of the part of Europa in
L'ldropica . ." I0 a comedy for which Monteverdi, Rossi and other
Mantuan composers wrote music. Her name "... appears in the
salary lists of the court in 1600 .. ."." She is referred to as the
". . . first famous singer since Biblical times".12 Holde says that her
. . . prestige as a singer went far beyond the borders of Italy . . ."13
She was "... admired by Monteverdi ."14 in whose early operas
she sang leading roles. In 1608, when Monteverdi's earliest opera.
L'Arianna, was performed at court festivities, she sang what was to
become the highlight of the opera. After her performance of the
famed Lamento d'Arianna, a contemporary notice read, ". . . Under-
standing music to perfection, she sang to the great pleasure and
greater surprise of her audience, her voice being so delicate and
sweet, and her simplicity bringing tears to the e/es". 15

* (Note: Madama Europa's two sons, bearing the names Ansel mo
(Angelo) and Bonaiuto de Rossi, establish her as the wife not the
sister of Salomone Rossi. The Mantuan archives state that Salomone
and his sister Europa were children of Azariah de Rossi. According
to Sendrey this is an error since Azariah complained that he had
no surviving son. Salomone may have been Azariah's nephew.'*)

AN S ELMO ROSSI — Lute Player and Composer

Ansel mo (Angelo) Rossi was one of Madama Europa's two
sons." His Hebrew given name was Asher. Sendrey refers to him as
a lute player and composer. 18 His name appears in the court salary
lists of 1621.19 A composition of his for three voices entitled Aperi

30

Oculos Meos (I Opened My Eyes) appeared in an anthology by
various musicians who served the Mantuan dukes. The collection
was published in Venice in 1618.20 He must have enjoyed a good
reputation as a composer to have been included among well-known
contempories.

BONAIUTO ROSSI - Musician

Bonaiuto Rossi appeared in the salary lists of the Mantuan
Court along with his brother, Anselmo.21 Very little is known about
his musical talents. Following the tradition of Renaissance musical
training, he probably sang and played an instrument such as a viol
or lute. His given name Bonaiuto shows a close relationship to the
great Renaissance Scholar, Azariah de Rossi; Azariah's Italian given
name was Bonaiuto.

MATTEO ROSSI— Bass Singer

Matteo Rossi, another member of the famed family, ". . . appears
in a Mantua Court pay list of 1621 as a bass singer ..."" His rela-
tionship to Salomone has not been found by this writer. He probably
played an instrument as part of his musical training.

JACCHINO OR I SAC CH I NO (LITTLE ISAAC) MASSARANO-
Composer, Lutenist, Singer, Dancer and Ballet-Master

Jacchino or Isaccino Massarano was a man of many talents.
Idelsohn says that he ". . played the lute, sang soprano and was
instructor in acting and dancing from 1583-1599".23 Above all, he
. . . was regarded as an expert on choreography and all that per-
tained to it". 24 His choreographic commissions were numerous, in-
cluding the following dates:

1583-Massarano provided the dances for the performances of

Gli Inguisti Solegni, a play by Bernardo Pino.
1584-He supervised a similar performance in Ferrara when the

Mantuan heir apparent visited there.
1591-He composed and supervised the Blindfolded Dance
(Balleto della cieca) for Guarini's play-ll Pastor fido,
the most famous play of its day. It was given on the
stage of the ducal palace. Music for the ballet was by
Amarilli.
1602-He was commissioned by the poet Manfredi to supervise
the dances for his new 'sylvan' poem.25 In a letter
addressed to "... Messer Isacchino Ebreo ...".Man-
fredi said ". . . . he was to pay particular attention to
the choir's four canzonette, which were to be danced as
well as sung".26

31

It is interesting to note that "...Rossi dedicated one of his
ballets for orchestra to Massarano".27

Isacchino must have been a man of some means. On ". . , one
evening in 1594 he was host to the duke and other members of the
ruling family . ,." 28 and entertained them in a lavish manner. "Such
a social distinction was certainly no small honor accorded a J ewish
musician, even in the enlightened atmosphere of Mantua".29 His
place in history, however, supported by authorities, is that of the
greatest dancing master of the Renaissance.

ALLEGRO PORTO — Composer

His first name, Allegro, is the Italianized version of his Hebrew
given name, Simcha.)30 He belonged to one of Mantua's leading
Jewish families; this is proven by the existence of a Porto Syna-
gogue, in that city which was either built or maintained by the
family." Evidence of the synagogue's existence is found in a dirge
written on the occasion of a fire in the ghetto. 32 The synagogue,
. . . together with thirty seven Torah scrolls ..."33 was destroyed
on J une 19, 1610, the date of the fire.

According to one source, Allegro Porto was born between 1590
and 1595. His date of death is given as circa 1625.34 During his life-
time, he published a number of collections. In 1625 two books of
madrigals for five voices appeared. These he dedicated to Emperor
Ferdinand of Austria, whose empress was a daughter of the Duke
of Mantua. 35 In 1619, he published a collection of musical pieces in
the new style entitled Nuove Musiche for three voices with basso
continuo and chitarone (bass lute). It was dedicated to Count
Alfonso da Porzia, chamberlain of the Duke of Bavaria. 36 It is
interesting to note that two of the poems set to music by Porto
were written by the Count. 37 Another book of compositions, entitled
Madrigals for three voices with some arias and a romanesque dia-
logue was published in 1619 38 (Sendrey-Music of the Jews in the
Diaspora, P. 260, gives the date as 1622).

All of Allegro Porto's compositions were published in Venice.
His dedications indicate that he may have spent some time in
Germanic courts. The use of a basso continuo and chitarone for
accompaniment shows Baroque tendencies in his works. As a court
musician, he was probably also a singer and played upon the key-
board or lute.

Porto's reputation as a composer extended beyond his life-
time. Four works of his were included "... in the great musical
collection brought together in the eighteenth century by King J oao
of Portugal, and destroyed in the Lisbon earthquake of 1755 .. .".

A brief reference to him is found in the Vatican Library; it is con-
tained in a collection of biographical notes about composers. 39 This
is further evidence of his importance.

ABRAMO DALL ARPA EBREO (ABRAHAM, THE HEBREW
HARPIST) — Harpist, Singer and Actor

A letter in the Gonzaga archives, dated 1542, mentions for the
first time a Jew, known as Abramo dell' Arpa (Abraham of the
Harp). 40 I n that year, he played the role of the god Pan in a drama
at the ducal court. 41 So successful was his performance "... that
shortly thereafter he was summoned to Vienna as music teacher
to the children of Ferdinand I of Austria ...".42 However, he soon
returned to Mantua and remained in the ducal service for many
years. In 1553, he is mentioned ". . . as one of the musicians draw-
ing a regular salary from Duke Guglielmo".43 Two years later, in
1555, he was in Rome. There, he was known as "Abraham, the
musician of Mantua". 44 During his late years he returned to Mantua
where he collaborated with his nephew, Abramino (Little Abraham)
dell' Arpa, who ". . . came into prominence by his side". 45 This was
the case on one occasion in 1587, when the two played at a festivity
... on a lake when Cardinal Gaetano of Bologna came to Mantua
to baptize a newborn member of the ducal family". 46

ABRAMINO DALL ARPA EBREO (LITTLE ABRAHAM, THE
HEBREW HARPIST)

Abramino was the favorite musician of Duke Guglielmo, who
ruled Mantua from 1555 to 1587. 47 When the Duke retired, a dying
man ". . . to the lovely seclusion of the palace he had built . ,.", +8
Abramino had to accompany him, to cheer his last days with music.

DAVIT DA CIVITA — Composer, Singer and Instrumentalist

The Gonzaga archives mention a J ewish composer named Davit
da Civita, who was born at the end of the sixteenth century. 49 In
1616, he published a collection of seventeen madrigals for three
voices, in Venice, entitled Premitie Armoniche (Harmonious First
Fruits). 50 It was written for alto, basso and basso continue-and
dedicated to the Duke of Mantua.51 As a musician of the court, he
was probably also a singer and instrumentalist.

KLEZMORIM (WEDDING MUSICIANS)

According to Holde, a number of itinerant wedding musicians
also performed at the courts of the Mantuan Dukes. These played
the violin, clarinet, double bass and percussion. 52

33

We know that the rise of secular music at the courts of the
Renaissance made it possible for Jews to gain employment as
musicians. 53 Yet, the lack of adequate records makes it difficult to
ascertain just who, and how many, this involved. If Salomone Rossi
was the founder of the first great school of violinists, then who were
the violinists that played in the ducal orchestra under his direction?
Since Rossi represents a beginning, he had no reserve of violinists
to draw upon. Rather, he had to recruit and teach the group which
became the core of his orchestra's violins. In all probability, viol
players of the court were encouraged by Rossi to play the violin.
Rossi, himself, after all, entered the ducal service as a viol player
and singer. At some point, he learned to play the violin and, seeing
the possibilities of the instrument, charted a new course for music
history.

FOOTNOTES

1. Peter Gradenwitz, The Music of Israel (New York: W.W. Norton and
Company, 1949), P. 117.

2. Ibid.

3. op. cit., P. 135

4. Alec Robertson and Denis Stevens (ed.), A History of Music (London:

Penguin Books Ltd., Second Edition, 1962), Vol. I, P. 114

5. Cecil Roth, The J ews in the Renaissance (Philadelphia: J ewish Publica-

tion Society of America, 1959). P. 287

6. op. cit., P. 283

7. Ibid,
a Ibid.

9. Gradenwitz, op. cit., P. 136

10. Eric Blom (ed.) Grove's Dictionary of Music and Musicians (London:
Macmillan and Company, 1954) VII, P. 243

11. Ibid.

12. Alfred Sendrey, The Music of the Jews in the Diaspora (New York:
Thomas Yoseloff, 1970), P. 257

13. Artur Holde, jews in Music (New York: Philosophical Library, 1959),

P. 174

14. op. cit., P. 3

15. Roth, op. cit., P. 286
16 Sendrey, op. cit., P. 261

17. Blom, loc. cit.

18. Sendrey, op. cit., P. 262

19. Blom, loc. cit.

20. Sendrey, op cit., P. 258

21. Blom, loc. cit.

22. Ibid.

23. A. Z. Idelsohn, Jewish Music (New York: Tudor Publishing Company,

1948), P. 196

24. Roth, op. cit., P. 284

25. Ibid.

34

26. Sendrey, op. dt, P 256

27. Gradenwitz, loc. cit.

28. Roth, Loc. cit.

29. Sendrey, op. cit., P 257

30. Gradenwitz, loc. cit.

31. Sendrey, op cit, P. 259

32. Ibid.

33. Ibid.

34. Ibid.

35. Roth, op. cit., P. 287

36. Ibid.

37. Sendrey, loc. cit.

38. Roth, loc. cit.

39. Sendrey, loc. cit.

40. Roth, op. cit., P. 283

41. Ibid

42. Ibid.

43. Ibid.

44. Ibid.

45. Ibid.

46. Sendrey, op. cit, P. 256

47. I del son n. loc. cit.

48. Roth, op cit., P. 284

49. Sendrey, op. cit, P. 255

50. Ibid.

51. Ibid.

52. Holde, loc. cit.

53. Robertson and Stevens, loc. cit.

CANADIAN COURT ON HE
LEGAL S1ATUS OF THE HAZZAN

Our readers will be interested in the following decision of the
Provincial Court of the Province of Quebec, District of Montreal.
It deals with the petition of several hazzanim to be permitted to
take advantage of the privilege of a tax deduction for their residences
as has been traditionally granted to recognized clergymen.

While Canadian and American law on this question differ on
a number of technical points, it is interesting to note that the courts
of both countries now agree that a hazzan is entitled to those tax
privileges normally granted all other clergymen.

CANADA PROVINCE OF QUEBEC

DISTRICT OF MONTREAL

PROVINCIAL COURT

February 6, 1974. Present: J udge J . Richard Hyde

In the Matter of: (J oined Cases)

Reverend Solomon Gisser, Petitioner, vs The Deputy-Minister

of Revenue of the Province of Quebec, Respondent.

No. 3605 Ex parte

Reverend Hyman Gisser, Petitioner, vs The Deputy-Minister

of Revenue of the Province of Quebec, Respondent.

No. 3528 Ex parte

Reverend Tibor Holczer, Petitioner, vsThe Deputy-Minister of

the Province of Quebec, Respondent.

No. 3529 Ex parte

Reverend Tibor Holczer, Petitioner, vsThe Deputy-Minister of

Revenue of the Province of Quebec, Respondent.

No. 3635 Ex parte

Reverend Benjamin HASS, Petitioner, vs The Deputy-Minister

of Revenue of the Province of Quebec, Respondent.

No. 3604 Ex parte

JUDGMENT
The Court having heard the parties hereto by their respective
attorneys, having heard the evidence produced by each of the parties
and having examined the proof of record as well as the extensive
notes and authorities submitted by each of the parties hereto and
on the whole having duly deliberated:

36

The attorneys for all of the parties hereto have agreed that the
essential facts in connection with each of the above-mentioned cases
are similar and that the judgment to be rendered in the first
mentioned case that is to say in number 3605 Ex parte will apply
mutatis mutandis to each of the other cases.

The present appeals by each of the petitioner taxpayers are from
assessments made by respondent for various years between 1963
and 1968. They come before the Court by virtue of the Provisions
of Articles 170 and following of the Provincial Income Tax Act as
in force for the period under review.

The question to be determined by the Court herein is whether
or not the functions performed by each of the appellants who are
Cantors of the Jewish faith fulfill the requirements of Section 11
(1) (q) of the Income Tax Act. (This section is substantially un-
changed in Section 8 (1) (c) of the Income Tax Act 1972 and is
reproduced in essence in Section 69 of the Quebec Taxation Act,
1972, S.Q. Chapt. 23). These provisions are made applicable under
the provisions of the then Quebec Provincial Income Tax Act and
the Court must determine if petitioners qualify for the deductions
for their respective residences as therein provided.

The said section 11 (1) (q) reads as follows:
"SEC. 11. Deductions allowed.

(1) Notwithstanding paragraphs (a), b, and (h) of subsection
(1) of section 12, the following amounts may be deducted in
computing the income of a taxpayer for a taxation year: ..
(q) Clergyman's residence. — where a taxpayer is a member
of the clergy or of a religious order or a regular minister of a
religious denomination, and is in charge of or ministering to a
diocese, parish or congregation, or engaged exclusively in fulltime
administrative service by appointment of a religious order or
religious denomination, an amount equal to

(i) the value of the residence or other living accommodation
occupied by him in the course of or by virtue of his office
or employment as such member or minister so in charge
of or ministering to a diocese, parish or congregation, or
so engaged in such administrative service, to the extent
that such value is included in computing his income by
virtue of Section 5, or

(ii) rent paid by him for a residence or other living ac-
commodation rented and occupied by him, or the fair
rental value of a residence or other living accommodation
owned and occupied by him, during the year but not, in

37

either case, exceeding his remuneration from his office or
employment as described in subparagraph (i) ;"
After having taken the case under advisement the Court by
judgment dated 16 J uly 1973 ordered the re-opening of the hearing
herein in order to receive testimony concerning the extent to which
the homes of petitioners were used by them for the general benefit
of their respective congregations or communities.

Such additional hearing was duly held on 23 October 1973 and
the Court was satisfied as a result thereof that each of the petitioners
did in fact keep more or less open-house to receive members of their
congregations for general consultations related to their faith and in
particular for teaching of the younger members in preparation for
their Bar Mitzvah as well as other study groups. It was also clear
that each of petitioners lived within short walking distance of their
respective synagogues not only for their own convenience but for the
convenience of the members of the congregation.

The text of the law as above cited makes no mention of this
aspect of the use by a Clergyman of his residence for the use of his
congregation and the Court has found no judicial authority which
refers to same. On the other hand, two interesting comments are
found, the first: "De Boo, Canada Tax Service" commenting on
the new text of Article 8 (1) where at the bottom of page 8-151
we find the following:

'The exemption here granted is in recognition of the extent to
which such premises are used for the general benefit of the
congregation, through meetings, gatherings of various kinds,
consultations, and other church activities.

The second reference is found in the Volume published by F.

Eugene Labrie in 1965 entitled 'The Principles of Canadian Income

Taxation" where at the bottom of page 232 we find the following:

'This is a curious piece of legislation both as to its origin and

content. It has often been said and, from the appearance of

this legislation, said quite forcefully, that a clergyman's home is

never his own meaning of course, that he is expected as part of

his duties to hold a sort of year 'round "open -house"."

The evidence submitted before the Court dealt at length with

the training, education and preparation of Cantors generally in the

Jewish faith, as well as the method of their commissioning or

appointment by various councils of Cantors. In particular exhibit

P-6 was produced being a photocopy of the Commission granted to

the petitioner Solomon Gisser by the Cantors Assembly of America

dated 26 April 1954. The evidence, the pleadings and the notes

submitted by the respective attorneys herein deal at length with all

of these aspects and the Court can see no useful purpose in repeating
same herein.

As a result of a study of all of the evidence as well as the sub-
missions and authorities submitted by each of the parties hereto, the
Court has reached the foil owing conclusions:

1) It is agreed by all of the parties hereto that all petitioners
are in fact engaged on a full-time basis by their respective congre-
gations.

2) It is agreed by all parties that the Rabbi of a J ewish Con-
gregation is entitled to the deduction in question. In addition it
would be possible to have two Rabbis who would be entitled to such
deduction for one congregation;

3) The Cantor in the J ewish faith, (more properly called Hazzan
and in French "pretre officiant") at least in the cases before the
Court, does in fact perform many if not all of the functions of the
Rabbi with two specific exceptions:

(a) He is not qualified or in a position to interpret moot
questions of thej ewish Law; and

(b) He does not normally preach a sermon to the Congregation.
On the other hand the evidence indicated that in certain smaller
congregations where there might be a choice between having
either a Rabbi or a Cantor, in many cases the congregation
would choose to have a Cantor without the Rabbi.

This last point was made clear by Rabbi David Feuerwerker
who was called as a witness by respondent. At page 46 of his testi-
mony we find the following:

Q — As they say in English, there are two "pulpits," which is
to say there are two leaders.

A — Differentiations.

Q — On the one hand, there is the rabbi, and on the other hand,
there is the hazzan.

They accomplish entirely different functions, but do the syna-
gogues have need of both as principals in order to function?

A — It is very true, it is very true that this text says in Chapter
52, that when a community is too poor to afford a rabbi and an of-
ficiating minister, and since the rabbi is not an exceptionally extra-
ordinary person, it is more valuable that the community pay for an
officiating minister because he is more necessary for the daily life of
the community. It is he who is the officiating priest, who must lead
the faithful, to conduct them in prayer and, consequently, he is
essential.

39

The same witness at the beginning of his testimony describes
generally the role of the Cantor and refers to him as "officiating
priest". He prefers this expression to the English term "Cantor"
and goes on to say: "it is he who creates the office and he is in
charge of it and no one can replace him."

The section of the Law with which we are concerned has re-
ceived little comment in Canadian Tax journals and only 3 reported
cases have been cited to or found by the Court. These are:
Guthrie vs M.N.R., (1955) 14 Tax ABC 90;
Bloom vs M.N.R., (1963), 34 Tax ABC 206;
Attwell vs M.N.R. (1967) Tax ABC 862;
The Law was changed after the Guthrie case was decided and
that case as well as the Attwell case are of little help in resolving
the present matter.

The respondent relied heavily upon the decision of the Tax
Appeal Board in the Bloom case.

In that case the appellant Bloom was described as ritual director
of a Synagogue. He acted as assistant to the Rabbi. In many
respects, it would appear that the role of this ritual director was
similar to the role of the Cantor or pretre officiant. However, the
Court is of opinion that two valid distinctions must be made in the
present case and both of these appear on the last page of the judg-
ment rendered by the President of the Tax Appeal Board which
appears at page 212.

The President cites a definition of the word 'Clergy" and states
as follows:

"Clergy" is defined in the Shorter Oxford English Dictionary
as "the clerical order; the body of men set apart by ordination
for religious service in a Christian church; opp. to laity". Even
disregarding the reference to the Christian Church in the above
definition, the evidence in the present case was that the ap-
pellant was not a member of a body of men set apart by ordi-
nation for religions service in the Hebrew faith".
In this connection the Court is bound to remark that the text
of Law with which we are concerned in no part refers to the question
of "ordination" but in fact uses the expression "by appointment".
The evidence made it clear that in each case herein the Cantors
were duly appointed by their respective congregations.

The second distinction which must be made with the judgment
in the Bloom case appears in the last sentence of the judgment
therein which reads as follows:

"Furthermore, unlike an ordained minister of any religious or-

40

ganization, including a Rabbi of the J ewish faith, if the ap-
pellant ceased to occupy the position of ritual director with his
present congregation and reverted to earning his living as an
ordinary businessman, he would carry with him no title or
designation which would give him any special recognition as the
possessor of any special religious qualifications."
In each of the cases before the Court, the petitioner was in
fact duly "commissioned" as a Cantor and even if he ceased repre-
senting his particular congregation, he would continue to carry the
title of Cantor or Hazzan.

It is a well recognized rule in taxing statutes that the subject
is not to be taxed unless the language of the statute clearly imposes
the obligation to pay. On the other hand it is equally well recog-
nized that where the wording is clear and without ambiguity there
is no question of seeking out intentions; there is no equity in a tax
statute; there is no question of presumption. If the words are clear,
that is the tax, that is the obligation of the taxpayer. A further
principle which constitutes a sizeable difficulty for petitioners herein
is that in order to benefit from the provisions of an exempting
section in a tax law, one must comply strictly with each and all of
the requirements of the section in question.

In this latter connection, the Court feels it useful to cite an-
other extract from "De Boo Canada Tax Service" beginning at the
top of page 8.152:

'The apparent complexity of this provision is due to the
desire of the legislators to extend its application beyond clergy-
men in the larger denominations to include the bona fide prac-
tical equivalent thereof and yet at the same time to withhold
its application from any individuals who are not actually ful-
filling an active role in the direct service of their organizations.
Accordingly, a compound test is provided and the deduction is
allowed only:
( 1) If the taxpayer is

— a member of the clergy or a religious order, or

— a regular minister of a religious denomination

AND
(2) If he is

— in charge of or ministering to a diocese, parish or
congregation, or

— engaged exclusively in full-time administrative service
on behalf of his order or denomination."

The words underlined are so underlined by the Court to stress
the disjunctive "or" as well as the conjunctive "and" in the last

41

part of the above citation, where the operative clauses of the
exempting section of the act are paraphrased.

Not only is the text of the section in question complex but its
interpretation is rendered more difficult by the series of alternative
applications as indicated by the repeated use of the disjunctive
"or".

As a result the Court feels bound in applying the text of the
law to petitioners in the present case, that said text will then read
as follows :

. . Where a taxpayer is a member of a religious order and is

ministering to a congregation . . .". In addition he is doing so

on a full-time basis.

In the opinion of the Court it follows that petitioners are en-
titled to the exemption provided by said section.

The attorney for respondent objected to the production in the
Court record of the Federal Returns and Assessments received by
petitioners for the various years in question, and wherein it is
admitted that the Federal Authorities allowed the disputed de-
ductions for the taxation years under review. Such objection was
based on the fact that the Federal Assessor concerned should have
produced the said assessments and should have been present in
Court to explain his decision. With respect to the contested Pro-
vincial Assessments in the present cases, same were duly filed in
the record as well as copies of certain "Notices of Objection". The
witness Bourque an employee of respondent explained how she had
studied these "Notices of Objection" and had disallowed same after
such study. Her testimony however was of little help in resolving
the problem posed in the present case. The Court is of opinion
that the reasons which might have been given by the Federal As-
sessors for adopting a different conclusion would equally have been
of little help. The said objection is therefore rejected.

In any event the Court feels that the present case must be
decided on its own merits, and the decision of the Federal Author-
ities are not necessarily binding on the Court.

On the other hand the Court has found it helpful to study at
some length the position taken by our own Federal Authorities, as
well as by the Courts of the United States dealing with similar
provisions. The U.S. decisions are reflected in the notes filed on
behalf of petitioner. The texts of the judgments contained therein
form part of the present record.

As has been stated elsewhere, 'These decisions are not bind-

ing upon me by reason of authority, but by authority of reason".

I n view of all the foregoing, the Court concludes that petitioners
herein are entitled to the deduction permitted by Section 11 (1)
(q) of the Income Tax Act and mutatis mutandis under section 6
of the Income Tax Act of Quebec and further that the assessments
proposed by respondent are unfounded in fact and in law.

WHEREFORE, A) the appeal of petitioner Solomon Gisser in
case number 3605 Ex parte is granted and the assessment issued
against him for the taxation year 1966 is hereby vacated;

B) the appeal of petitioner Hyman Gisser in case number 3528
Ex parte is granted and the assessment issued against him for the
taxation year 1967 is hereby vacated;

C) the appeal of petitioner Tibor Holczer in case number 3529
Ex parte is granted and the assessments issued against him for the
taxation years 1966 and 1967 are hereby vacated;

D) the appeal of petitioner Tibor Holczer in case number 3635
Ex parte is granted and the assessments issued against him for the
taxation years 1963, 1964 and 1965 are hereby vacated;

E) the appeal of petitioner Benjamin Hass in case number 3604
Ex parte is granted and the assessments issued against him for the
taxation years 1965, 1966, 1967 and 1968 are hereby vacated:

THE WHOLE with costs.

J . Richard Hyde

Mes. Phillips & Vineberg,
Attorneys for petitioners.

Me. Gaetan Ouellet,
Attorney for respondents.

The Minister of Revenue of the
Province of Quebec.

REVIEW OF NEW MUSIC

Jack GOTTLIEB

L'CHA ANU SHIRA, Sabbath Eve Service for Cantor, Choir,
Congregation and Organ, by Ben Steinberg, Transcontinental Music
Publishers (TCL 869), $4, C. 1973. Commissioned by Congregation
Emanu-EI B'nejeshrun, Milwaukee, Wise.

ZECHER L'MAASEH, Friday Evening Service for Cantor and
Choir, by Lazar Weiner, Transcontinental (TCL 890), $4, C. 1973.
Commissioned by Central Synagogue, New York, N.Y.

MEMORIAL CANTATA, for Chorus, Tenor Solo and Orch-
estra, by Herbert Fromm, Transcontinental (TCL 380: piano-vocal
score), $3, C. 1973.

I

It has always struck me that most reviews of new J ewish music
have been guilty of indulging in a kind of Christian agape or love
feast. Since many of the reviewers are themselves composers of li-
turgical music (like myself), one gets the impression that they
tread lightly in their evaluations; for, perhaps next time the tables
could be turned, and the reviewer will be critiqued by the reviewee.
After all, charity begins at home, and eventually one comes face to
face with a colleague, all of us members of a very small circle, indeed.
It would seem, then, that the ideal critic is one personally unknown
to the composer, a totally objective reporter. (Or could the so-
lution be to adopt a pseudonym?) I, for one, am known to the
three distinguished gentlemen herein examined; and so in advance
I invite them to heap lavish praise upon me when it comes their
turn to roast me in print, no matter what I may say about their
work.

II
Ben Steinberg's L'CHA ANU SHIRA is a work of hits and
misses. Its strongest selections are the recitative cantorial solos:
V'ahavta, Emet, Avot, R'tseh Vimnuchatenu and Shalom Rav
(which has already become an instant classic). But less successful
are some of the choral settings: Bar'chu, Sh'ma, Yih'yu L'ratson

In the fall of 1973, J ack Gottlieb
and Composer-in-Residence at the
College in New York.

44

and the Vaanachnu, which are rather pedestrian. One gets the im-
pression that these latter pieces are really solos, hiding in four-part
disguise.

The choral participation in the opening L'cha Dodi also seems
arbitrary. That is, the choral parts are not indigenous to the concept
of the whole. I find the "Hassidic" main refrain even more question-
able. Why the stress on the first letter of the word "P'ney"?-
surely misconceived. The tonic chord (bar 3) immediately followed
by another root position tonic is just plain dull, and could have
been easily avoided by going to a first inversion on the downbeat.
But the "let's-get-the-congregation-to-sing-along" artifice of it all
does not ring true in a work containing such sensitive cantorial
gems as the A vot and V'ahauta. (However, I wish to emphasize that
this is a purely subjective reaction, which may well be a minority
opinion. The composer, in his Preface, states that he is striving to
encourage active music roles" for all, including the congregant.)

Like too many other gebrauch services (including Steinberg's
earlier Pirchay Shir Kodesh), this new work contains sections which
begin cold, with no starting pitch or characteristic organ introduc-
tion (eg. L'cha Dodi, Bar'chu, V'shamru, R'steh Vimnuchatenu and
Yih'yu L'ratson, where it is particularly needed). Who is to blame
for such sloppiness? Is it an editorial error or should we hold the
composer responsible? What is the organist supposed to play: the
tonic note, the first note of the soprano, a few bars (which?), melody
line or accompaniment figuration? This inattentiveness to overall
form detracts from the total musical values, and composers, in gen-
eral, should be more vigilant about such significant detail. Strictly
speaking, this observation does not. apply to the V'shamru, which is
a cappella. It is a lovely setting-a bit more difficult than the rest,
in this basically sight-readable service. Nevertheless, it too mas-
querades as a solo in the guise of a group piece.
Miscellany :

1. If alternate notes for the cantor are sometimes given (p. 34)
why not elsewhere, when needed (p. 6, which goes to high G) ?

2. The bunching up of the "Boi v'shalom" section, p. 10, could
have been rectified by eliminating the empty organ bars, and mark-
ing the section a cappella.

3. Is the F, organ left-hand p. 13, first beat of the second sys-
tem, really intended by the composer?

4. If the choir performs Emet (p. 17)-a refreshing, needed
setting, leading into a delightful Mi C ha mocha- they should be sure

to perform the R'steh since the same tune reappears (p. 32), making
for a musical link.

5. "Beyn-ni," p. 24, seventh bar, is an incorrect transliteration.

6. On p. 27, third system, a D-flat is missing on the last syllable
of "u-va-ruch."

7. Why no organ phrasings throughout?

8. If the organ duplication of the voices in Yih'yu L'ratson (p.
39) is for rehearsal only, it should have been in cue-size notation.

9. The symbolism, at the conclusion, of the D octave on the
syllable "-chad" is obvious to the eye; but it could have been made
obvious to the ear by one more choral repetition, on the same note,
for the full word "echad."

Despite its mixed bag attributes, Steinberg's new service is a
solid, first-rate contribution to contemporary synagogue music, and
its extended solo pieces surely must rank among the finest of their
kind.

Ill

The title of Lazar Weiner's ZECHER L'MAASEH is appropri-
ate in several ways. First, it "recalls the accomplishments" of the
century-old Central Synagogue, where the composer has served as
Music Director for more than forty years. It also "remembers the
deeds" of our martyrs, with the choir intoning the familiar folk
"Ani Maamin", near the end, under the Kaddish, followed by a
moving Closing Sh'ma, "for (in the composer's words) the worship-
pers to remember our credo." This emphasis on commemoration is
reinforced musically throughout by the leitmotif use of the tradi-
tional Sabbath nusach of Adonai malach. Stated at the outset, in
an unusual organ prelude cum choral vocalise, the motif reappears
in the Mi Chamocha (but varied), in the organ meditation (p. 21),
bitonally transformed, subliminally in the Kiddush and directly in
the Yism'chu (p. 33), On That Day and the final organ bars.

Whereas Steinberg's organ writing is mostly a harmonic mirror
of the chorus, Weiner's is far more assertive. This is both its virtue
and a distraction. As in other Weiner works, the keyboard figura-
tions often lead independent lives sometimes enhancing the texts,
but elsewhere sounding like just so much busy-work, not organic
organ writing. Take, for instance, the wistful displaced octave motive
that ushers in the V'shamru. At first, one wonders what possible
connection this chromatic instrumental line could have with the non-
chromatic vocal line (practically all "white" notes). For this listener,
at least, its separateness suggests a kind of celestial finger pointing

46

downward, illuminating the Biblical commandment of the text. It
is most touching.

On the other hand, the eighth-note activity of the organ in
Ml Chamocha is like a Baroque "sewing-machine" accompaniment,
whirring away with no discernable relationship to the vocal com-
ponents. The writing, by the way, could be simplified by indicating
8' and 16' stops for the right hand, with the left hand playing the
upper voice of the pedal ("double-stops" in organ pedals always
sound muddy). Why the perverse dissonance on the women's "feleh"
(p. II)? When the same major 7th, appears on the last syllable of
"baruch" in Vaanachnu (p. 35), we feel the Tightness of its voice
leading. Similarly, in the Closing Sh'ma the 7ths in the organ are
needlesharp, alerting the listener to the over-all poetic intention.
But at the Mi Chamocha cadence, it merely grates the ear. One
other thing about this piece, which surprises me, is the melodic
phrase on the top of p. 10 (also found at the start of the Sh/ma and
in the Yism-chu). It is almost an exact duplication of the Mi
Chamocha theme in Raymond Smolover's rock service EDGE OF
FREEDOM! Eighth note supportive motion is justified in the
"plague" section of Hashkivenu (p. 17), where it generates terrific
excitement. Here the drama of the text is intensified, spilling over
into sixteenths at the molto appassionato (p. 19). Although it does
not use the entire prayer text, the setting is artistically viable and
convincing. I am not sure the same can be said of the Yih'yu
L'ratson, where archaic "organum" parallelisms accompany the
soprano solo. The male choir takes over this almost monotone role
(the organ dropping out) as a background to the women, in a quasi-
dirge on "May the Wads." The musical effect is curiously acerbic,
almost antithetical to the text.

However, the Kiddush banishes all previous severity, returning
to a more familiar style, easy flowing, warm and affectionate. It even
has hints of a blues flavor. (See, also, the fourth bar of the organ
in Vaanachnu, a typical blues phrase if ever there was one). The
gcmutlichkeit continues in the unaccompanied Yism'chu, labeled
Hassidic (for popular consumption?). A volunteer choir could prob-
ably perform this effectively (especially since it does not modulate),
but basses beware-there are interval lie traps.

All in all, this is an important work by an elder statesman of
synagogue music, meriting our respectful attention and, ultimately,
our gratitude.

IV

Something else. There is a current trend to transliterate, from
Sephardic Hebrew, the tseyreh vowel (. .) as "e" alone, making the

47
sound equivalent to the segol (•.•), as in "met." However, when the
tseyreh is followed by a yud ('. .) it becomes the stronger dipthong
"ey," as in "they." We find this principle followed in both of these
recent publications. If this practice becomes the rule, I hope that
the segol could be distinguished from the unsupported tseyreh by
a transliteration of "eh." Actually, the sound of the tseyreh alone
lies somewhere between "eh" and "ey;" but I doubt that most of
us non-Sabras can match it. In any case, it will take extra effort to
change years of habit in pronunciation, especially when interior
rhymes are negated (elg. "Hashkiveynu Adonai eloheynu" versus
"Hashkivenu Adonai eloheynu").

Like Weiner, Herbert Fromm has been dubbed THE Dean of
American Synagogue music. With his new MEMORIAL CANTATA,
Fromm has given us a substantial and noble work that can be per-
formed outside of the synagogue, at secular events, as well as at
Holocaust observances and other solemn anniversaries. But it is not
just apiece d'occasion; any choral concert would be handsomely
enhanced by its inclusion. Its four movements, in English, are taken
respectively from: Samuel II ("How are the mighty fallen") Job
("Man that is born of women"), Ecclesiastes ("Vanity of vanities")
and Ben Sirach ("Now let us praise famous men"). These are digni-
fied, sober words, craftily selected. Yet a quizzical thought comes to
mind. Will the Women's Lib movement welcome the juxtaposition
of David's lament over Jonathan: "... thy love to me, passing
the love of women" (end of Movement I) next to "man that is born
of woman is ... full of trouble" (the beginning of Movement II) ?

The influence of Paul Hindemith is keenly felt throughout the
entire Cantata. Fromm studied with Hindemith, in 1941, at the
Berkshire Music Center. The illustrious teacher was famous for
molding his students into facsimiles of himself; and Fromm did not
entirely escape this powerful force. It is evident in his Friday
Evening service of 1943, ADATH ISRAEL, and, here thirty years
later, it still is pervasive. But Fromm sustains and reshapes it with
his typical artistic integrity and economy of texture. The Cantata's
vocal writing is basically simple and direct in its declamation.
(But is not the stress on the second syllable of "Gil-bo-a," p. 5,
rather than on the first?) Only the relatively dense fugato section
of the last movement momentarily befuddles the choral clarity. The
tenor solo line is more recitative than aria, but effective nevertheless.

One objection, however, in an otherwise beautiful publication:

the editors have seen fit to put the solo line under the choral parts,
whenever they appear simultaneously. This is contrary to the usual
practice, and it is irritating to hunt for the location of the solo line
in several places.

As in Hindemith, much of the orchestral (to be accurate: key-
board) writing is neo-Bachian-exquisite contrapuntal threads
weaving in and out of the vocal fabric. The main motive in the sec-
ond movement (a rising major second followed by a falling minor
third) is strikingly akin to a leading motive in the fourth movement
of Lukas Foss' A PARABLE OF DEATH of 1953. (There are other
connections.) Even here, however, there is a larger controlling fac-
tor; for Foss, too, in his early works at least, was a satellite revolving
around the Hindemithian sun. But there are good and bad influ-
ences; and in this instance Fromm has created a masterful "requiem"
of the first rank, one that can stand magnificently alongside any
comparable composition by his mentor. It deserves to be widely
performed, beyond the sphere of the American-J ewish audience.

A NEW WORK RECORDED

PINCHAS Spiro

PSALMS OF ISRAEL: A HALLEL ORATORIO

by ISSACHAR Ml RON

Stereo Recording performed by Beth Abraham Youth Chorale

Hazzan J erome B. Kopmar, Director

Hazzan Louis Danto, Soloist

(The Musical Heritage Society, Inc. MHS 1704)

The good news is that Hazzan J erome Kopmar, after an inter-
ruption of several years, is back in action. He has again commis-
sioned a new work for children's choirs and again performed it in
a superlative recording.

In his new position in Dayton, Ohio, he has repeated the miracle
that he had created earlier in Akron, namely, organizing and training
some sixty youngsters and turning them into a musical ensemble
that is, beyond doubt, the finest of its kind in the country. Hazzan
Kopmar has also not lost his ability to communicate his enthusiasm
for youth choirs to the members of his congregation and to obtain
their all-out support. Last year, to celebrate Israel's 25th Anni-
versary, his congregation provided him with funds to commission
Issachar Miron to compose a major work especially for his Youth
Chorale. The result of this commission is "Psalms of Israel: A Hallel
Oratorio". The premiere performance of this work, last May, was
taped and an excellent stereo recording of this live performance is
now available to the public. In addition to the inspired group of
youngsters directed by Hazazn Kopmar, this gem of a recording
also has another great asset, the incomparable Hazzan Louis Danto
as soloist.

Since the work was commissioned to celebrate Israel's 25th
Anniversary, the choice of both the composer and the subject mat-
ter were most appropriate. Issachar Miron is one of Israel's most
respected composers, and the theme of thanksgiving of the Hallel
text is a logical one.

Pinchas Spiro is the distinguished hazzan of Tifereth Israel Synagogue
of Des Moines, Iowa. He is the author of a text on haftarah cantillation,
"Haftarah Chanting, J ewish Education Committee Press, New York, and a
number of widely used services for J unior Congregations and J unior Haz-
zanim.

50

The Hal lei Oratorio is scored for a high tenor soloist, a three-
part youth choir and an instrumental ensemble consisting of two
cellos, one bass, a flute, a trumpet, a clarinet, piano and organ.
Rather than base his composition on tradition Hal lei nusach or on
familiar Israeli motifs, Miron chose to imbue it with his own per-
sonalized style and to be unrestricted by any outside considerations.
It is a work of considerable stature. It has a great deal of melodic
and harmonic interest as well as a variety of moods and tempi. Some
of the selections are ecstatic and dance-like, moving along at a
furious pace; others are beautifully lyric and poetic. It must be
pointed out that this is a complex and rather difficult work, prob-
ably too difficult for most youth choirs, but it is not beyond the
capabilities of this rare group. In fact, the work serves as an ex-
cellent vehicle for this Youth Chorale's virtuosity.

The fine performance of the Beth Abraham Youth Chorale in
its initial debut is clear evidence of its conductor's increasing and
maturing ability. It is hard to imagine that a group of ordinary
youngsters, culled from a small Jewish community, could perform
such an intricate work with such clarity, confidence, enthusiasm
and such apparent ease. But hearing is believing. Particularly ef-
fective, really stunning, are the several a cappella selections. J ust
as he had done with his previous choral group in Akron, Hazzan
Kopmar has again trained his new group in Dayton to produce a
lovely and controlled sound-a sound that emphasises the natural
quality of the children's voices. The secret of his success is still
the small sound-innocent but precise. The diction is clear and
the attacks are clean. The total effect is most satisfying. The
choice of Hazzan Danto as soloist was a particularly fortunate one.
His lovely, smooth and effortless style of singing is a perfect match
to the clear and innocent sound of the children. Together, they
spin a magical spell.