In several previous posts at the Seforim blog, I have discussed instances of plagiarism and, in this post, I would like to mention one of the more famous instances of plagiarism within Jewish literature. To be clear, the issues of plagiarism under discussion lack any ambiguity, these discussed are limited to when the entire book is republished with the only difference being the authors name at the beginning.

One of the smaller and lesser known Midrashim is one titled Midrash Aggadat Bereishit. This Midrash was originally published in a collection of other small works by R. Menachem de Lonzano titled Shetei Yadot (Venice, 1618).[1]

This Midrash languished in obscurity until 1802, until it was brought to light by R. Avraham, the son of R. Elijah, the Gaon of Vilna.[2] R. Avraham had an intense interest in Midrashic literature and published a bibliography on the topic, entitling the work Rav Pealim.[3] R. Avraham decided to reprint this Midrash in its own edition, although he included other small Midrashim at the end, the focus is on the Aggadat Bereishit. R. Avraham includes an extensive introduction – the subject of a minor critique by R. Matityahu Strashun of Vilna[4] — where R. Avraham also quotes from his father, R. Elijah, the Gaon of Vilna.

It appears that R. Avraham did too good of a job. Not two years later, in 1804, R. Yaakov b. Naftali Hertz published Midrash Aggadat Bereishit. Now, obviously, the Midrash itself was not copyrighted and both note that they are merely republishing what originally appeared in Lonzano’s work, but Hertz’s work did not only republish the text of this obscure Midrash, as was common within Vilna rabbinic circles at that time,[5] but Hertz also included with small exception (discussed below) the entirety of R. Avraham’s introduction.

There are, to be sure, several additional problems with Hertz’s 1804 reprint. On the most basic of levels, the title page is the same as that of R. Avraham’s 1802 edition [reprinted below], including the sentence which implies that this is but the second printing and that it hasn’t been republished since Lonzano. The title page (in both edition) reads:

Obviously, this assertion would be applicable to the first publication after close to two hundred years, not to a volume republishing something which had been published just two years prior.

The second issue of plagiarism, however, is a much bigger one. As mentioned above, R. Avraham didn’t just republish the text of Aggadat Bereishit itself; instead, he included an introduction quoting his father, R. Elijah, the Gaon of Vilna. In Hertz’s edition the same introduction similarly appears, but with several differences. Instead of ending with R. Avraham’s signature, as it does in the 1802 edition, Hertz’s is unsigned although the introduction is the same. Additionally, R. Avraham, as mentioned above, quotes from his father noting “ושמעתי ממר אבא הגאון,” (I have heard from my father the Gaon); as Hertz’s father wasn’t the Gaon, he needed to change this or otherwise reveal his plagiarism and thus his only says “ושמעתי” (“I have heard”).[6]

Finally, there is one additional distinction that is most indicative of the two personalities. R. Avraham finishes his introduction by minimizing his contribution he states

כי לא עשיתי פה מאומה רק קבצתי ברייתות איידי דזוטרא מרכסי’ וחברתי לאחד בכרך הזאת

I did not do all that much, rather all I did was gather the small berisot and placed them together in this book.

In Hertz’s edition, however, he decided to edit this sentence – this sentence which implies humbleness – out. Perhaps one can suggest that as Hertz’s intention in plagiarizing from R. Avraham was to make it appear he had done something worthwhile, including such a statement would undermine his plan.

To conclude, although one may assume that a plagiarizer would typically steal from someone lesser known to minimize his chances of being found out. This instance demonstrates that no one, even the son of the Vilna Gaon, is immune from this type of behavior.

Sources:
[1] On R. Menachem de Lonzano, see the bibliography collected in David Loewinger, “Lonzano, Menahem ben Judah de,” Encyclopaedia Judaica 13 (2007): 187-188; On his recovery of obscure Midrashic texts, see Isidore Epstein, “Books and Bookmen: A Lost Midrash,” London Jewish Chronicle (March 9, 1934), 24.
[2] On R. Avraham, the son of R. Elijah, the Gaon of Vilna, see R. S.Y. Finn, Kiryah Neemanah (Vilna, 1905), 210-221; and, more recently, see R Shlomo Gottesman, “Kuntres Chomat Avraham,” Yeshurun 4 (1998): 123-154.
[3] Published posthumously in Warsaw, 1894.
[4] See R. Matityahu Strashun, Mivchar Ketavim (Mossad ha-Rav Kook, 1969), 229-230. On the famed Strashun family of Vilna, see here and, earlier, Zvi Harkavy, “Rabbi Matityahu Strashun,” Areshet: An Annual of Hebrew Booklore 3 (1961): 426; and Rabbi Shmuel Strashun mi-Vilna (Jerusalem, 1957).
[5] For an excellent and significant survey of nineteenth century rabbinic scholars who researched and published the Midrashic literature, see Gil S. Perl, “Emek ha-Neziv: A Window into the Intellectual Universe of Rabbi Naftali Zvi Yehudah Berlin,” (PhD dissertation, Harvard University, 2006), 145-146.
[6] As is too often the case, the individuals who republish works are unaware of the bibliographic history, this case is no exception. In the Warsaw 1866 reprint and photomechanical reproduction (Jerusalem, 2000[!]) with numerous commentaries on this Midrash, the editors reprinted Hertz’s 1804 introduction with just the שמעתי with the proper attribution that in fact this comment is from the Vilna Gaon. For a listing of the various editions of this Midrash and commentaries composed on it, see R. Menachem Mendel Kasher, Sari ha-Elef (Jerusalem, 1984), 22-23.

To Adolf, from Cecil

by Menachem Butler

During a Sunday afternoon trip to Biegeleisen in Boro Park, I came across 650-page collection of rare letters from the personal collection of R. David Solomon Sassoon (of Jerusalem, Israel) that has just been published in Israel,[1] I hope to discuss this new publication in some detail in the following weeks, however, I did want to first make mention of the 1941 biography of the Sassoon family, written by British scholar and Oxford-trained historian Prof. Cecil Roth.

In the short official obituary for Dr. Cecil Roth in the London Jewish Chronicle following his passing in Jerusalem in June 1970, there is a short and peculiar reference to Roth’s study of the famed Sassoon merchant family. The brief mention within the obituary refers not to the contents of his “comprehensive history” of the renown Bombay-born and London-based Jewish family, [2] where he dispels the notion that the Sassoon family were simply to be considered “the Rothschilds of the East,”[3] but rather to his unfathomable inscription of the work to Adolf Hitler.[4]

The following is Cecil Roth’s inscription to The Sassoon Family:[5]

 

To Adolf Hitler
Fuehrer of the German Reich

For two reasons I desire to inscribe your name at the beginning of this book. The first is, that I consider its topic to be a useful object-lesson to the unfortunate people whom you have misled into thinking themselves a pure and superior “race” (whatever that may mean). The most rudimentary political commonsense should make it obvious that the absorption of gifted foreign families cannot be other than an advantage for a civilized state. England and English life have in particular been enriched for centuries past by receiving fresh elements from other sources, and there can surely be no reason to regret a liberality that has endowed her with soldiers, philanthropists and poets such as the Sassoon family and many life it have produced. Germany under you guidance has deliberately set herself on the path not merely of self-destruction (which while her present temper lasts would be a peculiar book to humanity at large) but of self-dementation.

In the second place, I am happy to have this opportunity to express once again, as publicly as I may, my profound execration and abhorrence, not merely as a Jew and an Englishman but as a human being, of you, your ideals, your ideas, your methods and all that you stand for. Should God punish the sins of the world by allowing you a momentary victory, I trust that this declaration will bring upon me the honour of the most drastic attention of your nauseous tools, for life in such circumstances would not be worth the having.

Cecil Roth

Sources:
[1] Nahalat Avot: Teshuvot, Michtavim, Tefillot, Minhagim (Yad Samuel Franco, 2007); published on the occasion of Chanah Sassoon’s recent wedding to R. Yehuda Michel Nissel.
[2] In 1968, a later work on the Sassoon family [Stanley Jackson, The Sassoons (London, 1968)] appeared and “superseded” the earlier work by Roth, as the author of this later work “had a clear advantage” as he had access to the personal papers of many Sassoon family members. See London Jewish Chronicle (May 3, 1968), 25. Notwithstanding this criticism, it was already noted in a 1941 review of Roth’s book that he had “not been granted access to ‘family’ records… [and] gathered a vast amount of authentic information, including many delightful stories, that has enabled him to present a comprehensive history of the Sassoon clan with his customary literary skill and thoroughness.” See London Jewish Chronicle(May 30, 1941), 22.
[3] For early uses of this phrase, see, for example, London Jewish Chronicle (April 19, 1907), 21; ibid, (March 22, 1912), 16.
[4] “Obituary: Dr. Cecil Roth,” London Jewish Chronicle (June 26, 1970), 38.
[5] The dedication appears in Cecil Roth, The Sassoon Family (London, 1941) and I thank Joshua Lovinger for kindly directing me towards this fascinating and little-known source.

Dr. Neil Rosenstein, who has already published some rather important works on Jewish genealogy generally, as well as on R. Elijah Gaon of Vilna, has published a new book, devoted to R. Saul (Wahl) Katzenellenbogen. His earlier two-volume landmark work, The Unbroken Chain: Biographical Sketches and Genealogy of Illustrious Jewish Families from the 15th-20th Century, lists in great detail, the descendants of R. Saul (Wahl) Katzenellenbogen. R. Saul is best known for the legend that he became king for a day over Poland. The story goes that that after the Polish king died, the nobles were unable to come to an agreement who would replace him. The law, however, mandated that there not be a day go by without a king in place. The nobles decided to temporarily grant R. Saul Wahl the kingship until they could come to a consensus. In the end, R. Saul Wahl remained king for one day and during that time enacted various law for the benefit of the Jews.

Dr. Rosenstein, has now collected in English for the first time, just about everything there is about this legend and more generally about Saul Wahl (including Saul Wahl’s library). He uncovered a document which has bearing on the dating of Saul Wahl’s death date as well as much other primary material. Additionally, he includes an extensive discussion about how this legend developed, as well as an article (by Professor S. A. Bershadsky) about Saul Wahl, as recorded in Polish and Russian literature. As Dr. Rosenstein is an expert in Jewish Genealogy and on the Katzenellenbogen family, he includes an extensive genealogy of Saul Wahl and his family. The book also includes about the history of the some of the figures involved in the Saul Wahl king story as well as more general history of the time. Most everything in the book includes photocopies of either the relevant documents or materials.

While the book contains much fascinating material on Saul Wahl, I think that it is worthwhile to make note of a few things that Dr. Rosenstein was apparently unaware of their existence. Dr. Rosenstein notes the first mention of Saul Wahl being king, there were prior mentions of Saul Wahl and his standing, but not the king legend – and Rosenstein includes these earlier mentions as well – appears in the work Yesh M’Nechalin (previously touched upon at the Seforim blog here) authored by R. Pinchas Katzenellenbogen (no. 53-55), a descendant of Saul Wahl. But, Rosenstein appears to be unaware that this book is actually published; he notes that it remains in manuscript form, but never notes that in fact it has been printed in 1986! While obviously there is nothing wrong with going to the source – here, the manuscript – it helps the reader to know that they can also view the details somewhere for themselves.

Another omission is Dr. Rosenstein includes a discussion of the medical school in Padua but appears to be unaware that this school and its Jewish connection and graduates was discussed extensively by Prof. David Ruderman (Jewish Thought and Scientific Discovery in Early Modern Europe [Yale University, 1995], esp. pp. 100-118) and Dr. Ruderman’s discussion would enhance Dr. Rosenstein’s considerably.

The book is available at Beigeleisen, as well as here.

A few years ago (c2000) a fascinating sefer was reprinted called Menuchah u-Kedushah. The sefer was written by R. Yisrael Isserl from Ponevezh. Not much is known about the author except that he was a talmid of R. Hayyim of Volozhin. It’s clear from the sefer that he was a very special person and a big talmid hakham. The haskamot that he received from the R. Naftali Zevi Yehudah Berlin (Neziv), R. Bezalel HaKohen and R. Avraham Eisenstadt, author of the Pitchei Teshuva, show that he was a very prominent, well-known person (for some reason these haskamot were omitted in the reprinted edition). R. Shlomo Elyashiv, the author of the Leshem, also writes that he was an Ish Kadosh, a Holy Man. It appears that he was a melamed [teacher], and (as we will see) it seems that he must have been an excellent one. In the recent reprint, R. Shmuel Auerbach writes that the sefer was famous in particular as a guide in raising children and many followed it and became true Ovdei Hashem. Interestingly, the sefer was originally published anonymously (Vilna, 1864).

In this post I would like to discuss this sefer a bit. The author in his introduction (which, oddly enough, was omitted in the newest reprinted version of the sefer) outlines very clearly what he had wanted to accomplish with this work. Divided into three parts, the first is called Sha’ar HaTefillah, an explaining as to what one should do in order for his tefillot to be accepted. Included are many explanations on different parts of Tefillah. The second part is called Sha’ar HaTorah, which is the way the author feels one should teach children. The third part is called Sha’ar Yichud HaMa’aseh which includes advice how to battle the Yetzer Hara in all different situations.

The sefer reviews many interesting things especially vignettes from R. Elijah Gaon of Vilna (the Gra) and R. Hayyim of Volozhin. Also, included are many beautiful explanations on different areas of Tanakh and Aggadah. Aside from the explanations, this the sefer also includes many halakhot and minhagim. The sefer begins with a nice collection of halakhot of kavod seforim including that the prohibition to use one sefer under another one to bring it closer to you, or leaning completely on seforim like a shtender. To list a few examples of Ta’amei Minhagim brought throughout the sefer: the reason behind the mitzvah to eat on Erev Yom Kippur (pg 51) and giving tzedakah (pg 204). He is very against talking at all during davening; even talking in learning between aliyot (pg 75). The author also wrote a lengthy discussion regarding the proper time to light the Chanukah menorah; opining to light after ma’ariv. The author states that the only reason why R. Elijah Gaon of Vilna lit earlier was because of concern that if he would have waited until after ma’ariv he would have this on his mind the throughout davening, similar to a groom who is exempt from kriat shema (pg 160) due to his preoccupation. When he discusses sitting shiva on ones parents he exclaims ‘do not just sit there making the same mistake most do’; namely, they claim that since it is prohibited for a mourner to learn Torah, they leave a Sefer Iyyov on the stool nearby just to glance at from time to time and fall asleep. Rather, one is supposed to learn the topics that a mourner is allowed to so that one could give one’s parent many merits; there is enough material to learn for three weeks (pp. 88-89)! He writes to his son any shiur that he goes to after he dies he should always say the kaddish de’rabbanan for him; not only the first year (pg 95-96).

Many interesting discussions on various topics, such as the Neshama Yetairah that one gets on shabbat (pp. 49-50) are found throughout the sefer. He also has a lengthy discussion on the now-famous topic (in light of all the biographies on the gedolim) that no great person achieved anything great in life without working very hard for it. The talmudic use of the term “Noch Nafshei” a term of resting, was not hapenstance. Instead, it was used to demonstrate that, in many instance, those persons did not have easy lives, and thus only after death is it approriate to use a term of rest – hence Noch Nafshei. This is in reference to Tana’aim and Amoraim; how much more so in regard to regular people (pp. 79-82). Elsewhere in the sefer he has a long discussion on chumrot, writing very strongly: “one should be concerned that the yetzer hara is bribing him and allowing him to do them so he will be too occupied to observe the ikkar.” As an example for this he gives, he points out that in Minhagei Ha-Gra that he had eaten Matzah Shemurah the whole Pessach. Whereas the author realizes that if because of this chumrah he will have to eat separately from the rest of his family and not have proper simchat yom tov which is a de’oraita, he should not be makpid on eating matzah shemurah which is just a pious action (pp. 155-156).

Another point of interest that he writes is that the Messilat Yesharim was written with ruach hakodesh so listen to what he says (pg 158). When he talks about the sefer Nefesh Ha-Hayyim from his teacher R. Hayyim of Volozhin, he writes “listen to his holy mouth as the sefer is exactly like its name ‘life for the soul’ and one should know that ruach hakodesh is in all the words in the sefer so that it should be accepted by its readers” (pg 69).

After reading all this it would seem to appear that this is a very good work and there should be no problems with anything written in it. However this is not the case. The people who printed it write that in the section called “Sha’ar HaTorah” we were advised by gedolim not to print some parts. This is very strange because as mentioned earlier he had very prominent haskamot from some big gedolim and as the Leshem writes he was a Holy Man, and he was also a known student of R. Hayyim of Volozhin. One is left wondering what in the world could have been wrong with what he had written prompting censor?

In the 1967 reprint of the original edition by Meir Kleiman, the missing pages are included, about five all together. In short, what the deleted material is as follows, he saw many people who had no business becoming teachers taking the job only for the money. He writes that he was a teacher and he would spend a few weeks trying to understand each student what was the best way to deal with him. Another thing he writes is the importantance that boys have a proper understanding of the Hebrew language; not that he has to be a baki in dikduk just to know the basics than it’s easier to learn chumash. Once the boy knows chumash only than should you go on to learn Gemara. When he begins this limud, be careful to go slowly so as not to over burden him. The main point is not to learn enmass, rather emphasis on making sure the student fully understands everything before going further. Instead what happens is the boy only knows how to parrot what the teacher says and on shabbos he shows this off to the father; however nothing of value ever comes out of this. Another thing he writes is in regard to the failure to teach the boys tanakh; not only Gemara as the study of Tanakh is extremely important. Professor Simha Assaf brings much of this edited part in his Mekorot le-Toledot ha-Hinnukh be-Yisrael (vol. 1 Pg 607-613). R. Yitzchak Abadie discusses this whole section in his Teshuvot Ohr Yitzchak (pp. 444-450), available for download at www.HebrewBooks.org.

Reading all of the above, one can only wonder as to what was wrong with printing these parts; the author can not be accused of having haskalic leanings for a few reasons: One, if he did have haskalic leanings, then why allow the rest of the sefer be reprinted. In all honesty, the very thought is quite ridiculous; the Leshem writes he was a Holy Man and a reading of the sefer will show how true that is. Also he was very against learning philosophy saying that only the Rishonim were they on the level to learn it (pg 47).

What’s interesting about all this is many schools in the United States would do well to follow this advice in their educational methods; I am sure it would help many. Not that it’s the solution to all the problems with the children of today but it’s certainly a good start. Interestingly enough R. Yakov Horowitz in a recent article in his column ‘Chinuch Matters’ in the English Mishpacha 143 (Pg 10) called ‘It Doesn’t Start in Tenth Grade‘ writes the same point. R. Yakov Horowitz continues with this theme in the next issue in an article called ‘Training Wheels‘. Of course these columns have been met with opposition. One reader writes (English Mishpacha 145, pg 6) “Torah is acquired thru yegia through no other method can Torah become yours. Making torah easy at the beginning only makes it harder later on. The author mentioned that he is backed by various Achranoim who have suggested alternative methods for teaching torah. It should definitely be mentioned that these methods were unaccepted in Klal Yisroel. Mesorah means tradition passed on Midor Ldor not looking in seforim for unaccepted methods.”

One only wonders what this reader is talking about as shown here a Holy Man and talmid of R. Hayyim of Volozhin wrote these same suggestions as R. Yakov Horowitz and received good haskamot from important known gedolim. Further more as I have mentioned R. Shmuel Auerbach writes that the sefer was famous, in particular, as a guide in raising children and many followed it and became true Ovdei Hashem.

Seforim blog contributor Dr. Marc B. Shapiro, professor of Judaic Studies at the University of Scranton, has just published a review essay (“Mi-Yosef ad Yosef Lo Kam ke-Yosef”) in English of the following three books Hayyav, Mishnato u-Mahalkhav ha-Politiyim shel ha-Rav Ovadiah Yosef by Zvi Aloush and Yossi Elituv (Ben Porat Yosef: Or Yehudah, 2004); Maran Ovadiah Yosef: Ha-Biographyah by Nitzan Chen and Anshil Pepper (Jerusalem, 2004); Mi-Maran ad Maran: Mishnato ha-Hilkhatit shel ha-Rav Ovadiah Yosef by Binyamin Lau, (Tel Aviv, 2005) in Meorot Journal – A Forum of Modern Orthodox Discourse, formerly The Edah Journal, published by Yeshivat Chovevei Torah.

To download Professor Shapiro’s article, see here [PDF].

Merkaz Zalman Shazar has published Jay Berkovitz’s book מסורת ומהפיכה-תרבות יהודית בצרפת בראשית העת החדשה discussing French Jewry and specifically the changes and challenges of modernity. This book is an expanded version of the English Rites and Passages: The Beginnings of Modern Jewish Culture in France, 1650-1860 (UPenn Press) which is available at the previous link and here. Both versions are invaluable for viewing French Jewry and France gernally, a county typically neglected in milieu of Jewish history which tends to focus on Central or Eastern Europe. But, as France experienced emancipation in the late 18th century it is important to see how French Jews dealt with their new found freedom. As Berkovitz correctly points out to understand the impact of emancipation, one needs to examine the history beforehand as well – thus he begins in the 17th century.

Additionally, this book is important in some of the persons it discusses. For instance, there is an extensive discussion of R. Aaron Worms the author of the Me’ori Or. The Me’ori Or – a seven volume work which some may be familiar due to his suggestion that one should recite the blessings of “thank God for not making me a woman or a non-Jew” silently. (See Tradition 29:4 and the articles by Joel B. Wolowelsky and Emanuel Feldman and Shu”t Beni Banim 4:1).

While this is perhaps his most well known opinion, this work contains a treasure trove of information. As is evident from R. Yosef Zechariah Stern, a rather erudite person in his own respect, who cites the Me’ori Or extensively. As one can tell from R. Aaron Worm’s opinion for the blessings, he was a sort of iconoclast. While there have been a handful of articles discussing R. Aaron, this book now places him in his full historical context. Berkovitz fleshes out how R. Aaron fits with French change generally and further develops the thought and impact of R. Aaron. Aside from his Me’ori Or, R. Aaron was also part of the Sanhedrin which Napoleon convened, and Berkovitz includes R. Aaron’s address to that body. And while Rabbi David Sintzheim is perhaps the most well known, Berkovitz discusses the (important) impact R. Aaron had on this body. This impact is not limited to the Sanhedrin, but a deeper understanding of what R. Aaron was advocating places him in the forefront of modernity.

All in all, Berkovitz’s book is a worthwhile contribution to understanding modernity and some of the methods that prior generations have adopted in dealing with its challenges.