Chullin 113b~ Gender Fluidity, Male Lactation and Mordechai

Baby mil bottle.jpeg

Milk Producing Male Goats of The Talmud (MPMGOTT)

In the one-page-a-day of Talmud (Daf Yomi) cycle we are currently learning about the prohibition of cooking meat and milk together. There are several teachings that are derived from the three places in the Torah where we read “You shall not cook a kid in its mother’s milk” (לא תְבַשֵּׁל גְּדִיח בַּחֲלֵב אִמּוֹ) Here is one of them, attributed to Shmuel that we read yesterday:

חולין קיג, ב

בחלב אמו” ולא בחלב זכר

“…In its mother’s milk” indicates that one is not liable for cooking meat in the milk of a male goat

A male goat that grows udders and produces milk? Here is how the great exegete Rashi (1040-1105) explains the Talmud:

ולא בחלב זכר - שהיה לו חלב מועט מן הדדים כגון אם נשתנה והיו לו דדים

“And not in the milk of a male goat”: This means that there was a small amount of milk from the udder. For example if the male goat changed and grew udders.

To understand what on earth is going on here, we need to take a detour into the strange world of biologic gender fluidity. So strap in and here we go.

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Fish

In their helpful 2003 paper Group Sex, Sex Change, and Parasitic Males: Sexual Strategies Among the Fishes and Their Neurobiological Correlates (published, obviously, in the Annual Review of Sex Research) the authors note that there is “tremendous sexual diversity exhibited by fishes” Consider for example the clownfish, also known as the anemonefish. They are sequential hermaphrodites, and first develop into males. These colorful fish thrive unharmed in the poisonous tentacles of the sea anemone, and while several fish may live within the same anemone, there is only one pair that mate. Should the dominant egg-laying female die, one of the largest males steps up does what needs to be done. He changes into a female. This male-to-female change is called protandry. Other fish, like the sea wrasse, are all born female, and as the need arises change into a male. This trick is carried out in at least 500 species of fish, and is called protogyny.

Birds

The male Northern Cardinal (Cardinalis cardinalis) is a bright red color with a black mask over its beak and eyes. The female is a drab olive color, with a grey mask. In 2008 the ornithological world was rocked when a bird was sighted that was half-red and half-olive. Meaning it was half-male and half-female. The bird, sighted in the Black Hawk Forest Nature Preserve in northwestern Illinois, “was perched in a cockspur hawthorn tree.” Its right side was male, and its left, female. The cardinal evaded capture so it was not possible to analyze its genetic makeup. To be clear, this was not a bird that changed sex; it was one that appeared to be both sexes.

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Split sex Cardinal.jpg

Humans

We all should have been taught in school that our gender is determined by which sex chromosomes we receive. If we get two female chromosomes -XX- (one from mom and one from dad) we are female, and if we get one X from mom and a Y from dad -XY- we are male. But like all things, it’s a little more complicated than that. In the 1980s, British researchers discovered the sex-determining gene on a tiny bit of the male Y chromosome and named it the sry gene. That gene tells the body to develop into a male or female appearing body. Sometimes the sry gene sneaks off of the Y gene and makes its way into the DNA of an XX female. As a result, she will develop male anatomy while genetically remaining an XX female. (Please read that sentence again, just to be sure you have understood it.) And sometimes the sry gene on an XY genetic male can mutate and not work. In that case, the genetic male appears to have the organs of a female, which is what occurs in Swyer syndrome. (You can hear more about the amazing sex-changing effects of sry in this fascinating podcast.)

Ready for more? In a small community in the Dominican Republic there have been a number of cases in which little girls grow a penis and turn into little boys. (Again, please re-read that sentence.) These observations were first reported to the scientific community in 1974, and are caused by a deficiency of the steroid 5a-Reductase. Here is how the BBC explained what is going on when they reported about it in 2015.

When you are conceived you normally have a pair of X chromosomes if you are to become a girl and a set of XY chromosomes if you are destined to be male. For the first weeks of life in womb you are neither…Then, around eight weeks after conception, the sex hormones kick in. If you're genetically male the Y chromosome instructs your gonads to become testicles and sends testosterone to a structure called the tubercle, where it is converted into a more potent hormone called dihydro-testosterone. This in turn transforms the tubercle into a penis. If you're female and you don't make dihydro-testosterone then your tubercle becomes a clitoris…the reason [some genetic males] don't have male genitalia when they are born is because they are deficient in an enzyme called 5-alpha-reductase, which normally converts testosterone into dihydro-testosterone.

So the boys, despite having an XY chromosome, appear female when they are born. At puberty, like other boys, they get a second surge of testosterone. This time the body does respond and they sprout muscles, testes and a penis.

So there you have it. Little girls, brought up as little girls, turn into boys, who develop male genitalia, and live as men. You see, they were never really girls in the XX sense. They were XY boys whose lack of sex hormones caused them to look like girls. Which brings us to yesterday’s page of Talmud and the strange case of…

That male goat that produced milk

We have seen that there is great deal of natural gender fluidity in the animal world (and if for no other reason, this should make us more sensitive and understanding of those people who want to change their birth gender). But what about that milk-producing male goat? Well according to the website dedicated to “Goat Milk Stuff,” as bizarre as it seems, “there have even been bucks that have been known to give milk (yes, all bucks have teats, and no, a milking buck is not normal).” This was not a case of a male-to-female transformation. It was a case of male lactation.

Writing in the 13th century in his classic commentary on the Talmud called Bet Habechirah, Menachem ben Solomon Meiri, known as the Meiri(1249–1306) wrote that he had seen examples of male milk-producing goats:

בית הבחירה. מכון התלמוד הישראלי השלם.ירושלים, תשל׳ד 432

בית הבחירה. מכון התלמוד הישראלי השלם.ירושלים, תשל׳ד 432

There are a few male [goats] in whom the works of creation are slightly changed and whose nipples become larger such that they produce a little milk. And we have seen them with our own eyes...
— Meiri, Bet Habechirah Chullin, 432

So too, did Khalifa al Nuaimi, a shepherd in the United Arab Emirates: Here is the 2009 report from The National, a newspaper in the United Arab Emirates.

As one of his prized male goats trotted up for some feed, he noticed the animal had seemingly developed a large udder. While he could not quite believe his eyes, the luckless creature proceeded to produce milk on demand, much like his female companions in the pen.

The local farmer made the discovery four days ago at his goat pen in Masakin, a suburb of Al Ain, the government news agency, WAM, reported yesterday. The animal's male organs are said to have been pushed back by the udder, described as "big and bulky". Mr al Nuaimi got a half-litre of good-quality milk from the goat. Dr Martin Wyness, of the British Veterinary Centre in Abu Dhabi, said it was unusual but not unheard of for male mammals to produce milk. "It's absolutely possible," he said.

what may be happening

The structure of the cells involved in producing milk in the male goat has been studied using immunofluorescence and electron microscopy techniques. It turns out they are smaller but higher in number than those found in normal males, which suggests that the anterior pituitary gland, which controls their function is probably acting in a weird way.

Another explanation of the milk-producing male goats of the Talmud (MPMGOTT) is that it is linked to estrogen-like compounds in the plants upon which they were feeding.

“It is now known that more than 50 plant species contain estrogen mimics known as phytoestrogens. Although the mechanisms are not completely understood, several plant secondary metabolites…can mimic the effects of steroidal estrogens. These non-steroidal compounds have similar overall structures or active sites as natural steroidal estrogen and can compete for binding sites on estrogen receptor proteins. Thus, plant compounds can have effects similar to endogenous estrogens”

This comes from an intriguing 2008 paper, Male lactation: why, why not and is it care? published in Trends in Ecology and Evolution. It points out that there are other mammalian species in which the male has been known to lactate, including sheep, rats, free-ranging Dayak fruit bats in Malaysia and the masked flying fox bats of Papua New Guinea. Male lactation was also recorded “in World War II prisoner of war camps when malnourished detainees were later liberated and provided with adequate nutrition. During the period of limited food supply, the prisoners suffered liver, testicular and pituitary atrophy” which messed things up. Once fully nourished, the lactation quickly ended.

But whatever the cause, Shmuel was neither drunk nor hallucinating when, in this page of Talmud, he claimed that male goats can produce milk. Because sometimes they do.

mordechai lactating on demand

Male lactation. It’s not just for goats and bats. Human males might do it too. Here is a story told in the Talmud (Shabbat 53b) and knowing what we now do, perhaps it not as fanciful as it might seem.

שבת נג,ב

מעשה באחד שמתה אשתו והניחה בן לינק ולא היה לו שכר מניקה ליתן ונעשה לו נס ונפתחו לו דדין כשני דדי אשה והניק את בנו

There was an incident where a man’s wife died, and she left him a son to nurse, and he did not have money to pay for a wet-nurse. And a miracle was performed on his behalf, and he developed breasts like the two breasts of a woman, and he nursed his son.

That’s a pretty impressive miracle, although it may seem a little less miraculous now that we understand so much about the role of the anterior pituitary gland. This father is not identified in the Talmud, but another lactating male is. And his name was Mordechai, the hero of the Purim story. In the Book of Esther (2:7) we read וַיְהִ֨י אֹמֵ֜ן אֶת־הֲדַסָּ֗ה - that Mordechai “raised” or “sustained” Esther. Let’s pickup the story in Beresheet Rabbah (30:8), compiled between 300 and 500 CE.

מָרְדְּכַי זָן וּפִרְנֵס, אָמַר רַבִּי יוּדָן פַּעַם אַחַת חִזֵּר עַל כָּל הַמֵּנִיקוֹת וְלֹא מָצָא לְאֶסְתֵּר לְאַלְתָּר מֵינִיקָה, וְהָיָה מֵינִיקָהּ הוּא, רַבִּי בֶּרֶכְיָה וְרַבִּי אַבָּהוּ בְּשֵׁם רַבִּי אֱלִיעֶזֶר בָּא לוֹ חָלָב וְהָיָה מֵינִיקָהּ. כַּד דָּרַשׁ רַבִּי אַבָּהוּ בְּצִבּוּרָא גָּחוֹךְ צִבּוּרָא לְקָלֵיהּ,

But did Mordecai really feed and sustain Esther? R. Yudan said: On one occasion he went round to all the wet nurses but could not find one for Esther, so he himself suckled her. R. Berekiah and R. Abbahu said in the name of R. Eleazar: Milk came to him and he suckled her [and he never even tried to find a wet nurse]. When R. Abbahu taught this publicly, the congregation laughed

They laughed. Of course they did. It sounded like Purim Torah. But it turns out to be theoretically possible, at least for a short time. Sometimes even Purim Torah is true.

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Chullin 105b ~ The Healing Effects of Alcohol

חולין קה, ב

לכרסם דחמרא שיכרא דשיכרא מיא דמיא לית ליה תקנתא והיינו דאמרי אינשי בתר עניא אזלא עניותא

The treatment for catarrh caused by the foam of wine is beer; the treatment for catarrh caused by the foam of beer is water; and for catarrh caused by the foam of water there is no remedy. And this is in accordance with the adage that people say: Poverty follows the poor. [Not only does a pauper have nothing to drink other than water, but there also is no treatment for the disease caused by his beverage.]

Beer and Health image.png

In today’s page of Talmud we read that the disease known as karsom (כרסם) was caused by the “foam” that floats above wine, beer or water. Karsom is translated by the Soncino, Koren and ArtScroll Talmuds as catarrh, that green phlegmy discharge from our noses and mouths when we come down with a heavy cold. In his dictionary, the great philologist of rabbinic literature Marcus Jastrow notes that there is another spelling of the word, barsom, (ברסם) “a dripping like balsam, whence catarrh of the head.” And Rashi describes it as “nasal mucus” (רירין הבאין מן החוטם). In any event, the cure for one type of this mucus was beer, which raises the question - can ingesting alcohol cure disease?

We are not going to examine the ongoing debate as to whether a regular glass of wine is good for you or not. At best the evidence is mixed, with any positive effects being highly dependent on not drinking “too much.” Alcohol may be cardioprotective, but only at a moderate dose and frequency of ingestion. On the other hand, even at a low dose, alcohol does some pretty terrible things to your immune system and ability to repair damaged tissue.

...even after a single acute or binge exposure, alcohol leads to tissue damage. In gastric mucosa and in bone, alcohol exposure alters basic signaling processes. In the repair of skin damage following injury or surgery, alcohol disrupts signaling in a broader context, in multiple tissue types. The derangement of the inflammatory response by alcohol leads to altered cytokine and chemokine production by multiple cell types and this, in turn, influences the responses of other cell types.
— Jung et al. Alcohol Exposure and Mechanisms of Tissue Injury and Repair. Alcohol Clin Exp Res. 2011 ; 35(3): 392–399.
Habitual light to moderate alcohol intake (up to 1 drink per day for women and 1 or 2 drinks per day for men) is associated with decreased risks for total mortality, coronary artery disease, diabetes mellitus, congestive heart failure, and stroke. However, higher levels of alcohol consumption are associated with increased cardiovascular risk.
— O'Keefe et al. Alcohol and Cardiovascular Health: The Dose Makes the Poison...or the Remedy. Mayo Clin Proc.2014;89(3):382-393.

Alcohol has been used as a medicine for over 5,000 years and when the alternative was drinking water contaminated with bacteria, alcohol provided a safer (and certainly more enjoyable) way to remain hydrated, since it is a natural antiseptic. Juniper essential oil for example, which is obtained from Juniper berries is both antimicrobial and antifungal. It is also an essential ingredient of gin. “Juniper is such an important aspect of gin” we learn on this useful website, “that quite literally, it is not only the primary botanical used in gin but by law, it needs to be the predominant flavour in anything seeking to be classified as gin.”

alcohol and the discovery of the cause of CHolera

In the 1850s, London (and much of Europe) suffered a series of cholera outbreaks, and no-one knew what caused them. But John Snow (1813-1858), anesthesiologist to Queen Victoria had a hunch. He drew a map of the deaths around the Broad Street pump, which, he suspected was somehow involved in transmitting whatever it was that was spreading the disease.

 
Snow map detail.png
 

There were a large cluster of deaths in the immediate vicinity of the Broad Street Pump; that made sense if the pump was supplying contaminated water. However, there were far fewer deaths than would be expected at the brewery, which lay at the corner of Broad Street and Hopkin Street. Snow dug deeper, and this is what he found:

 
John Snow. On the Mode of Communication of Cholera. London, John Churchill 1855. p42.

John Snow. On the Mode of Communication of Cholera. London, John Churchill 1855. p42.

 

The men had been saved by their allotted drinks of beer, which came from a separate well and not from the one on Broad Street. This explanation did much to bolster Snow’s suspicions. On September 8, 1854 he famously removed the pump handle which prevented the pump from being used and, so the story goes, the cholera epidemic was averted.

Alcohol and Influenza

The Talmud had suggested wine would fight some infections. In the last century physicians had a similar idea. In 1913 in New York, a physician named John Hopkirk published a small book: Influenza. Its History, Nature, Cause and Treatment. To cure some of the many complications of influenza (including pneumonia and otitis media) Hopkirk wrote that “it will always be necessary…to administer port or champagne…there is no finer pick-me-up after an attack of influenza than good “fiz”.” During the Great Flu Epidemic of 1918 a few years later, physicians reverted to a similar strategy. Writing in the London Times on November 1, 1918, Britain’s chief medical officer had limited advice: wear small face masks, eat well, and drink a half bottle of light wine.

Purim

When celebrating the festival of Purim, the Talmudic sage Rava recommends (Megillah 7b) that a person drink until they are so inebriated that they cannot distinguish between the phrases “cursed is Haman” (the enemy of the Jews), and “blessed be Mordechai” (one of the key figures in their salvation). Perhaps in doing so, we can remain sober enough to remember that from the time of the Talmud until today alcohol was thought to prevent and cure all manner of disease. But only in moderation.

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Chullin 104b ~ Mordechai, Plagiarism, and the Lips of the Dead

We read the following in today’s Daf Yomi, the one-page-a-day study cycle of Talmud:

חולין קד,ב
כל האומר דבר בשם אומרו מביא גאולה לעולם, שנאמר (אסתר ב), ותאמר אסתר למלך בשם מרדכי

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...”

From here, so not plagiarized.

From here, so not plagiarized.

Plagiarism, it seems, has never been so popular.  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 in 2014 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. It's not just for authors and politicians. Scientists do it too. In the last three years alone, Retraction Watch has reported that hundreds of papers were retracted because of plagiarism. In fact plagiarism has become so pervasive in academia (and the need to report it has become so important) that a paper in Ethics & Behavior outlines advice for academics considering becoming plagiarism whistleblowers. 

This  seems to be a very good era in which to remind ourselves - and our students - that the full and proper attribution of the work of others is a core Jewish value. 

Sadly, Jewish literature has a many examples of plagarism, improper attribution, and other infractions of publication etiquette.  We are going to look at four of these. They are all 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 elsewhere, 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:  אוי לבנים שבעונותיהם החרבתי את ביתי ושרפתי את היכלי והגליתים לבין אומות העולם

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 addes a footnote explaining the metaphorical meaning of this erroneous text!

 
Schottenstein Talmud, Mesorah Publications, Berachot 3a

Schottenstein Talmud, Mesorah Publications, Berachot 3a

 

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" - as we will learn below.

 Now on to more egregious issues - hard core plagiarism.

 2.  Plagiarism in part

Sometimes another author says it just right, and uses language in so perfect a way that others will want to claim it as their own.  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) adopted a hard-core 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. 

Screen Shot 2014-12-28 at 9.50.13 AM.png

If it is as Copernicus has written, and the earth circles the sun at great speed from west to east, it would be the case that a stone which falls to the ground from the top of a high tower on its western side should not land exactly at the foot of the tower but rather should come to rest slightly to the west of the tower. For while the stone is in free-fall, the earth together with the tower have moved in orbit to the east, by three and two-thirds parsa’ot. Yet we see with our own eyes that this does not occur. Rather the stone falls and comes to rest precisely at the foot of the tower.

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 plagiarism here, and more about Sefer Haberit in my book, and in this excellent book from David Ruderman)

Well, you say, that's not quite right. But it's not too bad either. Well, here comes full, unadulterated plagiarism.

 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 Oppenhiemer, living in Prague, stole from it.

Oppenheimer (1753-1851 -and definitely not this Oppenheim(er)) 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 poem as if it had been written to him. However, the poem was a dedication to the real author Linda - from Naphtali Herz Wessely.  Oy.

Had enough of Rabbi Oppenheimer? There’s more.  When it came to plagiarism, this Rabbi Oppenheimer was a repeat offender, (enough perhaps to earn a special mention in a Jewish Retraction Watch).  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 a random example so you can see  the scale of the plagiarism.

מעלת המדות, 1556

מעלת המדות, 1556

נזר הקודש 1831

נזר הקודש 1831

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

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

 

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 - a poem that had originally been written by Naphtali Herz Wessely in praise of Lindau’s Reshit Limmudim.

4.  Incomplete quotation of a passage

Our last example of plagiarism and citation misuse is again from the ArtScroll publishers, though this time it’s a little more serious than their using a censored manuscript of the Tamud. This time Artscroll is itself the censor.

In their new edition of the Mikra’ot Gedolot, (or, as they call it, Mikra'os Gedolos) the editors have censored an entire passage from the commentary of the great eleventh century French scholar Shmuel ben Meir, known as the Rashbam, without any indication that they have tampered with the text. In a famous passage, Rashbam claimed that – contrary to normative Jewish thought, the twenty-four hours of the Jewish day should begin at sunrise, and not after sunset, as is our practice.  This antinomian position seems to have been too much to share with its readers, so ArtScroll just expunged it.

Here is the Rashbam as it appears in the new ArtScroll edition:

חומש מקראות גדולות בראשית. ארטסקרול–מסורה 2014. The red arrow indicates censorship of the Rashbam.

חומש מקראות גדולות בראשית. ארטסקרול–מסורה 2014. The red arrow indicates censorship of the Rashbam.

And here is the original text of the Rashbam with the censored text in bold.

ד) וירא אלהים את האור - נסתכל במראהו כי יפה הוא. וכן ותרא אותו כי טוב הוא, נסתכלה במשה שנולד לששה חדשים כמו שמואל לתקופת הימים וראתהו כי טוב ויפה הוא שנגמרו סימניו וצפרניו ושערו, ותצפנהו שלשה ירחים, כלו' עד סוף ט' חדשים שהרי ראתהו וידעה  שהוא טוב ויפה בסימנים, שאינו נפל

ויבדל אלהים בין האור ובין החשך - שי"ב שעות היה היום ואח"כ הלילה י"ב. האור תחלה ואח"כ החשך. שהרי תחלת בריאת העולם היה במאמר יהי אור. וכל חשך שמקודם לכך דכת' וחשך על פני תהום לא זהו לילה

ה) ויקרא אלהים לאור יום - תמה על עצמך לפי הפשט למה הוצרך הקדוש ברוך הוא לקרוא לאור בשעת יצירתו יום? אלא כך כתב משה רבינו, כ"מ שאנו רואים בדברי המקום יום ולילה כגון יום ולילה לא ישבותו, הוא האור והחשך שנברא ביום ראשון, קורא אותו הקדוש ברוך הוא בכ"מ יום ולילה. וכן כל ויקרא אלהים הכתובים בפרשה זו. וכן ויקרא משה להושע בן נון יהושע, האמור למעלה למטה אפרים הושע בן נון, הוא אותו שקרא משה יהושע בן נון שמינהו קודם לכן משרתו בביתו, שכן דרך המלכים הממנים אנשים על ביתם לחדש להם שם כמו שנאמר ויקרא פרעה שם יוסף צפנת פענח, ויקרא לדניאל בלטשצר וגו'

ולחשך קרא לילה - לעולם אור תחלה ואח"כ חשך

ויהי ערב ויהי בקר - אין כתיב כאן ויהי לילה ויהי יום אלא ויהי ערב, שהעריב יום ראשון ושיקע האור, ויהי בוקר, בוקרו של לילה, שעלה עמוד השחר. הרי הושלם יום א' מן הו' ימים שאמר הק' בי' הדברות, ואח"כ התחיל יום שיני, ויאמר אלהים יהי רקיע. ולא בא הכתוב לומר שהערב והבקר יום אחד הם, כי לא הצרכנו לפרש אלא היאך היו ששה ימים, שהבקיר יום ונגמרה הלילה, הרי נגמר יום אחד והתחיל יום שיני

This censorship of the Rashbam is not unique to ArtScroll. It exists in other standard printings of Mikra'ot Gedolot, like this one from Machon Hama'or, (Jerusalem 1990), although not in the Torat Chaim from Mossad Harav Kook.

Marc Shapiro, who brought this to the attention of Jewish world, has called for ArtScroll to give a full refund to any one who purchased these censored copies. And he is absolutely correct. A recent academic editorial noted that improper quotation is a type of plagiarism; like complete plagiarism, this selective quotation strips ownership away from the original author, and leaves in its wake a text never intended.  

THE need for recognition

In his 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 this Mishnah taught:

אמר רבי יוחנן משום רבי שמעון בן יוחי כל ת”ח שאומרים דבר שמועה מפיו בעולם הזה שפתותיו דובבות בקבר

Rabbi Yochanan said in the name of Rabbi Shimon bar Yochai: The lips of a [deceased] scholar move in the grave when their teachings are said in their name.
— Yevamot 97a

[Mostly a repost (so not self-plagiarism) from here.] 

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Chullin 104b ~ Mordechai, Plagiarism, and the Lips of the Dead

We read the following in today’s Daf Yomi, the one-page-a-day study cycle of Talmud:

חולין קד,ב
כל האומר דבר בשם אומרו מביא גאולה לעולם, שנאמר (אסתר ב), ותאמר אסתר למלך בשם מרדכי

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...”

From here, so not plagiarized.

From here, so not plagiarized.

Plagiarism, it seems, has never been so popular.  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 in 2014 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. It's not just for authors and politicians. Scientists do it too. In the last three years alone, Retraction Watch has reported that hundreds of papers were retracted because of plagiarism. In fact plagiarism has become so pervasive in academia (and the need to report it has become so important) that a paper in Ethics & Behavior outlines advice for academics considering becoming plagiarism whistleblowers. 

This  seems to be a very good era in which to remind ourselves - and our students - that the full and proper attribution of the work of others is a core Jewish value. 

Sadly, Jewish literature has a many examples of plagarism, improper attribution, and other infractions of publication etiquette.  We are going to look at four of these. They are all 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 elsewhere, 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:  אוי לבנים שבעונותיהם החרבתי את ביתי ושרפתי את היכלי והגליתים לבין אומות העולם

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 addes a footnote explaining the metaphorical meaning of this erroneous text!

 
Schottenstein Talmud, Mesorah Publications, Berachot 3a

Schottenstein Talmud, Mesorah Publications, Berachot 3a

 

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" - as we will learn below.

 Now on to more egregious issues - hard core plagiarism.

 2.  Plagiarism in part

Sometimes another author says it just right, and uses language in so perfect a way that others will want to claim it as their own.  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) adopted a hard-core 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. 

Screen Shot 2014-12-28 at 9.50.13 AM.png

If it is as Copernicus has written, and the earth circles the sun at great speed from west to east, it would be the case that a stone which falls to the ground from the top of a high tower on its western side should not land exactly at the foot of the tower but rather should come to rest slightly to the west of the tower. For while the stone is in free-fall, the earth together with the tower have moved in orbit to the east, by three and two-thirds parsa’ot. Yet we see with our own eyes that this does not occur. Rather the stone falls and comes to rest precisely at the foot of the tower.

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 plagiarism here, and more about Sefer Haberit in my book, and in this excellent book from David Ruderman)

Well, you say, that's not quite right. But it's not too bad either. Well, here comes full, unadulterated plagiarism.

 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 Oppenhiemer, living in Prague, stole from it.

Oppenheimer (1753-1851 -and definitely not this Oppenheim(er)) 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 poem as if it had been written to him. However, the poem was a dedication to the real author Linda - from Naphtali Herz Wessely.  Oy.

Had enough of Rabbi Oppenheimer? There’s more.  When it came to plagiarism, this Rabbi Oppenheimer was a repeat offender, (enough perhaps to earn a special mention in a Jewish Retraction Watch).  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 a random example so you can see  the scale of the plagiarism.

מעלת המדות, 1556

מעלת המדות, 1556

נזר הקודש 1831

נזר הקודש 1831

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

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

 

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 - a poem that had originally been written by Naphtali Herz Wessely in praise of Lindau’s Reshit Limmudim.

4.  Incomplete quotation of a passage

Our last example of plagiarism and citation misuse is again from the ArtScroll publishers, though this time it’s a little more serious than their using a censored manuscript of the Tamud. This time Artscroll is itself the censor.

In their new edition of the Mikra’ot Gedolot, (or, as they call it, Mikra'os Gedolos) the editors have censored an entire passage from the commentary of the great eleventh century French scholar Shmuel ben Meir, known as the Rashbam, without any indication that they have tampered with the text. In a famous passage, Rashbam claimed that – contrary to normative Jewish thought, the twenty-four hours of the Jewish day should begin at sunrise, and not after sunset, as is our practice.  This antinomian position seems to have been too much to share with its readers, so ArtScroll just expunged it.

Here is the Rashbam as it appears in the new ArtScroll edition:

חומש מקראות גדולות בראשית. ארטסקרול–מסורה 2014. The red arrow indicates censorship of the Rashbam.

חומש מקראות גדולות בראשית. ארטסקרול–מסורה 2014. The red arrow indicates censorship of the Rashbam.

And here is the original text of the Rashbam with the censored text in bold.

ד) וירא אלהים את האור - נסתכל במראהו כי יפה הוא. וכן ותרא אותו כי טוב הוא, נסתכלה במשה שנולד לששה חדשים כמו שמואל לתקופת הימים וראתהו כי טוב ויפה הוא שנגמרו סימניו וצפרניו ושערו, ותצפנהו שלשה ירחים, כלו' עד סוף ט' חדשים שהרי ראתהו וידעה  שהוא טוב ויפה בסימנים, שאינו נפל

ויבדל אלהים בין האור ובין החשך - שי"ב שעות היה היום ואח"כ הלילה י"ב. האור תחלה ואח"כ החשך. שהרי תחלת בריאת העולם היה במאמר יהי אור. וכל חשך שמקודם לכך דכת' וחשך על פני תהום לא זהו לילה

ה) ויקרא אלהים לאור יום - תמה על עצמך לפי הפשט למה הוצרך הקדוש ברוך הוא לקרוא לאור בשעת יצירתו יום? אלא כך כתב משה רבינו, כ"מ שאנו רואים בדברי המקום יום ולילה כגון יום ולילה לא ישבותו, הוא האור והחשך שנברא ביום ראשון, קורא אותו הקדוש ברוך הוא בכ"מ יום ולילה. וכן כל ויקרא אלהים הכתובים בפרשה זו. וכן ויקרא משה להושע בן נון יהושע, האמור למעלה למטה אפרים הושע בן נון, הוא אותו שקרא משה יהושע בן נון שמינהו קודם לכן משרתו בביתו, שכן דרך המלכים הממנים אנשים על ביתם לחדש להם שם כמו שנאמר ויקרא פרעה שם יוסף צפנת פענח, ויקרא לדניאל בלטשצר וגו'

ולחשך קרא לילה - לעולם אור תחלה ואח"כ חשך

ויהי ערב ויהי בקר - אין כתיב כאן ויהי לילה ויהי יום אלא ויהי ערב, שהעריב יום ראשון ושיקע האור, ויהי בוקר, בוקרו של לילה, שעלה עמוד השחר. הרי הושלם יום א' מן הו' ימים שאמר הק' בי' הדברות, ואח"כ התחיל יום שיני, ויאמר אלהים יהי רקיע. ולא בא הכתוב לומר שהערב והבקר יום אחד הם, כי לא הצרכנו לפרש אלא היאך היו ששה ימים, שהבקיר יום ונגמרה הלילה, הרי נגמר יום אחד והתחיל יום שיני

This censorship of the Rashbam is not unique to ArtScroll. It exists in other standard printings of Mikra'ot Gedolot, like this one from Machon Hama'or, (Jerusalem 1990), although not in the Torat Chaim from Mossad Harav Kook.

Marc Shapiro, who brought this to the attention of Jewish world, has called for ArtScroll to give a full refund to any one who purchased these censored copies. And he is absolutely correct. A recent academic editorial noted that improper quotation is a type of plagiarism; like complete plagiarism, this selective quotation strips ownership away from the original author, and leaves in its wake a text never intended.  

THE need for recognition

In his 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 this Mishnah taught:

אמר רבי יוחנן משום רבי שמעון בן יוחי כל ת”ח שאומרים דבר שמועה מפיו בעולם הזה שפתותיו דובבות בקבר

Rabbi Yochanan said in the name of Rabbi Shimon bar Yochai: The lips of a [deceased] scholar move in the grave when their teachings are said in their name.
— Yevamot 97a

[Mostly a repost (so not self-plagiarism) from here.] 

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