In light of the previous post regarding the Hilkhot HaMedinah, I have been able to obtain further information of the ban. The BaDaTz issued an Issur (reproduced below) noting that Hilkhot HaMedinah was published without the permission of the descendants of R. Waldenberg and the descendants object to its publication. Although Hilkhot HaMedinah is not mentioned by name – instead only “the books printed after his [R. Waldenberg’s] death” – to my knowledge the only book published after his death has been Hilkhot HaMedinah.

What is ironic is R. Waldenberg appears to have addressed this very issue – people printing books of those who have died without the permission of the descendants. R. Waldenberg (in Tzitz Eliezer, vol. 20, no. 51, pp. 129-130) was asked about books published where the author reserved the right to publication and is now dead and his descendants are not going to publish it can it be published without their permission? R. Waldenberg responded that in such a case one is allowed to republish such a book. R. Waldenberg marshals the case of the where the author of the Kitzur Shulhan Orach, R. Ganzfried, was asked to republish his own work with the commentary of the Mesgeret haShulhan. R. Ganzfried declined. But, when R. Ganzfried died the author of the Mesgeret haShulhan did exactly that – he republished the Kitzur with his own commentary. The Mesgeret haShulhan obtained haskamot to justify what he did, one from the author of the Shaul u-Mashiv who explicitly permitted the republication even though the author objected during his lifetime.

Thus, R. Waldenberg argued that in cases where the author objected to the republication of his work, such objections are insufficient to stop publication after his death. Consequently, it would appear that if R. Waldenberg’s descendants are not otherwise intending on republishing Hilkhot HaMedinah, at least according to R. Waldenberg, one would be permitted to republish the work, even without their permission, even if they object.

Once again we have two new incidents of censorship in the Hebrew book world.

R. Eliezer Waldenberg, who recently passed away, is well-known for his teshuvot “Tzitz Eliezer,” and also authored another work – which has recently been reprinted. This book, Hilkhot HaMedinah, originally published in 1952, deals with issues affecting the Jewish state. The book is three volumes in one and includes topics such as the renewal of semikha (Rabbinic ordination), the question of drafting men and women (he includes an exemption for those decedents from the Levite class!), and this issue of voting rights. [For those interested in R. Reuven Margoliyot, there is a letter to R. Waldenberg (vol. 2 pp. 240-41 and see also R. Tzvi Pesach Frank’s letter, p. 20)].

This work was only printed in 1952 and until last week remained somewhat unknown (although is included in R. Waldenberg’s wikipedia entry here). But then last week, someone decided that this book should be available to the wider public and had it reprinted.

On Thursday, however, a few hours after the reprint became available R. Waldenberg’s family had it removed from all the stores claiming it is an embarrassment to them!

The second incident of censorship also concerns a older contemporary of R. Waldenberg – R. Tzvi Pesach Frank.

Makhon Oz ve-Hadar has reprinted Megilat Tannis. This reprint, which is available separately as well as part of their series Mesivta, targeted at those studying Daf Yomi, would be unremarkable. This edition they included punctuation to the text and included some standard commentaries. One of those commentaries – “Eshel Avraham” by R. Avraham Bornstein was originally printed in Jerusalem in 1908. In this edition they have included the haskamot (approbations) from the original book which include, inter alia, R. Yosef Hayyim Sonnenfeld and R. Hayyim Berlin. But, for some reason they have decided to remove the haskama from R. Tzvi Pesach Frank. To be fair Oz ve-Hadar thought the haskama good enough as they include the text of it – they just leave out the signatories. First, anyone can see this omission as the book is available for free at Hebrewbooks.org (see here). Second, R. Tzvi Pesach Frank did not only give a haskama, R. Bornstein also included a letter from R. Frank in his commentary (see p. 120b in the original). Now, aside from removing the haskama Oz ve-Hadar was able to avoid having this mention of R. Frank by not including half of R. Bornstein’s work. Instead, R. Borenstein’s work is split into two parts the first a simple commentary more to just explain the text of Megilat Tannis and the second half is a more in depth discussion. Oz ve-Hadar only included the first part and not the second. R. Frank’s letter appears in the second part. Of course, this is not to say they did not include this portion solely because R. Frank’s letter, instead, this is merely to point out how R. Borenstein viewed R. Frank. This exclusion of the second half is still somewhat ironic in that Oz ve-Hadar note on the title page of Megilat Tannis as one of the commentaries they include is that of R. Avraham b. Yosef haLevi which they included based upon the first edition “as later editions left out almost half of his commentary.” Oz ve-Hadar could say the same about themselves and R. Borenstein’s commentary.