Most are aware of the famous forgery perpetrated by Shlomo Yehuda Friedlaender at the beginning of the 20th century – the Yerushalmi on Seder Kodshim. (For background see here). Recently, R. Baruch Oberlander has written a series of articles, which appeared in Or Yisrael, further illuminating this episode.

Now, the great-grandson of the publisher (Ya’akov Weider who was killed in the Holocaust) of this Yerushalmi offers the story behind his great-grandfather decision to publish this book. (link) He also defends the decision of his ancestor to publish this work, noting that prior to publication he received approval from various Rabbinic authorities. Unfortunately, due to the large expense involved and that it quickly became apparent that it was a forgery, the great-grandfather lost a significant amount of money on this endeavor.

The article also notes that two announcements were published heralding the publication, one to Rabbis and the like and the other, a slightly different version to academics. It is worthwhile noting that not only were their two announcements, there were actually two editions of the Yerushalmi. One aimed at Yeshiva students and the like and again, the other, academics. The former was printed on poor paper and only contains a Hebrew title page. The latter was printed on good paper and includes a German title page (where Friedlaender becomes Dr. Friedlaender).

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.

What follows is a short essay by Prof. Shnayer Leiman, whose article on this topic, “The Adventure of the Maharal of Prague in London: R. Yudl Rosenberg and the Golem of Prague,” appeared in Tradition 36:1 (2002): 26-58 [PDF].

I. In March 2006, Dei’ah VeDibur, a Charedi internet newsletter, published an essay on the Maharal and the Golem. Its conclusion was that “it is unclear whether or not the Maharal ever made a golem.”[1]

At the time, I responded on the internet with a congratulatory note praising Dei’ah VeDibur for its sober assessment of the evidence, and for its readiness to admit that it may be that the Maharal did not create a Golem.[2]

Shortly thereafter I received what appeared to be an angry email note from a distinguished academician at the Hebrew University in Jerusalem. It read

“You still haven’t responded to the evidence that a talmid of the Maharal is known to have created a Golem and that this factoid is documented.”

Since I had never claimed that a disciple of the Maharal either did or did not create a Golem, it was unclear to me why I had to respond to such a claim. Nonetheless, I knew precisely what my academic colleague had in mind. The author of the Dei’ah VeDibur essay mentioned in passing that the story connecting the Maharal to the making of a Golem was ”invented at some stage or, alternatively , it was mistakenly attributed to the Maharal while in fact it was his talmid HaRav Eliyahu Baal Shem of Chelm who made a golem (though the Maharal might have played a part).”[3]

Alas, we know precious little about R. Eliyahu (b. R. Aharon Yehudah) Ba’al Shem of Chelm (16th century).[4] In 1564, he joined a coalition of distinguished rabbis including R. Solomon Luria (the Maharshal, d. 1574) — that permitted an agunah to remarry.[5] Most importantly, he was an ancestor of R. Yaakov Emden (d.1776), who preserved the following tradition about him:[6]

As an aside, I’ll mention here what I heard from my father’s holy mouth regarding the Golem created by his ancestor, the Gaon R. Eliyahu Ba’al Shem of blessed memory. When the Gaon saw that the Golem was growing larger and larger, he feared that the Golem would destroy the universe. He then removed the Holy Name that was embedded on his forehead, thus causing him to disintegrate and return to dust. Nonetheless, while he was engaged in extracting the Holy Name from him, the Golem injured him, scarring him on the face.

Thus, there clearly existed a 16th century rabbi by the name of R. Eliyahu Ba’al Shem of Chelm (contemporary sources prove this), and the creation of a Golem was ascribed to him (so according to 17th and 18th century sources).[7] Not a word is mentioned about his being a disciple of the Maharal.

So I sent off a note to my academic colleague in Jerusalem. It read in part:

“There is no evidence that any talmid of the Maharal created a Golem. You write: “this factoid is documented.” Let me assure you that no such “factoid” is documented. The claim has been made – I am well aware of that, but the claim is based on a misreading of texts that I plan to expose in a footnote or essay in a future publication.”

The remainder of this essay is devoted to fulfilling the promise I made to my academic colleague in Jerusalem.

II. The claim that a disciple of the Maharal created a Golem appears most prominently in an essay published by a close friend — and scholarly colleague – of mine, Dr. Shlomo Sprecher, in the Torah periodical Yeshurun. [8] I am certain he will forgive me for correcting him, if I am right. And if I am wrong, I urge him to correct my error publicly, thereby advancing discussion, and pray that he forgives my indiscretion.

The ישורון essay reads in part:[9]

“Regarding R. Eliyahu of Chelm, we know that he studied Torah under the Maharal and that he was a colleague of the Rabbi, author of the Tosafot Yom Tov…. The “true” Golem — according to a reconstruction based upon trustworthy sources — was the creation of R. Eliyahu Ba’al Shem, Chief Rabbi of Chelm, who was a disciple of the Maharal (as mentioned earlier). For whatever reason, the Master and the disciple were confused, with the resulting confusion [as to who created the Golem.]”

In fact, R. Eliyahu of Chelm was neither a student of the Maharal nor a colleague of the Tosafot Yom Tov. Sprecher can hardly be faulted; he was misled by the source he quotes, namely R. Menahem Mendel Krengil (d. 1930) in his commentary to R. Hayyim Yosef David Azulai’s Shem Ha-Gedolim.[10] In turn, Krengil was misled by the source he quotes, R. Yitzhok Shlomo of Ozorkov’s introduction to Mikhlol Yofi (Warsaw, 1883).[11] In turn, R. Yitzhok Shlomo was misled by the source he quotes, R. Yehiel Heilprin’s (d. 1746), Seder Ha-Dorot.[12] In common, all these sources – and others not mentioned here – confused two different rabbis with the same name and cognomen, Eliyahu Ba’al Shem, and compressed them into one person. Despite the best efforts of nineteenth and twentieth century Jewish historians to expose this error,[13] shabashta keyvan d’al ‘al.

The above-mentioned R. Eliyahu Ba’al Shem of Chelm, the ancestor of R. Jacob Emden, may have created a Golem. But he was not a disciple of the Maharal, and he was not a colleague of the Tosafot Yom Tov, and — so far as anyone knows – he never set foot in Prague. Yet another R. Eliyahu Ba’al Shem was R. Eliyahu (b. R. Moshe) Loanz (1564-1636) of Worms.[14] Distinguished kabbalist and author, he was a disciple of the Maharal[15] and a colleague of the Tosafot Yom Tov, but no one ever suggested that he created a Golem! This is not even a case of the proverbial “two Yosef b. Shimons.” For R. Eliyahu Ba’al Shem of Chelm’s father’s name was R. Aharon Yehudah, whereas R. Eliyahu Ba’al Shem of Worms’ father’s name was R. Moshe.[16] Moreover, each was buried in the city where he served as Rabbi. Pilgrimages to the grave of R. Eliyahu Ba’al Shem of Chelm — in Chelm –were commonplace until World War II.[17] The tombstone inscription on the grave of R. Eliyahu Ba’al Shem of Worms – in Worms – was published in the nineteenth century.[18]

Other famous disciples of the Maharal include his son, R. Bezalel; his son-in-law, R. Yitzhok b. R. Shimshon; R. Yom Tov Lipmann Heller, author of Tosafot Yom Tov; and R. David Ganz, author of Tzemah David.[19] No source prior to the twentieth century ever imagined that these — or any other – disciples of the Maharal were involved in creating a Golem. In sum, until new evidence is forthcoming, the answer to the question raised in the title of this note appears to be: “No.”

Notes:

[1] B.Y. Rabinowitz, “The Golem of Prague – Fact or Fiction?” Dei’ah VeDibur, March 1, 2006.

[2] Posting on Mail-Jewish, March 6, 2006.

[3] See note 1.

[4] In general, see J. Günzig, Die Wundermänner in jüdischen Volk, Antwerpen, 1921, pp. 24-26; A. Brik, “רבי אליהו בעל שם זצ”ל מחעלם,” Moriah 7 (1977), n. 6-7, 79-85; and M.D. Tzitzik, “מהר”ר אליהו בעל שם מחעלם,” Yeshurun 17 (2006), 644-667.

שו”ת ב”ח החדשות, ס’ ע”ז [5]

[6]

שו”ת שאילת יעב”ץ, ח”ב, ס’ פ”ב. Cf. his בירת מגדל עוז, Altona, 1748, p. 259a; מטפחת ספרים, Altona, 1768, p. 45a; and מגילת ספר, ed. Kahana, Warsaw, 1896, p. 4. See also שו”ת חכם צבי, ס’ צ”ג, and the references cited in שו”ת חכם צבי עם ליקוטי הערות, Jerusalem, 1998, vol. 1, p. 421 and in the periodical כפר חב”ד, number 351 (1988), p. 51.

[7] See the sources cited by M. Idel, גולם, Tel Aviv, 1996, pp. 181-184 (English edition: Golem, Albany, 1990, pp. 207-212).

[8] S. Sprecher, בסתר בצל’:קווים לדמותו הסמויה של הג”ר בצלאל בנו יחידו של המהר”למפראג זצ”ל in Yeshurun 2 (1997), 623-634.

[9] See the text on p. 629; and the end of note 24 on p. 632.

[10] R. Menahem Mendel Krengil, ed., שם הגדולים השלם, Podgorze, 1905, vol. 1, p. 11b, n. 85. Cf. Krengil’s remarks at p. 12a, n. 90, and at p.117a, n. 12.

[11] R. Eliyahu Loanz, מכלול יופי, Warsaw, 1883, introduction. R. Yitzhok Shlomo of Ozorkov (near Lodz), who wrote the introduction, arranged for this reissue of R. Eliyahu Loanz’ commentary on Koheleth. The introduction is particularly confused and misleading.

[12] סדר הדורות , Karlsruhe, 1769, p. 64a. Cf. סדר הדורות השלם, Jerusalem, 1985, part 1, p.248. The passage reads:

[13] See, e.g., H.N. Dembitzer, כלילת יופי , Cracow, 1888, part 1, pp. 78b-79a; H. Michael, אור החיים , Frankfurt, 1891, pp. 170-171; and E.L. Gartenhaus, אשל הגדולים, Brooklyn, 1958, pp. 92-94.

[14] See J. Günzig, op. cit. (above, note 4), pp. 37-39; N.Y. Ha-Kohen, אוצר הגדולים, Haifa, 1966, vol. 2, p. 184; and the entry in Encyclopaedia Judaica, Jerusalem, 1971, vol. 11, column 420.

[15] See R. Barukh b. R. David of Gniezno, גדולת מרדכי, Hanau, 1615, letters of approbation (reissued: Jerusalem, 1991, p. 3). R. Eliyahu Loanz, in his letter of approbation to this volume, writes:

“ והנה ידוע שמ”ו ה”ה הגאון מהר”ר ליווא מפראג היתה תורתו אומנותו מיום הכיר את בוראו.”

For legendary accounts of R. Eliyahu Loanz and his meetings with the Maharal of Prague and the author of the Tosafot Yom Tov, see R. Moshe Hillel, בעלי שם, Jerusalem, 1993, pp. 10-87.

[16] Already noted by A. Brik (above, note 4), p. 81.

[17] A. Brik (above, note 4), p. 85. Cf. J. Günzig, op. cit., p. 26.

[18] L. Lewysohn, נפשות צדיקים, Frankfurt, 1855, p. 59-60. Cf. E.M. Pinner, כתבי יד, Berlin, 1861, p. 166 and notes.

[19] See A. Gottesdiener, המהר”ל מפראג, Jerusalem, 1976, pp. 88-97.