Month: March 2014

Rabbi Yosef’s Surprising View on Plagiarizing

Posted on by Rabbi Michael Leo Samuel

The Jerusalem Post featured an unusual article about the Chief Rabbi of Holon Rabbi Avraham Yosef, the son of the late Sefardic-Haredi leader, Rabbi Ovadia Yosef. His son sits on the Israel Chief Rabbinate’s council and commands considerable influence in Orthodox politics in Israel and abroad.

In one of his Moreshet Orthodox website, somebody asked him the following question:

  • My friend needs to submit university work; she took the work from someone else and asked me to change the wording so that the work will not look like the same. Is it permissible for me to help my friend to re-word the work?” a woman asked.

Rabbi Yosef said that it is permissible to plagiarize and cheat. “[It is] permitted. And it is [fulfilling the] commandment of bestowing kindness, especially if she has a good command of the material,” Yosef ruled.[1]

There are several halachic problems with R. Yosef’s advice. The primary problem I wish to point out is the issue of ge’nei’vat da’at, which in Hebrew means, “stealing one’s mind,” which can easily apply to all forms of misrepresentation, taking credit for someone’s work. Anytime a person deliberately tries to create a mistaken assumption in the minds of others, this is considered a major breach of Jewish ethics and law. Arguably,ge’nei’vat da’at goes far beyond just lying. It is also a clear violation against bearing false witness—a law that is considered one of the most important of the Ten Commandments.

It is surprising that some medieval scholars thought this is only a rabbinical prohibition, but the verses pertaining to all forms of theft are well-known. In fact, the Tanakh even mentions the crime of plagiarism “See, therefore, I am against the prophets, says the Lord, who steal my words from one another” (Jer.  23:30). More seriously, Rabbi Yosef is misleading others to sin, which is arguably Judaism’s most cardinal sins and violates just about every biblical law pertaining to fraud and deception. [2]

Then again, there is a famous rabbinical dictum: R. Eleazar further said in the name of R. Hanina: Whoever reports a saying in the name of its originator brings redemption to the world, as it says, And Esther told the king in the name of Mordecai (Esther 2:22). [3]

The literal meaning of ge’nei’vat da’at in Hebrew is theft of one’s mind, thoughts, wisdom, or knowledge, i.e., fooling someone and thereby causing him or her to have a mistaken assumption, belief, and/or impression. Thus, the term is used in Jewish law to indicate deception, cheating, creating a false impression, and acquiring undeserved goodwill. Ge’nei’vat da’at goes beyond lying. Deliberately creating false impressions about one’s behavior is also subsumed in this prohibition—whether in words or in deeds.  The Tosefta reads:

There are seven kinds of thieves.

(1)   The first among them is the one who steals the minds of people.

(2)  He who urges his friend to come as his guest, but in his heart does not really wish to invite him.

(3)  One who excessively offers gifts to his friend, knowing that the latter will not accept them;

(4)  One who opens up barrels for another, that were sold to a shopkeeper;

(5)  Anyone who falsifies measures.

(6)  One who secretly pads scales . . .

(7)  Anyone who deceives people is called a thief, as it is written: “And Absalom stole the hearts of the men of Israel” (2 Samuel, 15:6).[4]

As a case in point, the sages believed that there are seven types of thieves and, of these, the most serious offenders is someone who “steals the minds” of people.

The Talmud  discusses the principle of ge’nei’vat da’at  and cites the 3rd century scholar named  Shmuel, who taught: It is forbidden to steal the mind of anyone, even idolaters.” [5] The Talmud observes that Shmuel never expressly stated such a law, but it was deduced from an incident in which his attendant duped a heathen ferryman. Scholars were not sure what exactly happened, but here is how the discussion went: One view asserts that Shmuel once told his attendant to give the ferryman a chicken and the latter thought he was getting a kosher chicken but was actually given one that was unkosher. Another opinion is that the ferryman thought he was receiving undiluted wine but was instead given diluted wine.[6]

The “Lemon Laws” of our country certainly have strong antecedents in biblical and rabbinical laws that demand personal integrity and moral excellence.

After the death of his father, the Israeli rabbinate considered him as a possible successor for his the Sephardic position of Chief Rabbi. However, when the police began Examining alleged issues involving a breach of trust, and other sundry ethical violations, they forced him to withdraw his candidacy. “Yosef was a candidate for Sefardi chief rabbi but his candidacy ended when police began investigating him for alleged breach of public trust and an illegal conflict of interest. Yosef allegedly coerced store and restaurant owners to get kosher supervision from a private kosher supervision company started by his late father and run by one of Yosef’s brothers” (JPost). [7]

So what can we deduce from all of this?

Shakespeare perhaps said it best:

“The devil can cite Scripture for his purpose.

An evil soul producing holy witness

Is like a villain with a smiling cheek,

A goodly apple rotten at the heart.

O, what a goodly outside falsehood hath!”

  • William Shakespeare, The Merchant of Venice, I, iii, 93);

When one examines the religious politics and chicanery in Israel today, we could also add, “The devil can cite Talmud, Halacha, Midrash, Hassidut and Kabbalah as well.”

When one considers the amount of fraud that is publicized on the Web involving kickbacks, racketeering, and other numerous criminal offenses, the Rabbi Yosef embarrasses his community as well as every non-Orthodox Jewish community. If we wish to become a light unto the nations of the world, then we had better start becoming a light to ourselves first.

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Notes

[1] http://www.jpost.com/Jewish-World/Jewish-News/Rabbi-rules-copying-work-in-university-is-permitted-in-Jewish-law-346738

[2]  Regarding theft:

Exod. 21:16. 22:1-5, 7-13. Le 6:1-7. 19:11, 13, 35-37. 25:17. Deut 5:19. 19:14. 23:24, 25. 24:7. 25:13-16. 27:17. Josh 7:24, 25. Job 20:19-22. 24:2. Ps 37:21. 50:18. 62:10. Pro. 1:13-15. 3:27. 6:30, 31. 11:1. 16:11. 20:10, 23. 22:22, 28. 23:10. 28:24. 29:24. 30:8, 9. Isa 1:23. 61:8. Jer 5:26-29. 7:8-11. 22:13. Ezek 33:15. 45:10. Hos. 4:2. 12:7. Amos 3:10. 5:11, 12. 8:4-6. Mic. 6:10, 11. 7:3. Zach. 5:3, 4. Mal. 3:5,

Regarding Fraud and Dishonesty, see Lev. 19:11; Lev. 19:35–36; Lev. 25:14; Deut. 19:14; Deut. 25:13–16; Deut. 27:17; Job 24:2; Ps. 37:21; Prov. 11:1; Prov. 11:26; Prov. 16:11; Prov. 20:14, 17, 23; Prov. 22:28; Prov. 23:10–11; Hos. 12:7–8, 14; Amos 8:5–6; Mic. 6:10–13; Hab. 2:6.

Regarding the sins involving hypocrisy: Job 17:1, 3–9; Ps. 5:9; Ps. 26:4; Ps. 50:16–23; Isa. 29:13; Isa. 32:5–8; Isa. 48:1; Isa. 58:1–2; Ezek. 33:31–32.

Lying and Falsity:  Exod. 20:16; Job 15:35; Job 21:34; Job 24:25; Job 31:33; Ps. 5:6; Ps. 31:18; Ps. 50:19; Ps. 52:2–4; Ps. 55:20–21; Ps. 62:4; Ps. 63:11; Ps. 116:11; Ps. 119:69; Ps. 120:3–4; Prov. 2:12–15; Prov. 6:16–17, 19; Prov. 10:18; Prov. 12:22; Prov. 17:4; Prov. 19:22; Prov. 21:6; Prov. 26:23–26; Isa. 59:2–3; Jer. 5:2; Jer. 7:8; Jer. 9:3–6; Hos. 4:1–2; Hos. 11:12; Zech. 8:16–17.

Causing others  to sin: Num. 25:1–2; Neh. 6:13; Prov. 1:10–16; Prov. 4:14–15, 25–27; Prov. 16:29; Prov. 28:10; Isa. 33:15–16.

[3] BT Megilah 15a, Mishnah Avot 6:6 

[4] Tosefta Bava Kama 7:8; it is shocking that some medieval scholars think that the prohibition against ge’nei’vat da’at is not Biblical but rabbinical (Semak, 262). Such rationalizations only create scandal in the Jewish community and it also reenforces the impression that all Jews are dishonest in business.

[5.] BT Chullin 94a-b.

[6] Tosefta Bava Kama 7:3.

[7]  http://www.jpost.com/Jewish-World/Jewish-News/Rabbi-rules-copying-work-in-university-is-permitted-in-Jewish-law-346738

Using the Internet Social Media at Work

Posted on by Rabbi Michael Leo Samuel

This question is based on a question posed to the “Ethicist” column in the New York Times Sunday Magazine. My colleague at work spends most of his time posting to the website, Reddit. He could be posting information about his boss or work environment that could jeopardize his employment. In any case, I believe he is too immature and ill- suited for our profession. Do I have an obligation to tell him that this behavior could hurt his career?

A. Prior to your question, I have never heard of Reddit before. However, after looking at the website, it looks like one of the old-fashioned bulletin boards where people post something about themselves or others. The question you raise could probably apply to someone who writes about work on Twitter or even Facebook. Social media websites have made this problem ubiquitous in most business environments—far more than employers are willing to admit. Electronic devices have become a prosthesis for most of us living in the 21st century. Twenty years ago, the futurologist Ray Kurzweil has predicted that within the next couple of decades, man will merge with the machine. Largely, we are already witnessing this phenomenon.

Based on what I have read on this subject, your co-worker is hardly alone. As one professional from Forbes Magazine notes:

  • There are many activities  employees do that waste time at work. Excessive meetings, co-worker interactions, office politics, and fixing mistakes are a few. According to a recent Salary.com survey, one of the biggest culprits is surfing the Internet. Specifically, the survey revealed 64 percent of employees visit non-work related websites every day at work. Of that group, 39 percent spend one hour or less per week, 29 percent spend 2 hours per week, 21 percent waste five hours per week, and only 3 percent said they waste 10 hours or more doing unrelated activities. (My experience as a CEO tells me these figures are probably underestimated.)[1]

Ask yourself the following question: Is it my responsibility to supervise how my fellow co-workers are using their non-work related activities? In my opinion, this is what a supervisor is there to oversee. Otherwise, you risk creating a hostile workspace where nobody trusts their co-workers. On the other hand, you may want to casually mention to the corporation manager that it might not be a bad idea to send out a memo regarding the proper use of office time and Internet usage. If nothing else, it would broadcast in a subtle but effective manner that there will be consequences for people who misuse their time at the office for personal pursuits. Sometimes the fear of losing one’s livelihood is powerful enough of an incentive.

Many corporations install software on suspected computers that monitor websites and even keystrokes that are imputed into the computer. Now, assuming you are on good terms with your co-worker, you may want to try telling your co-worker in a friendly manner that today, spying on our neighbor is no longer the domain of “Big Brother” (e.g., the CIA or the NSA). Today even “Little Brother” has that capability. Beyond that, anyone—regardless of their income—can spy on a spouse or anyone else if they so desire. The loss of privacy in our society has made us more vulnerable to intrusions into our personal space. If you are not on good terms with your neighbor, then you would be wise to not say anything for your behavior may be tainted by an animus that borders on hatred—a clear violation of biblical law that requires us to act with love—not with hatred.

  • You shall not hate any of  your kindred in your heart. Reprove your neighbor openly so that you do not incur sin because of that person. Take no revenge and cherish no grudge against your own people. You shall love your neighbor as yourself.  I am the Lord (Le 19:17–19).

It seems to me that company managers must bear the ultimate burden of monitoring their workplaces. Doing so not only ensures greater productivity, it also protects their business from people accidentally or willfully revealing information that could prove damaging to their workplaces, not to mention minimizing potential workplace problems such as sexual harassment or employee job performance problems.

In terms of Jewish texts, there are ample texts that speak about taking personal accountability whenever one is working for the public, which I believe also applies whenever we work for anyone. In Exodus 38:21-40:38 (a.k.a., Parshat Pekudei), the Torah begins with a complete inventory of what all the items Moses collected for the Tabernacle. This principle is confirmed when we read how Moses gives an accounting of the raw material brought to the Sanctuary: gold (29 talents, 730 shekels), silver (100 talents, 1,757 shekels), copper (70 talents, 2,400 shekels) etc.  The first thing that strikes us is that this seems to be an accountant’s report on Moses’ business affairs. This ought to strike the reader as odd. If Moses, the man who gave the Ten Commandments, isn’t above suspicion, then who is?  Was all of this accounting really necessary?”  The answer is simple of course! Leaders must be beyond suspicion. This principle pertains to lesser mortals as well.

Oftentimes we define a Tsadik in Judaism as someone who is “righteous” and pious in matters of Jewish law and practice. Yet, the real meaning of tsadik is someone who acts with complete and personal integrity. Saintliness may be for exceptional people, but most people are at least capable of acting honorably and with integrity.

 

[1] http://www.forbes.com/sites/cherylsnappconner/2012/07/17/employees-really-do-waste-time-at-work/

Purim Synchronicities

Posted on by Rabbi Michael Leo Samuel

StreicherDarkerSharpHLSL.jpg

 

During the Holocaust years, Purim celebrations were forbidden to the Jews. Christians and Jews could not even own the book of Esther. Such decrees did not stop the Nazis from poking fun at the Jews on this Jewish holiday. With diabolical glee, the Nazis frequently orchestrated special killings with the Jewish festivals. On Purim in 1942, the Nazis hanged ten Jews in Zdunka Wola to avenge the hanging of Haman’s sons. Similar incidents occurred in the Piotrkow ghetto and in Czestochowa and Radom.

One of Hitler’s leading Nazis was a man named Julius Streicher. The following day after the Kristallnacht attack on November 10th, 1938, Streicher gave a speech and proclaimed, “Just as the Jews butchered 75,000 Persians in one night, the same fate would have befallen the German people had the Jews succeeded in inciting a war against Germany . . . the Jews would have instituted a new Purim festival in Germany.”

Although Streicher’s execution did not occur on the Purim holiday itself, he perceived an irony here that nobody else noticed at the time. Ten Nazi leaders had been condemned and executed for their crimes against the Jewish people and humanity; their mode of execution was hanging, much like the ten sons of Haman were executed by hanging in the Purim story.

Nearly eight years later, Streicher never forgot the words he uttered about Purim. For him and his associates, Purim came early that year.  Streicher and his fellow Nazis’ hangings took place on October 16, 1946. On the Jewish calendar, October 16, 1946, corresponded to 21 Tishri, 5707. This date was the seventh day of the Jewish feast of Sukkot, the day called Hoshana Rabba. The Jews believe that this day represents the coming time when God’s verdicts of judgment upon mortals is sealed.

That is why his last dying words were, ‘Purim Fest 1946.” The words seemed like  the mad ranting of a condemned man, but Streicher could not deny the poetic justice he was witnessing. However, in Streicher’s twisted imagination, he assumed that the Jews would celebrate his death and the death of his Nazi colleagues as a new Purim holiday. That didn’t happen. The old Purim celebration will suffice.

One last note: The book of Esther recorded that the ten had been hanged on a tree (Esther 9:14). The Hebrew word for a tree is eitz, which is also “wood” in English. The hangman at Nuremberg was named John C. Woods, an American army officer. After the executions, Woods burned the hoods and ropes. He refused to profit from the $2,500 offered from people who wanted these items as souvenirs. John Wood’s revulsion for pecuniary gain also corresponds to another passage found in the book of Esther, “The Jews of Shushan mustered again on the fourteenth day of Adar and slew three hundred men in Shushan. But they did not lay hands on the spoil” (Esther 9:15).

How does one make sense of these uncanny coincidences? According to the psychologist C.G. Jung, a synchronicity refers to simultaneous events or coincidences that are not seemingly causally related. Jung regarded synchronicity as predicated upon an acausal connection between two or more -physic phenomena that seem mysteriously interrelated, e.g., such as thinking of an old friend and having that person arrive unexpectedly, or anticipating a telephone call from a long lost friend or relative. Jung’s synchronicity implies there is a web that connects many events together in ways that are not necessarily obvious to the eye–but are clear only to the eye of spirit and intuition.

Although Striecher was not completely correct, for the Jews did not celebrate a new Purim holiday like Striecher imagined, but the Jewish people would within two years recreate the arguably the greatest miracle of modern times—the Jewish State of Israel, which would survive many genocidal attempts to destroy her.

While we may breathe a sigh of relief that men like Streicher finally received justice, it is a pity that so many Nazis didn’t. It is even more disconcerting that Persian descendants of Haman wish to succeed where their ancestor Haman failed.

May we be privileged to outsurvive men like Ahmadinejad and others like him in the future. May each of them meet the fate of Haman and Julius Streicher.

When Court Jews Abandon Their People

Posted on by Rabbi Michael Leo Samuel

 

CHULA VISTA, California –The Mishnah teaches that, “Anyone reading the Megillah backwards (or out of sequence) has not fulfilled his obligation” (BT. Megillah 17a).[1] Hassidic Scholars noted that one should never think that the miracles and the story of Purim are a relic of the ancient past. Rather its message continues to resonate throughout the course of Jewish history.

With this simple thought in mind, we will examine a perplexing passage that appears in the Book of Esther.

  • Hathach returned to Esther and told her what Mordecai had said. Then Esther replied to Hathach and gave him this message for Mordecai: “All the servants of the king and the people of his provinces know that any man or woman who goes to the king in the inner court without being summoned is subject to the same law—death. Only if the king extends the golden scepter will such a person live. Now as for me, I have not been summoned to the king for thirty days.” When Esther’s words were reported to Mordecai, he had this reply brought to her: “Do not imagine that you are safe in the king’s palace, you alone of all the Jews. Even if you now remain silent, relief and deliverance will come to the Jews from another source;* but you and your father’s house will perish. Who knows—perhaps it was for a time like this that you became queen?” [2]

Mordecai warns Esther: Now is not the time to do nothing, for to do nothing would only enable Haman and embolden his spirit to destroy the Jewish people. Not even the seclusion of her palace would protect her—she too, will share the same destiny of her people—one way or another. Fortunately, like Joseph before her, Esther uses her influence to save the lives of her people. The story of Purim reminds us of the old Jewish perennial wisdom that most of the Jewish holidays teach us: “The bad guys tried to destroy us; they didn’t succeed, so let’s eat!”

However,  Jews in high political positions have not always served their people well. There was one Jewish leader in particular, whose villainy demands condemnation. Not only did he fail to do anything to save his dying people in Europe, but he went out of his way to thwart all efforts to rescue the Jews.

His name was Samuel Rosenman,  FDR’s closest Jewish adviser and speech writer; he was also a leading member of the American Jewish Committee. Rosenman believed that a large number of Jewish refugees would “create a Jewish problem in the US.”

On October 6, 1943, the day of the march, he was the one person who advised  Roosevelt to snub the “medieval horde” of 400 rabbis, led by Rabbi Eliezer Silver, who had marched to the White House to plead for rescue. With the spirit of a modern-day Moses, Rabbi Eliezer Silver (1882-1968) [3] marched up Pennsylvanian Avenue on and demanded an audience with the President. They said, “We pray and appeal to the Lord, blessed be He, that our most gracious President, Franklin Delano Roosevelt, recognizing this momentous hour of history and responsibility that the Divine Presence has laid upon him, that he may save the remnant of the People of the Book, the People of Israel.”

Surprised by the large group of rabbis appearing in front of the White House,  FDR managed to quietly escape through the White House’s back door for another event. FDR surrogated the job to Vice President Henry Wallace to meet with the rabbis. Fortunately, the publicity led to the formation of the War Refugee Board, which rescued over 200,000 Jews.

Despite the formation of the War Refugee Board,  Rosenman continued to undermine the campaign to rescue and resettle Jews in the United States. In all the public condemnations of how the Nazis were treating the Poles, Czechs, Norwegians, Dutch, Danes, French, Greeks, Russians, Chinese Filipinos – and many others ethic groups, the word “Jews” did not appear at all in the public announcements. The Jews hardly deserved being mentioned.

Amazingly, the FDR administration had a lot to say to the New York Times about the rescuing of precious European art collections, but they had nothing to say about the rescue of the Jews.

What can we learn from this tragedy?

Hillel said it best, “If I am not for myself, who will be for me? If I am only for myself, what am I? If not now, then when?” Today’s Jewish leaders—regardless whether they are liberal or conservative—must hold the Obama Administration accountable for giving continuous support to the Iranians. We must insist that the sanctions continue.

I will conclude with a Talmudic tale:

  • Rava and Rabbi Zera made a Purim feast together and became drunk. Rava got up from the table and slit Rabbi Zera’s throat. The next day when he understood what he had done, he prayed for mercy and Rabbi Zera recovered.  The next year, Rava said to Rabbi Zera, “Come let us make a Purim feast together!” Rabbi Zera replied, “No! A miracle doesn’t happen at every single hour.[4]

Israel is a modern miracle and we must do whatever it takes to keep Israel healthy and thriving. The lesson of Purim teaches us that good people of conscience and moral conviction can make a difference.

Let us pray we choose wisely.

[I wrote this article in memory of my beloved father, Leo Israel Samuel, a Holocaust survivor who died on Purim as I was reading the Megillah in Glens Falls, NY for my congregation. Thank you Father for being my inspiration.]

[1] The Soncino Talmud adds in its footnotes, “[Perhaps as a magical incantation for driving away demons.”

[2]   Esther 4:9–14

[3] The only ones who refused to attend was Rabbi Yosef Yitzchak Schnersohn and his son-in-law; they preferred to wait for the Messiah. Schneerson actually thwarted the Orthodox rabbinate’s efforts to persuade the United States State Department to absorb Jewish refugees, see Bryan Mark Rigg, Rescued from the Reich: How One of Hitler’s Soldiers Saved the Lubavitcher Rebbe (New Haven: Yale University Press, 2004) pp. 64-65, 172.

[4] BT Megillah 7b.