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Romm Press, Haggadah Art, Controversial Books, and other Bibliographical Historica

Legacy Auctions: Romm Press, Haggadah Art, Controversial Books, and other Bibliographical Historica

Legacy Judaica’s fall auction is next week, September 13, and we wanted to highlight some bibliographical historica.  Lot 95 is Elbona shel Torah, (Berlin, 1929), by R. Shmuel Shraga Feigneshon, known as Safan ha-Sofer.  He helmed the operations of the Romm Press in Vilna.  During his 55-year tenure, he oversaw the publication of the monumental Vilna Shas, among numerous other canonical works that became the model for all subsequent editions. He wrote a history of the press which first appeared in part in the journal HaSofer (vol. 1 27-33 and vol. 2-3 46-57, 1954-55). It was then published in its entirety in Yahadut Lita vol. 1. 1959.  This biography was plagiarized in nearly every respect by the Yated Ne’eman.  It was a near-perfect reproduction (albeit in English rather than the original Hebrew), except that certain names and select passages were omitted presumably because they reference Jewish academics or other materials deemed objectional to Haredi audiences.

In Elbona shel Torah, (51-52), Shafan Ha-Sofer discusses the censorship of Jewish texts from non-Jewish authorities.  There were not only omissions but also additions to the text.  He identifies one of the angels mentioned in the supplications between the Shofar sets with Jesus.  He claims that “Yeshu Sa’ar ha-Pinim” is in fact Jesus of Nazareth.  Nonetheless, he notes that this passage was included in most mahzorim.  Indeed, in the first Romm edition of the Mahzor this angel appears.  He explains that after it was published a rabbi from Yemen, who was unfamiliar with the historic inclusion of the passage, was shocked when he came this passage.  He immediately set about issuing a ban on all the Romm books, classifying them within the category of a sefer torah of a heretic which is consigned to the fire.  But the ban was annulled after a Jerusalem rabbi intervened and explained to his clergy brother that in fact the Romm edition merely followed an accepted text. According to Shafan ha-Sofer, after this brush with what is described as potential financial ruin, later editions of the Vilna Mahzor omit Yeshu.

Two books feature on their title pages an immodest Venus rising.  The title page of R. Moshe Isserles, Torat ha-Hatat, Hanau, 1628, lot 33, depicts in the bottom center of page Venus with a loincloth.  Additionally, on the two sides of the pages two similarly exposed women appear in medieval costume. This particular title page was reused on at least three other books.  A similarly undressed woman appears on the title page of R. Isaac of Corbeil’s Amudei Golah, Cremona 1556, lot 1.

Naftali Hertz Wessley’s, Divrei Shalom ve-Emet, Berlin, 1782, lot 99, (volume 2), is the controversial work wherein he provides his educational program.  Although some of his other works secured the approbations of leading Orthodox rabbi, some of the more traditional rabbis were opposed to Wessley’s reforms advocated in Divrei. See our discussion here, and Moshe Samet, Hadash Assur min ha-Torah (Jerusalem, Carmel, 2005), 78-83; Edward Breuer, “Naphtali Herz Wessely and the Cultural Dislocations of an Eighteenth-Century Maskil,” in New Perspectives on the Haskalah, Shmuel Feiner and David Sorkin eds., (London, Littman Library, 2001), 27-47.. Wessley advocated for the inclusion of some secular studies, separate grades for children of different ages and abilities, and satisfying testing requirements. These and many others of his suggested reforms are now commonplace in Orthodox schools. He was interested in improving all aspects of Jewish education and chided his more acculturated Jews who only adopted his policies as they related to secular subjects but did not otherwise incorporate contemporary intellectual rigor to their Jewish studies. Copies of the originals of the work are rare.

Another book that aroused a controversy is R. Zechariah Yosef Rosenfeld of St. Louis’ work, Yosef Tikva, St. Louis, 1903.  Rosenfeld defends the use of machine manufactured matzot for Passover.  There is a significant literature regarding the use of these matzot, see Hayim Gartner, “Machine Matzah, the Halakhic Controversy as a Test Case for Defining Orthodoxy,” in Orthodox Judaism: New Perspectives, (Jerusalem, Magnes Press, 2006), 395-425 (Hebrew) and Jonathan Sarna, How Matzah Became Square: Manischewitz and the Development of Machine-Made Matzah in the United States, (New York, Touro College, 2005) .

Another Passover item Yaakov Agam’s limited edition of the Haggadah, Paris, 1985, lot 138.  Agam adds a rich color palette to the otherwise spare style of the German illustrator, Otto Geismar. His 1928 haggadah uses minimalism to great effect and has a whimsical flair, yet at times the thick black ink figures are dark and foreboding.  Agam’s offers of a kaleidoscopic version of the haggada that is purely uplifting.

 

 

 

 

 

 

 

 

 

 

 

 

Otto Geismar, Berlin 1928

Yaakov Agam, Paris 1985

Aside from the books, one letter of note, Lot 182.  In 1933 letter from R. Hayim Ozer Grodzensky writes that he had proclaimed a fast in Vilna in response to the rise of Hitler and that “the new persecutions will cause the old to be forgotten.” Despite the fact that R. Ozer recognized almost immediately the threat of Hitler, during WWII he was not as prescient.  As late as March 1940, he was encouraging Jews to remain in Vilna. See Eliezer Rabinowitz, R. Hayim Ozer’s Prophesy for Vilna has Been Fulfilled,” Morgen Journal, May 8, 1940.

Two final items, both relate to the Volozhin yeshiva.  The first is a copy of Meil Tzedakah, Prague 1756, lot 158that belonged to R. Yosef Dov Soloveitchik, the Bet ha-Levi, and rosh ha-yeshiva of Volozhin.  The book also belonged to the Vilna rabbi, R. Abraham Pasveller, and R. Chaim Soloveitchik.  The second, lot 166, is a letter by the R. Naftali Berlin, Netziv, the Bet Ha-Levi’s co-Rosh ha-Yeshiva and eventual disputant.  He writes to the journal HaTzfirah (see these posts (herehere and here) regarding the Netziv and reading the contemporary press), regarding 1886 fire in Volozhin Yeshiva and the rebuilding efforts. Among other things, he sought to publicizes the names of donor and provided a list from memory.  Among the donors was Yisrael Brodsky. Although Brodsky was a major donor to the Volozhin Yeshiva and a highly acculturated Orthodox Jews, some have attempted to portray him otherwise.  See our post “For the Sake of Radin!  The Sugar Magnate’s Missing Yarmulke and a Zionist Revision.”

 

 




Plagiarism, Citation, and Redemption

Plagiarism, Citation, and Redemption
 By Jeremy Brown
Jeremy Brown is
the author of New Heavens and a New
Earth; the Jewish Reception of Copernican Thought
. He
writes on science, medicine and the Talmud at Talmudology.com
Plagiarism, it
seems, has never been so widespread. Remember How Opal Mehta Got Kissed, Got
Wild and Got a Life
, the 2006 debut novel from Harvard
undergraduate Kaavya Viswanathan? The author had plagiarized several
passages from others (including Salman Rushdie) and the publisher Little
Brown recalled
and destroyed all its unsold copies. It’s not just authors;
politicians plagiarize too. In 2013 the German minister for education
resigned amid allegations
she had plagiarized
her PhD. thesis, and last year Senator Jon
Walsh of Montana had his Master’s Degree revoked by the US Army
War College, which determined that it
had been plagiarized
. (Walsh dropped
out
of the Senate race as a result of the scandal.)  
Plagiarism is
not just for politicians; academics do it to. Retraction Watch has reported at least
268 academic papers that were plagiarized. In fact plagiarism has become
so pervasive in academia (and the need to report it has become so
important) that a recent
paper
paper in Ethics & Behavior gives advice for academics
considering becoming plagiarism whisleblowers. 
This seems
to be a very good time in which to remind ourselves that the full and proper
attribution of the work of others is a core Jewish value.  When authors of
ideas are properly acknowledged, the Talmud (Yevamot 97a) states that “their
lips move in the grave.” Life is briefly restored to the author when his
teachings are recalled.
Sadly, Jewish
literature has a many examples of plagiarism, improper attribution, and other
infractions of publication etiquette. So widespread is the plagiarism of
Jewish texts that it might even be considered a separate genre of Hebrew
literature. Some examples have already been examined in the virtual pages of
this Seforim Blog, but we will focus on
three. They are each different, and their ethical breaches are not to be
equated, but they are reminders of the responsibility of those who publish to
check, double check, and attribute. 
1. PARTIAL
OR INACCURATE CITATION
Inaccurate
citation is a relatively lightweight problem, but it’s a problem
nevertheless. The English language Schottenstein Talmud, published by
ArtScroll, chose a censored text of the Talmud as the basis for its
translation project. (Full disclosure: I enjoy the Schottenstein
Talmud, and study from it each day, God bless it).  As I’ve
pointed out before on
this blog,
this was a sad choice, and a missed opportunity to return the
text to its more pristine (and more challenging) state. 
One example of
ArtScroll’s decision is found very early on in Berachot
(3a). There, the original uncensored text records a statement said in the
name of Rav:
 אוי
לי שהחרבתי את ביתי ושרפתי את היכלי והגליתים לבין אומות העולם
Woe is me
[God], for I destroyed my home [the Temple], burned my Sanctuary,
 and sent [the Jewish People] into exile among the nations of the
world. 
However, the
editors of the English ArtScroll Talmud chose to use a censored text in which
an additional phrase was slipped in by the censor:
Woe to my
children who sinned, [and hence made me, God] destroy my home
[the Temple], burn my Sanctuary, and send them into exile among
the nations of the world. 
Here is
a version of the uncensored text- the one that ArtScroll could have
used.  As you can see, the censor’s additional text is not there:
Then, to
compound the error, the ArtScroll Talmud adds a footnote explaining the
metaphorical meaning of this erroneous text!

To be clear:
ArtScroll did not plagiarize anything, but they should have done a better
job of quoting the text accurately. After all, isn’t that what Rabbi Yochanan
taught us to do? Had they done so, the lips of the great sage Rav, whose
teachings were improperly amended by the censor, would again
“move in his grave”.
Now on to
more egregious issues – hard-core plagiarism.
2.  PLAGIARISM
IN PART

Copying a chunk
of text or some choice word phrases without proper attribution is also
plagiarism. One example of this is found in the 500 year-long debate over
whether Jews could believe in the Copernican model of the solar system in which
the sun was stationary.  In the late nineteenth century Reuven Landau (c.
1800-1883) took a conservative position against this model. He found it to be
existentially threatening, and argued that because humanity was the center of
the spiritual universe, it must live in the very center of the physical one.
But rather than outline his claims in his own words, he stole from the very
-widely read Sefer Haberit, an encyclopedic work that had been published
some one hundred years earlier. Here is an excerpt from Landau’s text, in which
he raises what he believes to be scientific objections to the Copernican model.
The bold text shows where the text is identical to Sefer Haberit,
first published in 1798. 
Quite simply
put, Landau stole from Sefer Haberit. A simple attribution was all that
was needed. And it was not there. (You can read more about this plagarism here,
and more about Sefer Haberit in my
book
, and in this
recently published work
from David Ruderman.)


Finally, let’s
look at an example of full, unadulterated plagiarism: the stealing, word for
word, of paragraphs – and then an entire book.
 3.
PLAGIARISM IN FULL: STEALING AN ENTIRE CHAPTER, WORD FOR (ALMOST) WORD
In 1788 in
Berlin, Barukh Linda (not to be confused with the plagiarist Reuven Landau)
published a small encyclopedia for children called Reshit Limmudim. In
it, Linda carefully explained the heliocentric model of Copernicus and how the
planets moved around the sun. This book became, in the words
of the historian Shmuel Feiner the “most famous, up-to-date book on the
Hebrew bookshelf at the end of the eighteenth century,” And then, a year
after it was published a Rabbi Shimon Oppenheimer, living in Prague, stole from
it.
Oppenheimer
(1753-1851) objected to the claim that the earth revolved around the sun, and
in 1789 in Prague he published Amud Hashachar in which he detailed his
opposition. But rather than use his own words, he stole, word for word,
the descriptions of the solar system from the pro-Copernican Reshit Limmudim,
carefully leaving out the bits that supported Copernicus. In a move that pushes
hutzpah to a new level, Oppenheimer even published a moving dedicatory
poem as if it had been written to him, though he changed a few awkward phrases
here and there, since the original poem mentioned Linda by name. However, the
poem plagiarized from one written as a dedication to the real author Linda –
from the great man of letters Naphtali Herz Wessely. 
When it came to
plagiarism, this Rabbi Oppenheimer was a repeat offender.  Because in 1831
he published Nezer Hakodesh,
a book on religious ethics (I’ll say that again in case you missed it – it’s
a book on religious ethics
)…which he plagiarized from the 1556 work Ma’alot
Hamidot
!  Here’s an example so you can see the scale of the
plagiarism.
There is a
fascinating end to the story. The famous Rabbi Yechezkel Landau (that’s
the third Landua/Linda in this little post –sorry), head of the Bet Din in
Prague, banned Oppenheimer from printing further copies of Amud Hashachar,
but not because it was plagarized.  Rather, Chief Rabbi Landau
objected to the book’s frontispiece, in which Oppenheimer described himself as
“The great Gaon, sharp and famous, the outstanding investigator Shimon”.
Read it for yourself:


First edition of השחר עמוד, Prague 1789. From
the Jewish National and University Library, Jerusalem

Remarkably, in
his rebuke, the head of the Bet Din made no mention of the fact that sections
of the book were plagiarized, even though this information was widely known.
Oppenheimer proceeded undeterred, and published a second edition of his
plagiarized and anti-Copernican work – although he was “honest” enough to
remove the stolen poem praising his book – the poem that had originally been
written by Naphtali Herz Wessely in praise of Lindau’s Reshit Limmudim.
In his recently
published autobiography
, the British comedian John Cleese (of Monty
Python
and Fawlty Towers fame) recalls how he reacted the very
first time that he was recognized after a stage performance. As he walked home,
a family who had been in the audience pointed at him and waived. It was by all
accounts a small gesture, but Cleese recalled its effects in
detail even fifty years later:
I can still
remember the sudden feeling of warmth around my heart that swelled and swelled
and lifted my spirits. It is as though I had been accepted into a new family,
and acknowledged as having brought them something special that they really
appreciated. It was only a moment but  it was wonderful, and they didn’t
even know my name…in today’s celebrity culture it must be hard to imagine
that a tiny moment of recognition like that could feel so uncomplicated and
positive…
The need for
recognition is not a vice or a character flaw, but a profound human need.
To ignore it is not just an oversight but an act of neglect.  The rabbis
of the Mishnah and the Talmud understood the corollary: that to attribute
is to nourish. To acknowledge the creative act of another person is a kind
of blessing, like those required before eating, or on seeing a beautiful vista.
 Blessings and citations acknowledge the creative impulse in others, and
so make the world a little bit better. They are redemptive. As we approach
Pesach, the festival of our redemption, we should remember one final text about
the power of correct citation. It was, after all, a citation that saved the
Jewish people:
“Whoever cites
something in the name of the person who originally said it, brings redemption
to the world. As the prooftext states – “And Esther told the King in the name of Mordechai…”  (Pirkei Avot 6:6)



A Mild Case of Plagiarism: R. Abraham Kalmankes’ Ma’ayan Ha-Hokhmah

A Mild Case of Plagiarism:  R. Abraham Kalmankes’ Ma’ayan Ha-Hokhmah
by Shnayer Leiman
1.  The Accusation.

Rabbi Joseph Samuel ben R. Zvi (d. 1703) – more popularly known as ר’ שמואל ר’ חיים ר’ ישעיה’ס – served as a member of the rabbinic court in Cracow for some 26 years, after which he was appointed Chief Rabbi of Frankfurt in 1689.1 An avid collector of books and manuscripts, he made good use of them in listing in the margins of his copy of the Talmud variant readings, emendations, and annotations to the text of, and commentaries on, the Babylonian Talmud. These were published posthumously in the Amsterdam and Frankfurt editions of the Talmud, 1714-21. Today, they are incorporated in every edition of the Vilna Talmud, and every student of the Talmud benefits from the efforts of this great rabbinic scholar.2
One of the many tasks of the leading rabbis in the 17th and 18th centuries was to write letters of approbation on behalf of mostly young rabbinic scholars seeking to publish their manuscripts. R. Joseph Samuel wrote some 40 such letters of recommendation during his lifetime, not an insignificant number in those days.3 This, despite the fact that he looked askance at the recommendations that many of his colleagues were writing, and was less than impressed by the quantity and quality of books being published. Indeed, at one point he called for – and apparently instituted – a moratorium on the publication of rabbinic works in Germany, claiming that many of them were superfluous and some were even harmful.4
On January 2, 1701, R. Joseph Samuel wrote a letter of approbation for a kabbalistic work by R. Mordechai Ashkenazi, an otherwise unknown author (then) who was a protégé of the distinguished Italian rabbi and kabbalist, R. Abraham Rovigo (d. 1713).5 The book, entitled אשל אברהם, and the letter of approbation, were published later in 1701 in Fürth. After a lengthy critique of the proliferation of works on Kabbalah in the late 17th century, the letter reads, in part:6
They [the new authors of kabbalistic works] are guilty of two evils. First, they neither know nor understand the deeds of God. Second, they cause the common folk to slight the rabbis expert in the exoteric Torah. The common folk assume that rabbis not expert in Kabbalah are not true scholars. So they cast away their expert rabbis, listening instead to the enchanters, whose wisdom is borrowed from others. I can testify that this is true [i.e., that the enchanters’ wisdom is borrowed from others], for I was involved in such a case. I recall vividly how some fifty years ago I owned a copy of a delightful kabbalistic work entitled התחלת חכמה. Some upstart student, a novice with no knowledge based on accumulated learning, printed the book under his own name. He simply plagiarized the entire book.

2.  The Identity of the Plagiarized Book.
No book entitled התחלת חכמה has ever appeared in print. It therefore could not have been plagiarized by anyone. Moreover, R. Joseph Samuel did not reveal the name of the plagiarist and the title of the book in its plagiarized form. This literary riddle was first raised in print early in 1976 by the noted bibliophile, Abraham Schischa of London.7 The solution was not long in coming. That same year, R. Shmuel Ashkenazi, also a noted bibliophile, solved the riddle.8 He correctly identified התחלת חכמה as the title of a kabbalistic book in manuscript form, still available in a variety of contemporary libraries.9 In book form, it was entitled מעין החכמה and it first appeared in print in Amsterdam in 1652.10 The plagiarist who published מעין החכמה under his own name was R. Abraham Kalmankes of Lublin. Ashkenazi provided other useful information as well, but all that is important for our purposes is that he clearly identified R. Abraham Kalmankes as a plagiarist. As such, he agreed fully with R. Joseph Samuel’s characterization (in his letter of approbation) of the novice upstart student. The  late Professor Gershom Scholem also identified R. Abraham Kalmankes as a plagiarist. He would write:11
והוא [ר’ אברהם קלמנקס] הדפיס ס’ התחלת חכמה הגניבה [כך כתוב] על שמו,
וכבר יש רמז לדבר בהסכמת הרב מפרנקפורט לס’ אשל אברהם.

“He [R. Abraham Kalmankes] published the pirated book entitled Hathalat Hokhmah under his own name. The matter is alluded to in the letter of approbation by the rabbi of Frankfurt to the book entitled  Eshel Avraham.”

It is our contention that R. Abraham Kalmankes has received less than a fair hearing in the court of modern scholarship. If we reopen the investigation, it is because much of the evidence has either been misconstrued or overlooked. The reader will have to decide for himself whether or not Kalmankes was, in fact, a  plagiarist, and whether or not he should be better remembered for his seminal contribution to Jewish teaching and literature.
3. מעין החכמה.
            a) Claims of the Author/Editor
מעין החכמה, the first book to appear under R. Abraham Kalmankes’ name, is a short introduction to Lurianic Kabbalah. Indeed, it was among the earliest such works to appear in print. The title page of the quarto sized volume is followed by a one-and-a-half page introduction (pages 2-3). The introduction is followed by the text (pp. 4-22), which consists of 78 tightly-knit chapters (פרקים), perhaps more properly labeled today as paragraphs. Thus, several of the “chapters” consist of no more than15 lines of print (and, sometimes, even less). Scattered throughout the book are occasional comments in parentheses. These may reflect an educational tool used by the original author to clarify a difficult term by means of a gloss, creating — in effect — what we would call today a footnote. Or, as appears likely, these may reflect a second hand, i.e., material added to the base text by someone other than the author, e.g., a later editor of the original manuscript. Our immediate concern, however, will not be with the book’s content or structure, but rather with its authorship. What are the claims of the title page and the introduction? What do they tell us about the authorship of
מעין החכמה?
The title page basically announces the content of the book.12 It is a kabbalistic manual, we are informed, the likes of which has yet to appear in print. It provides the kabbalistic underpinning upon which all of R. Isaac Luria’s teachings rest. The title page then indicates that the book’s secret teachings are being  brought to press [ Hebrew:תעלומים  הוציא לאור] by “the exceedingly wise and young divine kabbalist, R. Abraham, son of the Gaon, Chief Rabbi and Head of the Yeshiva, R. Aryeh Leib, scion of the Kalmankes family of Lublin.” Note that the phrase “being brought to press by” is ambiguous. It is unclear from the title page whether R. Abraham Kalmankes is being presented as the author, editor, or publisher of מעין החכמה.
We perforce turn to the introduction, which – if read carefully – resolves much of the ambiguity of the title page.13The introduction, written and signed by R. Abraham Kalmankes, begins with a justification for the book’s publication. Briefly, Kalmankes, himself a victim and survivor of the Chmielnitzki massacres, informs the reader that he was puzzled by the seemingly endless exile of the Jews, with redemption nowhere in sight. After much reflection – and deeply influenced by kabbalistic teaching – Kalmankes concluded that it was faulty prayer that was prolonging the exile of the Jewish people. Jewish prayer was not piercing the heavens and reaching God on high. He compared the state of the Jewish people to a ship adrift at sea, with no one on board who knows how to steer the ship to safety. Nothing will change, argued Kalmankes, until kabbalistic teaching spreads throughout the Jewish communities. The seeds of redemption were planted by R. Isaac Luria, the master of proper kabbalistic prayer. Alas, he died before redemption set in, but he left a successor, R. Hayyim Vital, who in turn left “a basket full of manuscripts,” i.e. he reduced to writing the kabbalistic teachings of R. Isaac Luria, especially those relating to prayer. Once these teachings were mastered by Jews the world over, redemption would be at hand.
Unfortunately, “the basket full of manuscripts” was not being made available to the Jewish community at large. Kalmankes explains that those who horde the manuscripts refuse to publish them. This, for two reasons. First, for reasons of vanity. By retaining the manuscripts for themselves, they became the masters of esoteric teaching and the power brokers to whom all had to turn for guidance. Second, for reasons of profit. The owners of the manuscripts charged a hefty price for those who wished to view and copy them. Kalmankes decided to put an end to this scandalous state of affairs by acquiring and publishing one of the manuscripts that preserved some of the key esoteric teachings of R. Isaac Luria. Moreover, he “added a few comments of his own, in order to benefit the many readers,” almost certainly a reference to the comments in parentheses mention above. He gave the manuscript a new title, מעין החכמה [Wellspring  of Knowledge], for “just as a wellspring begins with a narrow opening that ultimately widens as it fills with water, so too this book begins with nuggets of wisdom that broaden and deepen as one grows in wisdom.” Kalmankes concludes the introduction with the following signature: “These are the words of the youngest
member of the group, Abraham, son of my father and teacher Rabbi Aryeh, son of the Gaon, our teacher and rabbi, the honorable R. Joseph Kalmankes Yaffe of Lublin.”
            b) Editions
Some of the confusion surrounding מעין החכמה relates to the multiplicity of published kabbalistic works with the title מעין החכמה, some of which have been mistakenly ascribed to Kalmankes in library catalogues throughout the world.
Confusion surrounding Kalmankes’ alleged plagiarism is also due, in part, to variant readings that appear in the later printed editions of מעין החכמה, for which Kalmankes can hardly be held responsible. After brief mention of some unrelated kabbalistic works with the title מעין החכמה, we will list and describe each of the printed editions of Kalmankes’ מעין החכמה.
An anonymous kabbalistic treatise entitledמעין חכמה  (ascribed in part to Moses) is included in the collection entitled ארזי לבנון (Venice, 1601).14 It is unrelated to Kalmankes’ מעין החכמה. The Ashkenazic printing house of the partners Judah Leib b. Mordecai Gimpel and Samuel b. Moses Ha-Levi published yet another anonymous kabbalistic treatise entitled מעין החכמה (Amsterdam, 1651).15 Frequently reprinted, it too is unrelated to Kalmankes’ מעין החכמה.
Four different editions of Kalmankes’ מעין החכמה have appeared in print. They are:
1. מעין החכמה, Amsterdam, 1652. Printed by the Immanuel Beneviste publishing house during the lifetime of its author/editor Abraham Kalmankes, it is the only reliable edition of Kalmankes’ מעין החכמה. As such, we will claim that Kalmankes can be judged only on the basis of this, and no other, edition of מעין החכמה. For a detailed description of the book, its title page, and introduction, see above.16
2. מעין חכמה, Koretz, 1784. This edition was printed by the Johann Anton Krieger publishing house which, in Koretz, was devoted to the publishing of kabbalistic and hasidic works.17 Although Kalmankes’ title of the book is retained, the title page ascribes the book to R. Isaac Luria and makes no mention of Abraham Kalmankes. More importantly, this edition omits Kalmankes’ introduction to the book. The text is a slightly revised and updated version of the Kalmankes edition. It incorporates most of Kalmankes’ parenthetical notes, with slight revision.18 The text was edited in its present form sometime between 1698 and 1784, i.e. well after Kalmankes’ death.19
3. מעיין חכמה, Polonnoye, 1791. Printed by the Samuel b. Yissokhor Baer Segal publishing house, this edition of מעין החכמה  appears at the end of a collection of kabbalistic works whose title page reads: ספר הר אדני.  מעיין חכמה is accorded no title page of its own. It begins with a skewed version of Kalmankes’ introduction, entitled: הקדמת המחבר ספר מעיין חכמה. No such title is applied to Kalmankes’ introduction in the first edition. We have already indicated (see above) that the introduction is omitted entirely from the second edition, so no such title appears there. The introduction to this, the third edition, closes with the name of the author:  אברהם בן מהו’ ארי’ בן הגאון מה’ משה יוסף קלמן מלובלין. In the first edition, however, Kalmankes’ grandfather’s name is given as: הגאון מורנו ורבנא כמוהר”ר יוסף קלמנקס ייפה מלובלין, with no mention of either משה or קלמן. The text that follows is entitled: התחלת החכמה האלהות כפי דרך האר”י אשכנזי ז”ל הנקרא ספר מעיין החכמה. It differs considerably from the text published in the first two editions. It  mostly lacks Kalmankes’ parenthetical comments strewn throughout the first two editions. It regularly omits readings that appear in the first two editions, and often adds material that is lacking in the first two editions. Indeed, it is a different manuscript version of the Lurianic digest that was first published by Kalmankes in 1652.20
4. מעין החכמה, Lvov, 1875. No publisher’s name is given. This is a hybrid version drawn from two earlier printed editions. Kalmankes’ introduction is drawn from the skewed version that accompanies the Polonnoye, 1791 edition. The text is drawn from the Koretz, 1784 edition.21 As such, this edition has no independent value and requires no further discussion.
            c) Relationship of the Published Editions to the Extant Manuscripts
No one has written more intelligently about the history of Lurianic kabbalistic manuscripts than Yosef Avivi.22 What follows is essentially a brief account of the relationship between the published editions of Kalmankes’מעין החכמה and the extant manuscripts, based largely (but not entirely) upon the results of Avivi’s investigations.
Numerous manuscripts copies of the kabbalistic treatise entitled התחלת החכמה, most of them dating to the 17th and 18th centuries, are extant in libraries throughout Europe, Israel, and the U.S. While they vary slightly from each other, they clearly reflect a single recension of an early 17th century kabbalistic treatise. The anonymous treatise, whose original title is unknown, was written by a disciple of Luria in Damsascus and then sent to Italy. There, the manuscript was copied and circulated under a variety of names such as קונטרס ההיכלות, כללי חכמת שיעור קומה, התחלת החכמה, and התחלת חכמה. It was precisely because a manuscript copy of התחלת חכמה came into the possession of R. Joseph Samuel b. R. Zvi of Cracow sometime prior to 1652, that he was so startled when he saw Kalmankes’ printed edition of מעין החכמה. Even after the printed edition made its debut in 1652, new manuscript copies of the kabbalistic treatise were written and circulated under a variety of titles, now including the title מעין החכמה.
Avivi has shown that the  התחלת החכמה manuscripts formed the first part of a larger Lurianic treatise that originally included a second part as well. Whereas the first part focused entirely on עולם האצילות, the second part focused  on עולם הבריאה — and is extant in manuscript form only. The two parts were separated from each other, and largely due to Kalmankes’ publication, the first part became an independent work entitled מעין החכמה. In sum, Kalmankes’ מעין החכמה is an accurate copy (with the addition of occasional glosses by Kalmankes) of an anonymous early 17th century Lurianic treatise that circulated widely under a variety of titles, including the title התחלת החכמה.
4. R. Abraham Kalmankes.
            a) Family History
The accusation of plagiarism leveled against R. Abraham Kalmankes by R. Joseph Samuel b. R. Zvi, and seconded by both R. Shmuel Ashkenazi and  Gershom Scholem, was not accompanied by any discussion of R. Abraham Kalmankes himself. When and where did he live? How did he make a living? What other books did he author? Was he an inveterate plagiarizer?23 Had such an investigation been conducted, we suspect that the accusation of plagiarism would not have been leveled at all.
In a brief biographical account of Kalmankes published in 1992, the author of the account bemoans the fact that so little is known about Kalmankes’ life history.24 Nonetheless, much more is known about him – and his family — than the meager snippets of information recorded in the 1992 biographical account or in the standard discussions of מעין החכמה. We will take as our point of departure the clear reference in Kalmankes’ introduction to מעין החכמה to his distinguished grandfather, “the Gaon, our Teacher and our Rabbi, R. Joseph Kalmankes Yaffe of Lublin.” For our purposes, what is most important about the grandfather is that after an illustrious rabbinic career in Lublin, he spent his last years in Prague, where he died, and remains buried to this day.25 The elaborate epitaph on his tombstone informs us that he died at the age of 56 on Sunday,13 Tishre, in the year 5397 (= October 12, 1636).26 The significance of this information will become apparent shortly, but first we need to turn elsewhere.
In 1678, at the family owned printing press in Lublin, R. Abraham Kalmankes published the only other work he would publish in his lifetime. Entitled ספר האשל, it is a masterful (and typical seventeenth century) rabbinic commentary on the book of Genesis.27It was the first installment of a planned commentary on the entire Torah, but apparently the rest of the commentary either never materialized or was never published.  The commentary is essentially a midrashic-halakhic work, replete with citations from the Midrash, Talmud, Codes (especially R. Joseph Karo’s שלחן ערוך), and kabbalistic literature. The volume itself is accompanied by a series of letters of recommendations by rabbis from Kremenitz, Lublin, Brisk, Pinsk, Grodno, Vilna,28 and more, all attesting to Kalmankes’ rabbinic scholarship. Once again, Kalmankes prefaced his work with an informative introduction. Kalmankes alludes to the many trials and tribulations that accompanied him through life, including hazardous trips to Egypt and the land of Israel. He was near death on several occasions during his travels, but managed to make his way back safely to Lublin.29 Upon his return, he undertook to publish two works in his lifetime. This, in order to fulfill the talmudic dictum: “Happy is he who arrives here [i.e., on High] with his talmudic teaching in hand.”30 Since according to biblical teaching, a matter is established by “two witnesses,” Kalmankes was determined to author two books and publish them, so that he would have them “in hand” when necessary. The first book, ספר האשל, intended for a more or less popular audience, took the form of a commentary on the book of Genesis. The second book, entitled ברכת אברהם, was intended for talmudic scholars only. Kalmankes informs us that the manuscript copy of ברכת אברהם was completed and that he looked forward to its publication. Sadly, it was never published. What  needs to be noted immediately is that Kalmankes never imagined that his earlier publication of מעין החכמה could count as one of his “two witnesses”! (And this was in 1687, long before R. Joseph Samuel b. R. Zvi leveled his accusation of plagiarism in 1701.) Indeed, מעין החכמה is not mentioned at all in Kalmankes’ introduction to ספר האשל. Clearly, he did not consider it a book that he had authored.
Elsewhere in the introduction, Kalmankes notes that he will make a special effort to cite דברי תורה from his grandfather, R. Joseph Kalmankes, who he describes as: “א”א זקני מ”ו הגאון מוהר”ר יוסף קלמנקס, זצ”ל, אשר מנוחתו כבוד בק”ק פראג.”  Kalmankes adds that upon his grandfather’s death in Prague, all of his writings were lost, and that he – Kalmankes – will therefore record his grandfather’s teachings as he heard them from his disciples. “For,” explains Kalmankes, “I merited to sit at his feet only until the age of ten. Thus, I was a child, and have no real knowledge of his novellae.” We, of course, cannot be certain whether Kalmankes sat at his grandfather’s feet in Lublin or Prague (or both). If only in Prague, and if Kalmankes was ten years old when his grandfather died, we have the latest possible date of birth for Kalmankes, namely 1626, for we have already established that Kalmankes’ grandfather died in 1636. Kalmankes, of course, could have been born earlier than 1626, and we have reason to believe that this was the case.
At the other end of the spectrum, it seems likely that R. Abraham Kalmankes died somewhere between 1678 and 1701. That he was still alive in 1678 is attested by the publication of ספר האשל in that year, and by several of the letters of recommendation dated 1678, all of which describe Kalmankes as alive and well. Since Kalmankes never responded to the devastating accusation of plagiarism made against him in 1701 by a leading rabbinic contemporary, it is probably safe to assume that he died before the accusation appeared in print. Though we cannot pinpoint the year of his death with precision, the most likely candidates are either 1692 or 1693. Kalmankes died in Lvov, where he served on its rabbinic court as דיין.31 The text of the epitaph on his tombstone was copied and published in 1863 and reads:32
שנת תתן אמת ליעקב
                          ביום טוב נהפך כי טוב פעמים ואבל ומספד ונהי בכפלים
ט”ו בחודש ניסן נגנז צנצנת המן המאיר באספקלריא המאירה
כבוד מורינו ורבנו ומאורנו נתבקש בישיבה של מעלה
הגאון האלוף עין הגולה מו”ה אשר יעקב אברהם בן הרב מוהר”ר אריה קלמנקש
צלל במים אדירים של תורה וחיבר ס’ אשל אברהם על שמו נקרא
ובשביל שזיכה את הרבים יבוא שלום וינוח על משכבו בשלום
תנצב”ה
Thus, Kalmankes died on 15 Nisan on a Tuesday.33 But in which year? The text states unequivocally that it was in the year whose numerical value was embedded in the biblical phrase תתן אמת ליעקב.34 But the copyist (in 1863) informed his readers that, due to an erasure, he could no longer determine which letters from the phrase were enlarged or highlighted on the original tombstone. This makes it difficult, but not impossible – as we shall see – to calculate Kalmankes’ approximate year of death. Since Kalmankes died on the first day of Passover which fell on a Tuesday, seven candidates (between the years 1678 and 1701) present themselves: 1679, 1686, 1689, 1692, 1693, 1696, and 1699. The Hebrew equivalents for these years are: [5]439, [5]446, [5]449, [5]452, [5]453, [5]456, and [5]459. Now the numerical value of a combination of letters from the phrase תתן אמת ליעקב must add up exactly to one or more of the above Hebrew dates. Only two solutions are possible: [5]45235 and [5]453.36 These are 1692 and 1693, respectively.37 In sum, if we had to give mostly approximate dates for the three generations of the Kalmankes family mentioned by R. Abraham Kalmankes in both of his publications, they would be:
R. Joseph Kalmankes:    1580-1636
R. Aryeh Kalmankes:      1600-167038
R. Abraham Kalmankes: 1620-169339
b) Citation from מעין החכמה in ספר האשל
Critical for our discussion is the fact that R. Abraham Kalmankes cites מעין החכמה in his ספר האשל!40 It is the only reference to מעין החכמה in ספר האשל.The passage reads:41
       או יאמר מאמר הר”י ז”ל באשר נקדים מאמר מהאר”י לור”י[א] הנזכר בספר מעיין החכמה
אשר הביאותיו לבית הדפוס בפ’ י”ד שבשעת הבריאה…
Or we can explain this by citing a passage from R. Isaac of blessed  memory, i.e., by first introducing a passage by R. Isaac Luria Ashkenazi — which is mentioned in chapter 14 of the book מעיין החכמה, which I brought to press [literally: to the publishing house] — which states that during the period of creation…
If one examines chapter 14 of מעין החכמה, the passage cited by Kalmankes in ספר האשל appears exactly as referenced, but Luria’s name appears nowhere in the text of chapter 14! This is precisely because מעין החכמה was a repository of Lurianic teaching which he – Kalmankes – brought to press. Kalmankes never claimed authorship of the book, and he tells us so in his own words in 1678, long before any accusation was leveled against him.
5. Conclusions.
Ultimately, whether or not Kalmankes is viewed as a plagiarist will depend largely on one’s definition of plagiarism.42 In terms of literary (as distinct from oral) plagiarism, a reasonable definition would seem to be:
Plagiarism is the act of appropriating in print another person’s ideas,          writings, or words, and passing them off as one’s own by not providing proper attribution to their original source.
Even aside from the definition itself, the moral opprobrium attached to any specific act of plagiarism will depend on a variety of factors. Thus, it seems to me, that the more literal and lengthy the borrowing, the more heinous the offense. Motive too will surely play a role in determining the severity of the offense. We turn to the specifics of the Kalmankes case.One can certainly sympathize with R. Joesph Samuel’s outrage when, in the 1650’s, he chanced upon a copy of the recently published מעין החכמה. He leafed through its pages and realized instantaneously that it was virtually word for word a printed copy of a manuscript he owned under the title התחלת חכמה. Worse yet, prominently displayed on the title page of the pirated book was the name of the “divine kabbalist,” R. Abraham Kalmankes, a name otherwise unknown to R.Joseph Samuel. He could only conclude that this was a blatant case of plagiarism that called for condemnation. Indeed, he was still upset about the matter some fifty years later!
But, as we have seen, the title page of מעין החכמה is somewhat ambiguous about Kalmankes’ role in its authorship and publication. It simply states that Kalmankes הוציא לאור the תעלומים, i.e., he published the secret or hidden digest of Lurianic teaching. One suspects that R. Joseph Samuel never examined Kalmankes’ introduction to מעין החכמה. Had he done so, he surely would have noticed that Kalmankes admits openly that he is publishing a manuscript that contains a digest of Lurianic teaching, authored by a disciple of Luria – and not by him. Kalmankes’ states unequivocally that his contribution to the volume is limited to the few comments he added (almost always in parentheses) and to the new title, מעין החכמה, he provided for it. It is only in the third edition of מעין החכמה, published in Polonnoye, 1791 – long after Kalmankes’ death – that a skewed version of Kalmankes’ introduction is labeled: הקדמת המחבר ספר מעיין חכמה, in effect suggesting that Kalmankes was the author of מעין החכמה. Anyone who reads this skewed version of Kalmankes’ introduction, and compares it to the original, will realize at once that it is was created in 1791 in order to harmonize its content with that of a different manuscript version of the Lurianic digest (one that lacked Kalmankes’ comments) that was being attached to it.43
 We have also the clear evidence from Kalmankes’ introduction to ספר האשל, published by him in 1678, that he sought to author and publish two books in his lifetime, so as not to be embarrassed when he was called “on High.” He provides the titles of both books, yet makes no mention of the fact that he had authored and published a book called מעין החכמה. He knew full well that this was a book written by others, which he had brought to press. Indeed, as we have seen, he cited מעין החכמה in his ספר האשל. When doing so, he stated openly that it was a Lurianic work that he had brought to press.
            There doesn’t seem to be much evidence here for plagiarism, as defined above. Kalmankes’ מעין החכמה was based upon a Lurianic manuscript that was anonymous and was circulating under a variety of titles. Kalmankes never claimed authorship of the manuscript, and indicated clearly that all he did was to provide the manuscript with a new title and some brief annotation. This he did for the best of motives, namely to bring about the ultimate redemption of the Jewish people. He did not pass off the work as his own (other than the title and the annotations, which were legitimately his own creation); he withheld no proper attribution.
On the other hand, three distinguished scholars, R. Joseph Samuel of the seventeenth century, and R. Shmuel Ashkenazi and the late Professor Gershom Scholem of the twentieth century, were persuaded that Kalmankes was a plagiarist. Perhaps they felt that the appearance of Kalmankes‘ name on the title page of מעין החכמה,  preceded by the words “אב בחכמה ורך בשנים המקובל האלוהי כמוהר”ר,” with no mention of any manuscript or attribution to others, was sufficiently misleading – and, perhaps, even deliberately intended – to create the impression that Kalmankes was the author of the book. If so, they would argue, he deserves to be listed among the plagiarizers. I am not persuaded that this is the case, but in deference to the three distinguished scholars mentioned above, I have allowed the title of this essay to read as it does. At best (or: worst), it is a mild case of plagiarism, if even that.44
NOTES
1 For biographical studies of R. Joseph Samuel b. R. Zvi, see H.N. Dembitzer,
כלילת יופי (Cracow, 1893), vol. 2, pp. 144b-152b; M. Horovitz, Frankfurter Rabbinen (Jerusalem, 1969), ed. J. Unna, pp. 94-97 and 296-297; and idem,
רבני פרנקפורט (Jerusalem, 1972), ed. J. Unna, pp. 67-69 and 212. For the epitaph on his tombstone, see idem, אבני זכרון (Frankfurt, 1901), p. 151. For legendary accounts of R. Joseph Samuel, see E. Sternhell, “,תולדות יצחק” p. 2b, in Y.I. Billitzer, באר יצחק (Paks, 1898); and Y.L. Maimon, שרי המאה (Jerusalem, 1955), vol. 1, pp. 231-233.
2 For an assessment of R. Joseph Samuel’s contribution to the printed text of the Talmud, see Y. S. Spiegel, עמודים בתולדות הספר העברי: הגהות ומגיהים (Ramat-Gan, 2005), second edition, pp. 404-407.
3 See L. Loewenstein, מפתח ההסכמות (Lakewood, 2008), ed. S. Eidelberg, pp. 99-100.
H.N. Dembitzer, op. cit., vol. 2, p. 150a.
See G. Scholem, חלומותיו של השבתאי ר’ מרדכי אשכנזי (Jerusalem, 1938); and Y. Tishby, נתיבי אמונה ומינות (Jerusalem, 1964), pp. 81-107. Cf. the historical vignette in Rabbi P. Katzenellinbogen, יש מנחילין (Jerusalem, 1986), ed. Y.D. Feld, pp. 74-75.
The original reads:
ושתים רעות עושים כי לא ידעו ולא יבינו אל פעולות השם,  גם גורמים להשניא  בעיני המון את חכמי תורה שבנגלה, כסבורים העם דמאן דלא ידע האי לאו גברא רבה הוא, ומשליכים אחרי גיום חכמים חרשים ושומעים לקול מלחשים, אשר בטליתות שאינן שלהם מלבשים, כאשר בקושטא קא אמינא בדידי הוה עובדא, נהירנא זה חמישים שנה שבידי ספר נחמד כתוב על חכמת הקבלה נקרא תחלת חכמה, והנה קם מאן דהו תלמיד חדש שישן אין בו והדפיסו על שמו, והנה גנוב הוא אתו.
A. Schischa, “שלושה ספרים נעלמים,” עלי ספר 2(1976), pp. 237-240.
S. Ashkenazi, “שתי הערות,” עלי ספר 3(1976), pp. 171-173. For an expanded version of Ashkenazi’s comments in עלי ספר, see his אסופה: ארבעה מאמרים מאוצרות הר”ש אשכנזי שליט”א (Jerusalem, 2014), pp. 49-53. Cf. S.Z. Havlin, “הערת העורך,” עלי ספר 11(1984), p. 134.
These include the National Library in Jerusalem, the Bodleian Library at Oxford, and a host of other libraries in Europe and the United States. For an early description of two such manuscripts in the National Library in Jerusalem, see G. Scholem, כתבי יד בקבלה (Jerusalem, 1930), p. 63, manuscript 2512, and p, 117, manuscript 47. The Bodleian Library lists some 10 manuscript copies of התחלת חכמה in its collection. See A. Neubauer, Catalogue of the Hebrew Manuscripts in the Bodleian Library and in the College Libraries of Oxford (Oxford, 1886), column 1001. Cf. the corrections to these listings in M. Beit-Arie and R.A. May, eds., Catalogue of the Hebrew Manuscript in the Bodleian Library: Supplement of Addenda and Corrigenda (Oxford, 1994), passim. A manuscript copy of התחלת חכמה was in the private library of R. Joseph Solomon Delmedigo in 1631. See his נובלות חכמה (Basel, 1631), p. 195a. The precise title of the book varies in the manuscripts, with the most common titles being התחלת חכמה  and
התחלת החכמה.
10 See L. Fuks and R.G. Fuks-Mansfeld, Hebrew Typography in the Northern Netherlands 1585-1815 (Leiden, 1984), vol. 1, pp. 176-177, entry 233.
11 See the undated loose page, in Scholem’s hand, appended to Scholem’s copy of מעין חכמה at the National Library in Jerusalem. Cf. ספריית גרשם שלום בתורת הסוד היהודית: קטלוג (Jerusalem, 1999), vol. 1, p. 312, entry 4188.

12 See the scan of the title page.

 

13 See the scan of the introduction.
14 The title is so listed on the pages of the treatise itself in ארזי הלבנון, pp. 46b-47a. On the title page of ארזי הלבנון, it is listed as מעיין החכמה. The frequent and easy interchange between the spellings מעין and מעיין and the spellings חכמה and החכמה characterizes virtually all the printed editions of the various books bearing these titles.
15 L. Fuks and R.G. Fuks-Mansfeld, op. cit., vol. 1, p. 195, entry 270,
16 Only a handful of copies are extant world wide. To the best of my knowledge, the first edition of Kalmankes’ מעין החכמה has not been photo-mechanically reproduced, and it is not available online (as of the date this note was recorded). Nor is it available on any of the standard electronic collections of rabbinic literature, such as HebrewBooks, אוצר החכמה, or אוצרות התורה. I am indebted to the National Library in Jerusalem and the Jewish Theological Seminary in New York for making their copies available to me. The scans of the title page and the introduction are reproduced here courtesy of the Bibliotheca Rosenthalia, now in the Special Collections of the University of Amsterdam (online catalogue: http://permalink.opc.uva.nl/item/001748453).
17 H. D. Friedberg, תולדות הדפוס העברי בפולניא (Antwerp, 1932), p. 61.
18 One key revision appears on p. 1, chapter 2, where ספר ויקהל משה is referenced. The book is not mentioned in the first edition of Kalmankes’ מעין החכמה, nor could it have been, since ספר ויקהל משה was not published until 1698. The reference is to R. Moshe Graf, ויקהל משה (Dessau, 1698). It does not appear likely that Kalmankes saw Graf’s work in manuscript form, since מעין החכמה was published in 1652 and Graf was born in 1650.
19 For the date of Kalmankes’ death, see below. The Koretz, 1784 edition was photo-mechanically reproduced in Jerusalem, 1970.
20 The Polonnoye, 1791 edition of מעיין חכמה was photo-mechanically reproduced in Jerusalem, n.d. (circa 1998), in a thin, dark blue, hardbound volume whose spine and outer cover read צדיק יסוד עולם, and whose title page reads הר אדני. (In other words, when seeking a copy in a bookshop of the reprint of the Polonnoye, 1791 edition of מעיין חכמה, whatever else you do, don’t ask for a copy of מעיין חכמה.)
21 As noted by S. Ashkenazi (see above, note 8), the title page of the Lvov edition indicates that its text is based upon the Koretz edition, and reproduces the very biblical phrase used by the Koretz edition for indicating its original date of publication in 1784. But by highlighting a different set of letters within the same biblical phrase, the Lvov edition announces to the reader that its date of publication is 1875.
22 Y. Avivi, קבלת האר”י (Jerusalem, 2008), 3 volumes, passim. See especially vol. 1, pp. 204-208, 443; and vol. 2, pp. 565-568, 840-841. See also, idem, “כתבי האר”י באיטליה עד שנת ש”פ”,” עלי ספר 11(1984), pp. 91-134; and “הערה,” עלי ספר 12(1986), p. 133.
23 “Plagiarism is something people may do for a variety of reasons but almost always something they do more than once.” So T. Mallon, Stolen Words: Forays into the Origins and Ravages of Plagiarism (New York, 1989), preface, p. xiii.
24 Rabbi M.Y.S. Goldenberg, “פתח דבר,” to the reissue of R. Abraham Kalmankes’ ספר האשל (Brooklyn, 1992).
25 On R. Joseph Kalmankes Yaffe of Lublin, see J. Kohen-Zedek, שבת אחים ( St. Petersburg, 1898), pp. 59-76; S. B. Nissenbaum,  לקורות היהודים בלובלין, (Lublin, 1920), second edition. pp. 36-37; S. Buber, אנשי שם (Cracow, 1895), p. 89, entry 217;  and S. Englard, “צפונות יוחסין (א), “ ישורון 3(1997), p. 680, note 6 and p. 694, note 36a.
26 See K. Lieben, גל עד (Prague, 1856), German section, p. 46; Hebrew section, pp. 34-35.
27 R. Abraham Kalmankes, ספר האשל (Lublin, 1678). Few copies have survived. For the copy at the Bodleian Library, see M. Steinschneider, Catalogus Librorum Hebraeorum in Bibliotheca Bodleiana (Berlin, 1860), vol. 1, column 752, entry 4458:1; and A.E. Cowley, A Concise Catalogue of the Hebrew Printed Books in the Bodleian Library (Oxford, 1929), p. 45. For the copy at the British Library, see J. Zedner, Catalogue of the Hebrew Books in the British Museum (London, 1867), p. 14. For the copy at Yeshiva University’s Mendel Gottesman Library, see B. Strauss, אהל ברוך (London, 1959), p. 31, entry 534. To the best of my knowledge, the first edition of Kalmankes’ ספר האשל has not been photo-mechanically reproduced, and is it not available online (as of the date this note was recorded). Nor is it available on any of the standard electronic collections of rabbinic literature, such as HebrewBooks, אוצר החכמה, or אוצרות התורה. A new edition of this exceedingly rare volume was made available by Rabbi M.Y.S. Goldenberg (Brooklyn, 1992) and we are indebted to him. Nonetheless, one needs to use this new edition with caution; the text has been “improved” for the modern reader. A comparison of the texts of the title page, as they appeared in 1678 and 1992, serves as an indicator of the occasional liberties taken with the text. A seemingly enigmatic woodcut (opposite the opening page of the commentary on Genesis) depicting a Jew (Kalmankes?) drawing water from a well (מעין החכמה?) – and framed in an elaborate frame marked by two angelic beings holding up a crown inscribed with the words כתר תורה – was not reproduced in the 1992 edition. See the attached scans:
 
28 The letter of recommendation from Vilna, dated 1673, was written by its Chief Rabbi, R. Moses b. David Kramer (d. 1687), the paternal great-great-grandfather of the Vilna Gaon.
29 These vicissitudes of life may account for the additional first names of Kalmankes, who in ספר האשל is identified as אשר יעקב אברהם קלמנקס. For the practice of changing names and/or adding additional first names when confronted by difficult circumstances, see R. Judah He-Hasid, ספר חסידים (Jerusalem, 1957), ed. R. Margulies, p. 214, paragraph 245 and notes. Cf. A. Teherani, כתר שם טוב (Jerusalem, 2000), vol. 1, pp. 293-315.
30 B. Pesahim 50a and parallels.
31 S. Buber, op. cit., p. 45, entry 101.
32 G. Suchestow, מצבת קודש (Lemberg, 1863), second edition, vol. 1, no pagination, entry 32.
33 The opening line ביום טוב נהפך כי טוב פעמים signals that Kalmankes died on a holiday that fell on the day when כי טוב was said twice. The next line identifies the holiday as 15 Nisan, i.e., the first day of Passover. The day כי טוב was said twice refers, of course, to the third day of creation, i.e. Tuesday. See Gen. 1:10 and 12.
34 Buber, loc. cit., writes with confidence that the highlighted letters are אמ”ת, which would indicate that Kalmankes died in [5]441 or 1681. But in 1681, the first day of Passover fell on a Thursday, not on a Tuesday. Suchestow was more circumspect, indicating it was no longer possible to determine which of the engraved letters were enlarged or highlighted. He left the problem unresolved. The usual practice for highlighting was the placement of a protruding dot over the engraved letters that were to be used for reckoning the year of death. The problem cannot be resolved by emending the second line to read ט”ז בחודש ניסן instead of ט”ו בחודש ניסן, since the second day of Passover can never fall on a Tuesday. See שלחן ערוך, אורח חיים, סימן תכח: א.
35 By highlighting the letters תתן אמ’ת’ לי’עקב’.
36 By highlighting the letters תתן א’מ’ת’  לי’עקב’.
37 These dates are based upon the assumption that the text of Kalmankes’ epitaph, as copied and published by Suchestow in 1863, is an accurate copy of the original. But this may not be the case. Suchestow’s מצבת קודש is marred by egregious errors. He sometimes copied and published as many as four different versions of the same epitaph! In another instance, he divided an epitaph into two parts, creating two dead persons when only one was called for. See the critiques of Suchestow in S. Buber, op. cit. (above, note 25)pp. vi-viii and in R. Margulies, “”,לתולדות אנשי שם  סיני 26(1949-50), p. 113 ( and throughout the later installments to this essay published in סיני between 1950 and 1952). Given that Kalmankes’ tombstone was close to 200 years old when it was copied in 1863, it is likely that the epitaph could be read only with great difficulty. While any attempt at emending the received text is speculative, a slight emendation of the first lines of the epitaph yields the following text:
שנת תתן אמ”ת ליעקב
ביום טוב נהפך טוב פעמים ואבל ומספד ונהי בכפלים
ט”ו בחודש ניסן נגנז צנצנת המן המאיר באספקלריא המאירה
The sense would be that Kalmankes died on 15 Nisan, on יום טוב, on a day when טוב was twice overturned. It was overturned first, because every day of the week of creation was described as  טוב(with the exception of the second and seventh days); and second, because it was יום טוב, a holiday. This would allow for 15 Nisan to fall on a Thursday, and indeed in 1681 (the numerical equivalent of אמ”ת), the first day of Passover fell on a Thursday. If so, Kalmankes may well have died in 1681.
38 These dates are an approximation. We know only that R. Aryeh Kalmankes died in 1671 or earlier, as his name appears with ברכת המתים in several letters of approbation dated 1671 and appended to ספר האשל.
39 These dates, as well, are an approximation. For possible evidence that R. Abraham Kalmankes died in 1681, see above, note 37. If Kalmankes was born in 1620, he would have been 32 years old when מעין החכמה was published in 1652. This fits well with his description on its title page as a רך בשנים. It also fits well with R. Joseph Samuel’s characterization of him (at the time) as an “upstart student.” It would also mean that he was nearing 60 years of age in 1678, when he published ספר האשל. This fits well with his bemoaning the fact – in the introduction to the volume – that the hair on his head and beard had turned gray and that old age was overtaking him.
40   It is astonishing that the author of the most comprehensive study of the Kalmankes family, J. Kohen-Zedek, שבת אחים (see above, note 25), concluded on pp. 67-68, that the authors of מעין החכמה and ספר האשל were two different people named Kalmankes (cousins, of course)! Among his proofs is the alleged fact that the author of ספר האשל was unaware of the existence of מעין החכמה. Alas, Kohen-Zedek overlooked the passage cited here. So too Gershom Scholem, who wrote: “המחבר [של ספר מעין החכמה] לא הזכיר את הספר בספריו הוא, כגון ספר האשל.” See the loose page in Scholem’s hand and the Scholem Library Catalogue, referred to above, note 11. Scholem, however, did not conclude with Kohen-Zedek that the authors of מעין החכמה and ספר האשל were two different people. Even more astonishing is the fact that the late bibliophile, R. Reuven Margulies, cited Kohen-Zedek’s conclusion approvingly. See R. Margulies, “לתולדות אנשי שם בלבוב,” סיני 26(1949-50), p. 219. It appears likely that Scholem (in part) and Margulies were misled by Kohen-Zedek.
41 ספר האשל (Lublin, 1678), p. 8b. We have printed the text as it appears
  in the first edition. In the 1992 edition, it appears on p. 29 as follows:
או יאמר באשר נקדים מאמר הר”י לוריא הנזכר בספר מעיין החכמה אשר הביאותיו לבית הדפוס בפ’ י”ד, שבשעת הבריאה…
 42 In general, see A. Lindey, Plagiarism and Originality (New York, 1952); T. Mallon, op. cit. (above, note 23); and J. Anderson, Plagiarism, Copyright Violation and Other Thefts of Intellectual Property: An Annotated Bibliography with a Lengthy Introduction (Jefferson, North Carolina, 1998).
43 Thus, in the introduction to the first edition of מעין החכמה, Kalmankes states:
וגם מעט מזער מדעתי הוספתי אך לזכות הרבים היא כוונתי (I added but a few comments of my own; my only intention is to benefit the many). In the Polonnoye, 1791 edition this was radically changed to: וגם מעט מזער מדעתי לא הוספתי אך לזכות הרבים היא כוונתי (I added not even the fewest of comments of my own; my only intention is to benefit the many). This change was made necessary because the kabbalistic manuscript now appended to Kalmankes’ introduction, and being published together with it for the first time, did not contain Kalmankes’ additional comments.   
44 I am deeply grateful to Rabbi Menachem Silber for reading and commenting on an earlier draft of this essay. The errors that remain are entirely mine.



Plagiarism, Halakhic Paradox, and the Malbim on Kohelet

Plagiarism, Halakhic Paradox, and the Malbim on Kohelet
by
Marc B. Shapiro
1. A story recently appeared alleging plagiarism in the writings of R. Yonah Metzger.[1] Such accusations are nothing new and the topic of plagiarism in rabbinic history is of great interest to me. Many of the scholars of Jewish bibliography have also written about the phenomenon,[2] and a good deal on the topic has appeared on the Seforim Blog.[3] Suffice it to say that every generation has had problems in this regard, and we see even see apparent instances of it in the Talmud.[4] The examples range from taking another’s ideas (including one’s teacher[5]), to copying sections of another work, to reprinting an entire book and changing the title page.[6] It is interesting that R. Moses Sofer, unlike others, is reported not to have been troubled by people plagiarizing from him. As he put it, he doesn’t mind if they attach his hiddushim to their names, as long as they don’t attribute their own hiddushim to him.[7]
R. Isaac Sternhell, in the introduction to his Kokhvei Yitzhak, vol. 1, gives a good illustration of how widespread the problem of plagiarism has been in explaining why R. Joseph Karo and R. Moses Isserles don’t mention anything in the Shulhan Arukh about the obligation to repeat a Torah teaching in the name of one who said it (itself of great importance, not to mention the geneivat da’at involved if one doesn’t give proper credit [8]). R. Sternhell states that that since so many people plagiarize, including תלמידי חכמים שיראתם קודמת לחכמתם, therefore, just like it is a mitzvah to say that which people will listen to, so too it is best to be quiet about something they won’t pay attention to [9]. R. Sternhell reports that this reason was actually given by R. Yissachar Dov Rokeah of Belz in explanation of why there is nothing in the Shulhan Arukh about the prohibition of leshon hara.[10]
והם מתוך שחששו מלהביא קטרוג על כלל ישראל התעלמו מדינים אלה בפסקי הלכה והשמיטום. ובכך קיימו דברי הנביא עמוס (ה’ ג’) והמשכיל בעת ההיא ידום
R. Sternhell then lists a few books that plagiarized, and the books from which they stole. The problem is that he only identifies the plagiarizing books by their initials, which makes identifying them quite hard.
Today we have Otzar ha-Hokhmah which makes spotting plagiarism easier. Let me share with you one example. I am a long time reader of the journal Or Torah, which is where so many of R. Meir Mazuz’s writings have been published. In Tamuz 5758 an article appeared by a certain R. Daniel Weitzman. Here are the first two pages. On the second page there is something suspicious, which I don’t know if anyone other than me would take notice of. He cites R. Weinberg’s famous responsum on abortion but instead of citing it from Seridei Esh, he refers to an earlier appearance in Ha-Pardes. This sort of thing immediately sets off bells for me, since how would a rabbi in Israel in the pre-hebrewbooks.org and pre-Otzar ha-Hokhmah era have access to a thirty-year-old issue of Ha-Pardes? How would he ever come to that? In fact, if you look at the article, it seems that he doesn’t even know what Ha-Pardes is, referring to it as Pardes. The title he gives to R. Weinberg’s article is also not correct and is taken from the source he plagiarized from.

 

Now compare what Weitzman wrote with what appears in R. Shmuel Hayyim Katz’s Devar Shmuel (Los Angeles, 1986).


Weitzman has not just plagiarized, but he has copied word for word from Katz. Needless to say, I was quite distressed when I saw this. Since it is rare that someone plagiarizes only once, I decided to check Weitzman’s other articles that appeared in Or Torah.

Here is an article from Tamuz 5757 (first page, but here is a link to the complete article).

This article is also plagiarized from R. Katz’s Devar Shmuel.

And here Weitzman’s article from Or Torah, Av 5758, and it too is plagiarized from R. Katz’s Devar Shmuel.

  

Here are the pages from Devar Shmuel:

With the aid of Otzar ha-Hokhmah I was able to find the following. Here is the first page of Weitzman’s article that appears in Or Torah, Heshvan 5761.

It is taken almost word for word from R. Mordechai Friedman’s Pores Mapah (Brooklyn, 1997).

 

Pores Mapah is not a well-known book (although it has much to recommend it), and having been published in the U.S. was probably hard to come by in Israel. This is the perfect sort of book for an Israeli to plagiarize from, and years ago it would have been virtually impossible for anyone to realize what had happened. Yet with Otzar ha-Hokhmah I was able to locate the plagiarism in a matter of seconds.
I think the explanation for plagiarisms like this is simply because people are greedy. They not only want that which they can achieve, but want to take from others as well. To once again cite the Gaon R. Mizrach-Etz, “a man’s got to know his limitations.”
Yet I must also note are cases of men who plagiarized in their early years but later became great Torah scholars, showing that a youthful error need not determine the course of one’s subsequent development.[11]
Sometimes, what appears to be a plagiarism has a much simpler explanation.[12] Here is a page from R. Moses Teitlebaum’s Heshiv Moshe, no. 87.

Compare this responsum with what appears in R. Abraham Bornstein, Avnei NezerHoshen MishpatLikutei Teshuvot no. 101. The responsa are basically identical except for the dates and addressee.

What is going on here? I think it is obvious that R. Bornstein had a handwritten copy of the responsum, which he presumably copied out of Heshiv Moshe, a work published in 1866. After his death the one who put together his responsa did not realize that this was a responsum of R. Moses Teitelbaum, so he published it adding Bornstein’s signature and a new date. He also assumed that when the original responsum referred to the questioner as ש”נ it meant שינאווי when in fact it means שיאיר נרו or שיחיה נצח. Furthermore, in the original responsum it states דבר זה מתורת משה ילמדני which is an allusion to the one being asked the question, R. Moses Teitelbaum. Yet this was overlooked when the responsum was included in the Avnei Nezer.

Here is another example of what has been alleged to be plagiarism.[13] It is a passage from the Beur Halakhah, 494, s.v. מבחודש השלישי.

 

Now look at the Shulhan Arukh ha-Rav, 494:8-11, and you can see that it has been copied word for word, even though at the end of the Beur Halakhah it states: זהו תמצית דברי האחרונים

 

What to make of this? One of the commenters on the site that calls attention to this text sees here an indication that the Hafetz Hayyim’s son was also involved in the writing of the Mishnah Berurah (as he claimed), since the Hafetz Hayyim himself would not do such a thing. Yet matters are more complicated than this, as there are also other places where the Mishnah Berurah copies word for word from the Shulhan Arukh ha-Rav (and presumably from others sources as well).[14] Are we to assume that these were all inserted by his son?

It appears that the Hafetz Hayyim’s conception of what was proper in using earlier sources differed from what is accepted today, much like standards were also different in medieval times. Furthermore, since the Hafetz Hayyim writes זהו תמצית דברי האחרונים, even from a contemporary perspective we are not dealing with plagiarism. But the question is – and I don’t have the answer – why in some places the Hafetz Hayyim did not indicate when he was taking material from the Shulhan Arukh ha-Rav. He does mention in the introduction that the Shulhan Arukh ha-Rav is one of the sources from which his own commentary derives its material, and he constantly refers to it, so why in this case is there no indication of his source? Maybe one of the readers can answer if the Shulhan Arukh ha-Rav is unusual in this regard, or if this is done with other sources as well. As far as I know, we don’t yet have an edition of the Mishnah Berurah that provides all the sources used in the text.
2. In Ha-Ma’ayan, Tishrei 5771 and Tevet 5771 there are articles on the idea of “Halakhic Paradox” by R. Michael Avraham and R. Meir Bareli. You can see Ha-Ma’ayan online here.
Here is another halakhic paradox that I found in the journal Ohel Yitzhak, Sivan 5668, p. 4b. Take a look at R. Menahem Ratner’s second question. I tried to actually put what he is asking into English but was unsuccessful as my mind kept going in circles. As with all such cases, and one immediately thinks of Zeno’s paradoxes, the problem is to determine if we are indeed dealing with a real paradox or if the paradox is only apparent. So I ask those readers who want to try to get their head around what Ratner is saying, is this a real paradox or is he missing something?

3. In the past few years there were many topics I wanted to get to, but simply didn’t have the time. These matters are not much in the news now so I won’t discuss them in detail as I had originally hoped to. However, I will make a few comments as I think readers will still find the topics of interest.
Let’s start with the commentary of the Malbim on Kohelet that was published in 2008. Here is the title page.

Understandably, there was much excitement when this book appeared since it is quite an event when an unknown commentary of such a major figure is discovered. However, the excitement was short-lived, as it soon became known that the commentary was not by the Malbim but by a nineteenth-century maskil, Jonah Bardah. Even more embarrassing for the publisher, Machon Oz ve-Hadar, is that Bardah’s commentary even appeared in print in 1850. Here are the title pages.

 

This would be bad no matter who the publisher was, but the fact that Machon Oz ve-Hadar is from New Square, which is as far removed from Haskalah imaginable, makes the mistake drip with irony.
How did such a blunder happen? Today, it seems that everyone is looking for unknown material to publish. There are a number of journals that devote a good deal of space to this, and I often wonder what will happen when we run out of unpublished documents. With this mindset you can imagine how excited the publisher was when he was informed that someone had located a previously unknown commentary by the Malbim. The assumption that this was the Malbim’s text was due to the similarity between the method of commentary in the newly discovered work and other commentaries of the Malbim. Without careful examination, the Kohelet commentary was published and this would in turn lead to great embarrassment, not to mention a lot of wasted time and money.
The story of this mistake is found in a document entitled Sheker Soferim. Here is the title page.

(A softened version of this article appeared in Yeshurun 25 [2011], pp. 724ff., and there the author’s name is revealed: R. Avraham Yeshaya Zecharish.[15]) This is really a damning document as it shows that the publisher had already been told that the handwriting of the commentary was not that of Malbim. I am not going to say that the publisher knowingly printed a fraud in order to profit by the Malbim’s name. But I think it is obvious that that the publisher’s great desire to publish the work caused him ignore what he had been told and to instead rely on his own “experts.” Whoever edited the work also showed his (their?) ignorance, since when the commentary referred to רמבמ”ן , not knowing that this referred to Mendelssohn the text was “corrected” to read רמב”ן!
Despite my sense that there was no intentional fraudulence in this publication, I don’t entirely discount the possibility that the publisher knew the commentary was not by Malbim but printed it anyway. I say this because as shown in Sheker Soferim there is one passage in the commentary where the “Malbim” claims that there is a mistake in the biblical text. The editors censored this passage, and this to be expected as from a haredi perspective such a comment is heretical. But if so, could the publisher actually believe that the Malbim wrote that which was censored?
Lest people think that things like this don’t have real effects in the world, let me just note that, as pointed out by Eliezer Brodt, an entire chapter of a doctoral dissertation is devoted to the false Malbim commentary on Kohelet.[16] Just think of how many hours were devoted to this dissertation chapter, all of which were wasted.
While Zecharish points to various “problematic” elements of the commentary that the publisher should have been aware of, he misses one right on the first page.

The notes at the bottom of the page are found in the original manuscript and publication. Here is the page.

In the commentary to the first verse the “Malbim” explains how the beginning of biblical books, where the author is introduced, is written by a later person.
.ואדמה כי לא יטעה כל משכיל לחשוב אשר המחבר בעצמו דיבר אלה הדברים
In the note the “Malbim” adds:
.עיין בהראב”ע בהתחלת ספר דברים
The beginning of Deuteronomy states: “These are the words which Moses spoke unto all Israel beyond the Jordan.” Upon these words Ibn Ezra introduces his “secret of the twelve” which focuses on post-Mosaic additions to the Torah. It is incredible that while the “Malbim’s” intention is crystal clear, namely, that the beginning of Deuteronomy was written after Moses, the editors didn’t catch this and see anything problematic in the comment, a comment that would never have been made by the Malbim.[17]
——

[1] See here. For former French Chief Rabbi Gilles Bernheim’s plagiarism, see the statement in First Things available here.
I think this sentence, from the article, is particularly apt:

One of the perversions of our era is to make a god of intellectual property. Most commentators described Bernheim as “stealing” words and sentences. This is wrongheaded. Plagiarism is a sin against truth, not property. It’s first and foremost a kind of lying, not a kind of stealing. He violated our trust by speaking in a voice that was not his own, which is why in this and other cases of plagiarism the writer loses intellectual and moral authority broadly.

The importance of our spiritual leaders speaking the truth cannot be stressed enough. R. Kook writes about how forces of heresy were strengthened when people saw unethical behavior among בעלי תורה ואמונה. See Eder ha-Yekar, p. 43.
R. Joseph Ibn Caspi explains at length how a prophet, who models himself on God who is called א-ל האמת, always speaks the truth, even when speaking to his wife and children (!). See Shulhan ha-Kesef, ed. Kasher (Jerusalem, 1996), pp. 146, 163. This is so important to Ibn Caspi that he deals with a number of biblical examples where it appears that a prophet did not speak truthfully, and he argues that the meaning is not what appears at first glance. The one case where he acknowledges that we are dealing with a lie is Jacob telling Isaac, “I am Esau your firstborn” (Gen 27:19). Yet this does not affect Ibn Caspi’s thesis because he claims, p. 150, that when Jacob told this lie he was not yet a prophet.
.הנה כחש אבל עדין לא הגיע למדרגת הנבואה עד היותו בדרך חרן וראה הסולם
After his discussion about prophets and how they were always truthful, Ibn Caspi concludes, p. 163, that this is also how a חכם should behave. Our rabbis now stand in place of the prophets of old, thus they too much be paragons of truth.
With regard to Ibn Caspi’s Shulhan ha-Kesef, I would like to make one further point. In a previous post, see here, I discussed how, according to Ibn Caspi, the Torah contains statements that are not actually true, but were believed as such by the ancients. We see another example of this in Shulhan Kesef, p. 147, where he writes, in seeking to explain an example where it appears a prophet lied:
.כי הנביא שם משותף וכבר הרחיב הכתוב ואמר “חנניה הנביא” בסתם
What Ibn Caspi is saying is that even though the Bible refers to someone as a prophet, this doesn’t mean he was really a prophet. It could be that he is referred to as such because this is what the people believed, even though the people were incorrect. In other words, the Bible incorporates the incorrect view of the people in its narrative. The proof he brings is from Jeremiah 28 where Hananiah is referred to as a prophet but in reality he was a fraud.
[2] See most recently Shmuel Ashkenazi, “Ha-Gonev min ha-Sefer,” Yeshurun 25 (2011), pp. 675-690.
[3] See here.
[4] See e.g., Bekhorot 31b, Menahot 93b; R. Moses Zweig, Ohel Moshe, vol. 1, no. 41. The fact that the Sages had this problem in their own day is probably also why they stressed the importance of proper attribution. This is pointed out by R. Nathan Neta Olevski, Hayei Olam Nata (Jerusalem,1995), p. 241:
מזה נראה כי גם בימיהם כבר פשתה המספחת להתגדר בגנבי גנובי את תורת אחרים ולכן ראו חז”ל להגדיל ערך המשתמר מזה ולחשוב דבר זה בין המ”ח דברים שהתורה נקנית בהן
[5] See e.g., R. Yekutiel Yehudah Greenwald, Mekorot le-Korot Yisrael (n.p., 1934), p. 48.
[6] See e.g., Nahum Rakover, Zekhut ha-Yotzrim bi-Mekorot ha-Yehudi’im (Jerusalem, 1991), pp. 38ff.
[7] Otzrot ha-Sofer 14 (5764), p. 91:
.זה אני מוחל לכם אם אתם אומרים חידושיי בשמכם, אבל אם אתם אומרים חידושים שלכם בשמי זה אינני מוחל לכם
For a communal rabbi, who was expected to prepare his own derashot, it was unacceptable to inform his listeners that he was using material from others. However, R. Asher Anshel Yehudah Miller, Olamo shel Abba (Jerusalem, 1984), p. 187, reported one tongue-in-cheek justification of this practice if due to circumstances beyond his control the rabbi was unable to properly prepare for his Shabbat ha-Gadol derashah. Since the Talmud, Pesahim 6a, states שואלין ודורשין בהלכות פסח, one can derive from this that מותר “לשאול” מאחרים בשעת הדחק ולדרוש בהלכות פסח
[8] I mention geneivat da’at, yet according to some one who plagiarizes actually violates the prohibition against actual geneivah. See R. Yaakov Avraham Cohen, Emek ha-Mishpat, vol. 4, nos. 2, 24; R. Yaakov Hayyim Sofer, Hadar Yaakov, vol. 5, no. 38. R. Isaiah Horowitz, Shenei Luhot ha-BeritMasekhet Shevuot, no. 71, writes about plagiarism:  יותר גזילה מגזילת ממון
R. Eleazar Kalir states that the plagiarizer violates a positive commandment. See Havot Yair (Vilna, 1912; printed as the second part of the Malbim’s Eretz Hemdah), p. 26a:
ואומרים חידושי תורה מה שלא עמלו בו רק מפי השמועה שמעו ואומרים משמיה דנפשם ועוברים על עשה . . . שכך אמרו כל האומר דבר בשם אומרו מביא גאולה לעולם
See also the very harsh comments of R. Joseph Hayyim David Azulai in his Berit Olam to Sefer Hasidim, no. 224, which should be enough to scare away at least some of the plagiarizers:
אם כותב ספר וגנב תורת אחרים . . . בחצי ימיו יעזבנו ואחריתו יבא בגלגול אחר ויהיה נבל ויהיה מזולזל כי נבל הוא ונבלה עמו. רחמנא ליצלן
[9] Robert Klein called my attention to the final part of R. Solomon Ephraim Luntshitz’s introduction to his Keli Yekar, where he suspects that some of the commentators who preceded him were guilty of plagiarism. See also his Olelot Ephraim, at the end of the introduction, where he claims that all the plagiarisms are delaying the arrival of the Messiah. He plays on the verse עשות ספרים הרבה אין קץ  and explains that since so many new books are full of plagiarisms, עשיית ספרים הרבה גורם איחור קץ הימים.
R. Solomon Alkabetz, Manot ha-Levi (Lvov, 1911), p. 91b, also refers to the plagiarizers of his day. I called attention to R. Eliyahu Schlesinger’s plagiarism in my review of Avi Sagi’s and Zvi Zohar’s book on conversion, available here. See p. 9 n. 29. See also my post from June 25, 2010, available here, where I cite another case of plagiarism from Schlesinger. I found these examples by chance, and I am sure that if I were to carefully examine the latter’s writings I would come up with more. Yet there doesn’t seem to be much point in doing so, since in the haredi world there simply is no accountability in matters like this.
A number of scholars have discussed plagiarism with regard to Abarbanel, and I hope to return to this. For now, let me just note the following. In his introduction to Trei Asar, p. 13, Abarbanel explicitly denies that he plagiarized, while at the same time accusing R. David Kimhi of doing so.
שהמובחרים והטובים מהפירושים שזכר רבי דוד קמחי מדבר [!] הראב”ע לקחה [!], עם היות שלא זכרם בשמו ואני איחס כל דבר לאומרו פן אהיה ממגנבי דברים
At the end of his commentary to Amos, he repeats the accusation:
ומה שפירש עוד בהלא כבני כושיים בשם אביו הנה הוא לקוח מדברי הרב רבי אברהם בן עזרא ומה לו לגנוב דברים
See R. Dovberish Tursch, Moznei Tzedek (Warsaw, 1905), p. 195; Abraham Lipshitz, Pirkei Iyun be-Mishnat Rabbi Avraham Ibn Ezra (Jerusalem, 1982), p. 131.
[10] It is hard to take this explanation seriously. Talking during the repetition of the Amidah has always been common, yet rather than omit mention of this matter, the Shulhan ArukhOrah Hayyim 124:6, writes:
לא ישיח שיחת חולין בשעה שש”צ חוזר התפלה ואם שח הוא חוטא וגדול עונו מנשוא וגוערים בו
R. Zvi Yehudah Kook reported that his grandfather, R. Shlomo Zalman Kook, once strongly rebuked someone for talking during the repetition of the Amidah. When it was pointed out to him that דברי חכמים בנחת נשמעים, he replied that the Shulhan Arukh uses the word גוערים and that does not mean a gentle suggestion but a sharp rebuke. See R. Yair Uriel, Be-Shipulei ha-Gelimah (n.p., 2012), p. 32. (The story immediately following this one is also of interest. It records that R. Zvi Yehudah opposed the common practice [at least in America] of singing אשמנו בגדנו:
יש לומר את הדברים ברצינות, בצער ובכאב, ולא מתאימה לזה שירה 
It seems that R. Abraham Isaac Kook followed in the path of his father. See ibid., pp. 58-59, for the famous story of how R. Kook, while rav in Bausk, once slapped a “macher” in the face when he insulted R. Zelig Reuven Bengis. (The story is told in great detail in R. Moshe Zvi Neriyah, Sihot ha-Re’iyah [Tel Aviv, 1979], ch. 22.) R. Kook later explained that he did not slap the man in a fit of anger, but was of completely sound mind and did it in order to follow the Sages’ prescription of how to respond to one who degrades a Torah scholar:
“וכך אמר: “דינא הכי, מי ששומע זילותא של צורבא מרבנן צריך למחות
All I would say is that one must be careful with who one slaps. R. Yekutiel Yehudah Greenwald, Li-Felagot Yisrael be-Ungaryah (Deva, 1929), p. 25, records a story from mid-eighteenth-century Hungary where in the synagogue and in front of the congregation the head of the community slapped the rabbi in the face. This was the last straw for the rabbi (who was really a phony), and he, his wife, and children converted to Christianity.
R. Naphtali Zvi Judah Berlin would occasionally slap a student in the face. On one occasion it even led to a noisy protest by the students. Because the students refused to back down, the Netziv unable able to deliver his shiur. This led to him making a public apology to the students, which they happily accepted. See M. Eisenstadt, “Revolutzyah bi-‘Yeshivah,’” Ha-Tzefirah, June 2, 1916, pp. 1-2 (referred to by Shaul Stampfer, Lithuanian Yeshivas of the Ninteenth Century [Oxford, 2012], p. 113).
Since we are on the subject of slapping in the face, and since I mentioned R. Yitzhak Zilberstein in my last post, here is something else from his Hashukei Hemed on Bava Kamma, pp. 492-493.

 

I think it is quite interesting that he takes it as a given that policemen in Israel will beat thieves until they confess. Is there any truth to this at all? He himself thinks it is good that thieves be given a good slap in the face.

There are many more examples I could cite of people being slapped in the face, including by rabbis. One thing that is clear is that face-slapping has gone out of style.. It is like fainting, which was common in old movies. But when was the last time you saw a woman faint? It just doesn’t happen anymore.
Returning to R. Bengis, it is noteworthy that he and R. Kook were great friends from their days in Volozhin.  See the booklet Or Reuven (Jerusalem, 2011), which is devoted to their relationship R. Bengis’ letters to R. Kook in Iggerot la-Rei’yah show that he regarded R. Kook as rav of Jerusalem and chief rabbi of the Land of Israel. Only after R. Kook’s death did R. Bengis become Rosh Av Beit Din of the Edah Haredit in Jerusalem. His life-long admiration for R. Kook, even in his new position with the Edah Haredit, is, of course, not usually mentioned in haredi discussions of him. Since in the past I have criticized Yeshurun for its conscious distortions (all in the service of the haredi cause), let me now praise it for including the following in vol. 12 (2003), p. 156 n. 35.

Rabbi Nathan Kamenetsky, Making of a Godol, pp. 305-306, reports in the name of R. Yosef Buxbaum that R. Bengis knew the poetry of Pushkin. (He also quotes a report that R. Bengis did not know Russian and when tested by a government official to ensure that secular studies were being taught in Volozhin, he just repeated the page of Pushkin from memory which he had prepared ahead of time by having another student read it for him. This strikes me as an apologetic attempt to “kasher” R. Bengis, as followers of the Edah Haredit will not take kindly to the knowledge that R. Bengis knew Russian poetry.)
For a recent discussion of R. Bengis and his brother, who went by the name of “Ben Da’at”, see here.
According to an unpublished collection of Brisker stories in my possession, R. Velvel Soloveitchik said about R. Bengis that just because one is a great talmid hakham does not mean that he is also a leader. Perhaps R. Velvel had this view of R. Bengis because the latter’s extremist credentials left something to be desired.
[11] Marvin J. Heller, Studies in the Making of the Early Hebrew Book (Leiden and Boston, 2008), p. 204, writes as follows about R. David Lida: “I would suggest, and this is highly speculative and certainly not a justification, that Lida’s acts of literary piracy were youthful improprieties, albeit of a most serious nature. A young man, inexperienced, perhaps immature, from whom much was expected, hoping to impress others and to further a burgeoning career, erred and claimed authorship of works he had not written, but rather discovered in manuscript.”
[12] The following example, with some of the explanations I give, is found here.
[13] This too was noted here.
[14] In a comment to my last post, someone wrote:

“The part about Anshei Keneset ha-Gedolah requiring the Amidah to be recited twice a day and that women are also obligated in this is not from Nahmanides. This is the Mishnah Berurah speaking.”

Actually, these are the words of the Shulchan Aruch HaRav (או”ח קו,ב), quoted here verbatim.

This practice of the MB citing whole paragraphs from the SAH – without attributing the author – is common throughout the his work, in leads many times to run-on sentences and disambiguation such as the one at hand.

[15] See also the online discussion here.
[16] “Ha-Sinonomyah bi-Leshon ha-Mikra al Pi Shitat Malbim,” (unpublished doctoral dissertation, Bar Ilan University, 2009).
[17] See here where I mention how R. Yosef Reinman also didn’t know anything about Ibn Ezra’s “critical” views. In the post I also discuss the controversy regarding Reinman co-authoring a book with a Reform rabbi. In the introduction to his Avir Yosef (Lakewood, 2008), Reinman defends himself.



On the Plagiarism of a Tach-ve-Tat Chronicle

On the Plagiarism of a Tach-ve-Tat Chronicle

During this period, between the 17th of Tamuz and the 9th of Av, there is an increased focus upon various historical calamities that befell the Jewish people. Jewish history is unfortunately replete with such examples. Some instances have spawned specific days of commemoration while others have produced whole bodies of literature. And, while the literature surrounding these events is diverse, covering liturgy, poetry, history, we focus on one type: the chronicle. Additionally, our focus is the Chmielnicki Massacres, or Gezerot Tach ve-Tat. The Hebrew refers to the dates – 1648-49 – when the majority of Jew-killing took place. While these events took place hundreds of years ago, its effects including the total number of Jews killed is still being debated by scholars. (See Jits van Straten, “Did Shmu’el Ben Nathan and Nathan Hanover Exaggerate: Estimates of Jewish Casualties in the Ukraine During the Cossack Revolt in 1648,” Zutot 6:1 (2009), 75-82, calling into question the lower estimates of Shaul Stampfer, “What Actually Happened to the Jews of Ukraine in 1648?” Jewish History 17:2 (May 2003), 207-27.)
The most well-known chronicle describing the events is that of R. Nathan of Hanover, Yaven Metzulah. There is an English translation of Hanover’s work, Abyss of Despair, translated by R. Abraham J. Mesch. The translation includes a “traditional drawing of Maharsha.”
While it is not noted, this illustration, that has Maharsha with long flowing hair first appears in the Vienna, 1814 edition of the Maharsha’s commentary (vol. I, vol. II). While Mesch indicates this is the “traditional drawing” we know of no earlier instance than the Vienna edition. This was not the only Vienna edition that includes a questionable portrait. The 1804 Vienna edition of R. Yitzhak Alfasi’s Halakhot also includes a portrait that is claimed to be R. Alfasi. Again, we know of no earlier evidence that would confirm such a rendering.
A collection of these chronicles was published most recently Gezerat Tach ve-Tat, Jerusalem, 2004. Additionally, Joel Raba, Between Remembrance and Denial, Columbia Univ. Press, 1995, discusses these chronicles as does the collection of articles that appears in the journal, Jewish History 17:2 (May, 2003).
We turn our attention, however, to a lesser known work from this period, Tzok ha-Itim. Tzok was actually the first chronicle regarding the 1648-49 events published. It was first published in Krakow, 1650 (link). Indeed, some have argued that Hanover relied heavily on Tzok in compiling Yaven Metzulah (first published in 1653).
Tzok was republished in Constantinople in 1652. This edition is exceedingly rare. According to Ya’ari, there is but one complete copy extant. (See Ya’ari, Kiryat Sefer, (16) 1939-40). This edition was published by R. Shmuel ben R. Shimson who on his way to Israel after fleeing the massacres. At the end of the book he includes a dirge (kinnah) about the events. He also penned his own introduction which describes his own suffering. He says that “I am the only remaining survivor in my family as the rest were killed sanctifying god’s name . . . although I was spared . . . my wife and children I buried, I lost all of my possessions . . . .” He explains that “all I wanted was to dwell in the bet midrash and therefore I decided to travel to Jerusalem” and that while he was on his journey he came across Tzok and decided to reprint it in Constantinople “so that what has occurred shall not be forgotten.” (Ya’ari, Mechkerei Sefer, Jerusalem, 1958 p. 16 reprints the entire introduction, he also provides other accounts of people, who, on their way to Israel, issued works related to 1648-49 massacres.)
Tzok was then reissued in Venice in 1656.
The first two editions list R. Meir ben Shmuel of Szczebrzeszyn as the author. The 1656 edition, however, lists a completely different author, R. Joshua ben David of Lemberg. It is not only on the title page that a different author is listed. The work itself is not composed as traditional narrative. Instead, it is written in verse. The first verses in all the editions spell out the author’s name in an acrostic. Thus, the 1650 and 1652 editions have an acrostic that spells out R. Meir of Szczebrzeszyn’s name while the 1656 edition acrostic spells out R. Joshua’s name. In some instances words are added to create the “new” acrostic, while in other instances, the highlighted letters are changed.
Here is the introduction to the Constantinople edition:
And here is the introduction to the Venice edition:
As an aside it is worth noting that this is not the only time a plagiarizer has been forced to change the acrostic to hide his stolen goods. (See Kitvei Pinchas Turburg, ed. A. R. Malachi, 24-36 for additional examples of acrostic changes, and see this earlier post discussing similar changes to hide the identity of the true author, and see this post where the plagiarizer was caught in the act and forced to admit his guilt and apologize). Additionally, at least in one instance the acrostic was able to demonstrate authorship. In the Siddur Bet Ya’akov (although attributed to R. Y. Emden, this siddur contains numerous additions as compared to R. Emden’s actual siddur called Ammudei ShamayimSha’arei Shamayim; this is one of them) the Belzer Rebbe asserts that the author of the zemer Yom Shabbat Kodesh Hu had his song stolen. He came across the plagiarizer and challenged him to prove authorship. Specifically, the real author showed that his name, Yonatan, could be seen in the acrostic, and with this he vanquished the thief. R. Emden uses this story to explain the meaning behind the final verse which loosely translated as “all the talk [about authorship] should [now] end now that I have enlarged the song [and demonstrated my authorship] . . . and that no one should ever steal from me as this song is my property.”
An example where the acrostic actually has the opposite effect, obscuring the original author is also a zemer, Yom Zeh le-Yisrael. At times, this song can be confusing depending upon which bencher one is using. This so, because some version have a shorter version while others have a longer ( see here for example). Some argue that the two versions are indicative of two authors, one, the original author which only spelled out Yitzhak (and then lamed vav) to which all the other verses were added, now spelling Yitzhak Luria Hazak. (Regarding this zemer see Naftali ben Menachem, Zemirot shel Shabbat, Israel, 1949, 144-45; I. Davidson, Thesaurus of Mediaeval Hebrew Poetry, Ktav, 1970, vol. II, 348.)
Returning to Tzok, because the acrostic lends support for either author, some didn’t know who the “real” author was. In the 1890s, a number of these chronicles regarding bad events in Jewish history were collected and published under the title Le-Korot ha-Gezerot ‘al Yisrael by C. Gorlin. Included is Tzok. But, instead of a traditional introduction, he prefaces Tzok with a section “Who is the real author?” Gorlin argues that the real author is indeed R. Meir and not R. Joshua. This is not the first time that there is some confusion regarding who is the real author and who is the thief, for another example see here and for another example of modern day plagiarism see here.
With regard to the Constantinople edition, Ya’ari demonstrates that this edition is better than the first, in that many of the typos and the like have been corrected. Unfortunately, perhaps due to its rarity, the 2004 edition of Tzok relies upon the 1650 edition and not the better 1652. Additionally, the 1652 edition is one of the works published by a convert. Of course, this is probably what first got Ya’ari interested as he provides a bibliography of works published by converts.
It should be noted that Tzok was rather popular even if it is no longer. When R. David ha-Levi Segal, author of the commentary on Shulhan Orakh, Turei Zehav, sent a delegation to the false messiah, Shabbatai Tzvi, when the delegation entered, they record that Shabbatai Tzvi had a copy of Tzok on the table. (See G. Scholem, Sabbati Sevi, Princeton Univ. Press, 1976, p. 623 quoting Leib Ozer, Sippurei Ma’ashi Sabbati Tzvi, p. 81 and Sefer Tziz Nobel Tzvi, ed. I. Tishby, pp. 77-79.)
Finally, we note that the most recent edition, the 2004 op. cit., uses the Krakow first edition, even though Ya’ari has already shown that the rare Constantinople edition corrected numerous errors that appear in the Krakow edition.



Kosher Tube: TV Series on the 13 Principles

TV Series on the Thirteen Principles
by: Marc B. Shapiro
My next post will, God willing, appear after Pesah (in three parts). In the meantime, I wanted to let readers know about the thirteen episodes of a show focusing on the Thirteen Principles. It is called Credo 13 and you can find it here.
It appeared on Canadian television and “stars” myself, David Novak. Benjamin Hecht, Shalom Carmy, Eliezer Breitowitz, Mayer Schiller, and Leib Tropper. (If you can’t tolerate, or figure out, the game played by the girls in the show, just fast-forward through that section. Also, for some reason the quality of parts 10-13 is not perfect).
I was very impressed with the speakers, in particular Rabbi Breitowitz. Unlike the others, I had never heard of him, and found him to be a very insightful and really wonderful member of the “team”. The one weak link, in my opinion, was Leib Tropper, and I say this without any connection to recent events. Apart from the fact that he speaks as if he is talking to yeshiva bochurim rather than the larger community, there are times when he is simply wrong. For example, what he says in part 8 about the text of the Torah is based on a misunderstanding, and contrast what he says with the perceptive comments of Schiller and Hecht.
On this topic, in my book I cited a number of examples of authors who have no knowledge of the history of the Torah text[1] (or perhaps they do have knowledge, but are consciously engaged in the creation of a religious myth). A recent example of this is R. Ezriel Tauber, Pirkei Mahashavah al Yod Gimel Ikarei ha-Emunah (Jerusalem, 2008). This is what he says regarding the text of the Torah (p. 206):
עינינו הרואות כי מסורת זו נשמרה בישראל עד לימינו. ואף על פי שכלל ישראל התפזרו לארבע כנפות הארץ, בכל אופן כל ספרי התורה של כל העדות בכל התקופות ובכל המקומות הם בנוסח אחיד, והם זהים. זוהי תופעה מופלאה מאד שלאחר העתקות כה רבות וטלטולים נותרו כל ספרי התורה באותו נוסח.
What is one to make of such a statement? Can it be that Tauber really knows so little about this matter? Is he ignorant of a number of famous talmudic passages, of numerous teshuvot of rishonim and aharonim that deal with differences in Torah texts, of the famous comment of R. Akiva Eger? Does he not know anything about the Masoretes, and the work of Rambam, R. Meir ha-Levi Abulafia, R. Menahem Lonzano, and R. Yedidiah Solomon Norzi to establish a correct text? Does he not know that as we speak, the Yemenite text is not identical to the Ashkenazic and Sephardic texts?
I don’t for a minute think that Tauber, who is a very learned man, is ignorant of any of this. In fact, elsewhere in his book one finds a different perspective (p. 215):
בכל תפוצות ישראל אין הבדל משמעותי בין ספרי התורה
Is there any way to explain what Tauber is doing other than assuming that in the first passage I cite he is creating a religious myth, but his true opinion is reflected in the second passage?
Perhaps another example of his creation of a religious myth is the following comment, which is designed to illustrate the universal nature of Jewish observance despite the myriad of details in halakhah (p. 216):
אם באנו למנות את כל הדינים וההלכות הכלולים בזוג תפילין, נגיע לכשלושים אלף הלכות!
Correct me if I’m wrong, but it seems to me that this can only be read as לשון גוזמא , in other words, designed to impress and inspire, rather than being factual. Rashbam states (Pesahim 119a):
משוי שלש מאות: לאו דוקא וכן כל שלש מאות שבש”ס
R. Zvi Hirsch Chajes brings a bunch of other talmudic examples where the number 300 is used in an exaggerated fashion.[2] I think we can say the same thing about the number 30,000 in Rabbi Tauber’s book.
With regard to the text of the Torah, in Limits, p. 97 n. 41, I discussed the different readings of the word דכא vs. דכה in Deut. 23:2. I stated that Ashkenazim and Sephardim read it with a heh and Yemenites read it with an aleph. This is also how the matter is described in the responsum of R. Ovadiah Yosef that I refer to in this note. Yet matters are actually more complicated than this. R. Chaim Rapoport informs me that the Chabad practice is to write with an aleph. Furthermore, there was also an old Ashkenazic minhag to write it with an aleph.[3]
Right before I was going to post this, S. of On the Main Line asked me if I could make sense of a sentence that appeared in a Yated Neeman article entitled “Letter by Letter: The Story of the Romm Publishing House and the Vilna Shas”, available here.
The strange sentence reads: “The first manuscript that the Romm family obtained was Rabbenu Chananel’s commentary which now appears alongside the gemora on many masechtos. The manuscript was kept in the Vatican archives but it had not been well preserved. The pages were very worn and were marked by rust stains, while the edges of the sheets had been eaten away. Moreover, the commentary was written in Latin characters, which made deciphering and copying it much harder.”
One doesn’t need to be an expert in Hebrew manuscripts to realize that this is real howler. But S. wondered where they got got the idea that R. Hananel’s commentary was written in Latin characters. Before I was able to examine the matter carefully, Dan replied with the answer. The whole article is taken (and censored) from an earlier article by Shmuel Shraga Feigensohn,[4] as Dan has already shown. See here. As for the information about the Latin characters, Dan points to this passage
בראשית שמנו לבנו להעתיק כתב יד פירושו של רבנו חננאל בר חושיאל ז”ל (מימי המאה השמינית לאלף החמישי) על מסכתות רבות מתלמוד בבלי שנמצאו באוצר הספרים שבוואטיקאן ברומי והכתב הוא באותיות רש”י בצורות איטאליאניות [נוסח איטלקי] אשר רוב ישראל בזמננו לא כהלין כתבא דא למקריה
What this mean is that the manuscript was written in the Hebrew script popular in Italy, which was not easy for non-Italians read. The anonymous person who wrote this article thought that this referred to Latin characters! (Rashi letters in Latin characters!)
When reading this passage I was reminded of another error, this time not by an anonymous Yated writer, but, bi-mehilat kevodo, by Rabban shel Yisrael, R. Moses Isserles. In his responsa, no. 128, he suggests that Rashi’s commentary to the Torah was written in the vernacular, which I assume means French, and only later translated into Hebrew. It is a mystery how he came up with this bizarre idea. R. Asher Siev, in his edition of the responsa, writes about Rama’s suggestion:
השערה תמוהה ומיוסדת על סברת עצמו ולא על שום בסיס היסטורי או עובדתי
In the subsequent responsum, no. 129, R. Samuel Katzenellenbogen writes to Rama:
והס שלא להזכיר שפירוש רש”י לא נעשה בלשון הקדש כאשר כתב אדוני
As I noted in an earlier post, it is possible to find at least one strange idea in even the greatest of our sages.

Notes
[1] I neglected to cite Yosef Reinman, who writes as follows in One People, Two Worlds, p. 119:

[A]n examination of Torah scrolls from all over the world, from Ireland to Siberia to isolated Yemen, all handwritten by scribes, yielded just nine instances of one-letter spelling discrepancies. Nine! And none of them affect the meaning of the text. Why is this so? Because every week we take out the scrolls and read them in public. The people follow the reading closely and if something is wrong, they are quick to point it out.

Unfortunately, Reinman doesn’t realize that it was the invention of printing that unified Torah texts by creating a standard version that soferim could have access to and be guided from. Printed humashim also enabled people listening to the reading to point out errors. Yet let us not forget that most of the differences in Torah scrolls have concerned male and haser. Contrary to Reinman’s implication in his last sentence, there is no way for the people following the reading to catch such an error.
I also must point out that Reinman’s first sentence is an egregious error, and one doesn’t need to go to Ireland or Siberia to prove this (and, of course, no one has ever performed such an examination). If one simply takes fifty Torah scrolls from Lakewood one will find all sorts of discrepancies. I know this because the people who check sifrei Torah by computer claim that the overwhelming majority of scrolls they check, including those that have been in use for decades, have contained at least one error. In other words, contrary to what Reinman is statng, the truth of Torah does not rise or fall because of scribal errors. If it did, then we would be in big trouble because as I just mentioned, almost every Torah scroll in the world has discrepancies. What Reinman doesn’t seem to get is that while contemporary halakhic authorities are in dispute about only nine letters, this has nothing to do with the quality of actual Torah scrolls, which are obviously subject to human errors by scribes.
For the information on errors in Torah scrolls, including eye-opening pictures, see Kolmos, Elul 5748. Here is part of R. Shmuel Wosner’s letter quoted on p. 7
עכשיו שנכנס עבודת הקאמפיוטער בזה למסלולו, ונתברר על ידו לתמהון לבב כולנו, שמבערך ששים ספרים, ס”ת שהיו בחזקת בדוקים יצאו רק תשע ספרים נקיים מכל שגיאה וברובא דמינכר מאד נמצאו שגיאות פוסלות לרוב. וכן בדידן הוי עובדא בס”ת שנכתב ע”ש תלמידים גדולים וצדיקים שנספו בעו”ה, נמצאו ה’ טעיות ממש בחסר ויתר
[2] Mavo ha-Talmud, ch. 30 and his comment to Sotah 34a. For more on rabbinic exaggerations when it comes to numbers, see R. David Yoel Weiss, Megadim Hadashim (Jerusalem, 2008), Berakhot 51b.
[3] For details, see R. Yaakov Hayim Sofer in Mekabtziel 35 (Tishrei 5769), p. 124; R. Avihai Yitzhak, Masoret Teman be-Of (Zichron Yaakov, 2009), pp. 188ff.
[4] Yahadut Lita (Tel Aviv, 1959), vol. 1, pp. 268-296. See also Feigensohn’s Aharit Davar, at the end of the Romm ed. of Nidda.

Update from Dr.Ezra Chwat of the Giluy Milta B’alma blog:
R’ Hananel in the Vilna edition employed three manuscripts. Vatican 126/128 covers all of Moe’d. The missing pages at the beginning of 126 (Yoma 2-8) are also missing in print. This is in a clear, undamaged Ashkenazic square hand, perfectly legible even to laymen. More on Vatican 126/128 here: http://nli.org.il/imhm/vaticanhebmss.pdf Pages 91-92. Bava Qama and Bava Metzia are from London BL Add. 27194 (cat. 408), as both include only BQ 2-37 and BM 2-51. This is manuscript slightly less legible. The rest of Neziqin is from Rome, Angelica (not Vatican) 83. The censor’s erasure of 4 lines on fol. 100 (on Sanhedrin 43b), is described in respective daf in Vilna, in the editors footnote. Had the Vilna editors used the BL copy mentioned above, which continues to the end of Nezikin (except for Horiyot), they would not have omitted the page on Sanhedrin 18, which is missing from Angelica (between fols. 81-82), nor the missing line on Sanhedrin 43a, both are copied in BL. This is in Italian semi-cursive hand, slightly more difficult than the others. More on the uncensored Talmud and R’ Hananel on Sanhedrin 43 (of particular interest to Daf yomi participants, coming up, how hauntingly appropriate, this Shabbat Hagadol)Here: http://imhm.blogspot.com/2010/03/blog-post.html