Isn't our meat good enough for you?

A rabbi goes to heaven and is invited to sit at a banquet attended by Moshe himself. He makes a discreet enquiry and discovers that the food is under Divine supervision. The rabbi whispers in a waiter’s ear, ‘I’ll take the fish!’

Many people are puzzled by the suggestion that a rabbi might endorse some area of religious life but be reluctant to partake in it himself. For example, it troubles people that some rabbis won’t eat from certain kosher butchers; others won’t carry on Shabbat, even inside an area enclosed by an ‘eruv’. One hears the obvious concerns about inconsistency expressed in blunt terms: ‘is it kosher or not? If it’s kosher why won’t you eat it, and if it’s not kosher, why should I?’

It is not possible to make sense of this phenomenon without examining some of the underlying principles of halachah – Jewish law – and how they differ from common assumptions. Some rabbis, for whatever reason, have been unwilling to teach these ideas, perhaps considering them too uninteresting or abstruse for the average Anglo-Jew. I disagree. Indeed whenever I have tackled this topic, be it in conversation, writing or public lecture, it has been met with appreciation and, I hope, greater understanding.

Jewish law is fascinating and complex. Even the word ‘halachah’ (lit. a way to go) indicates a process rather than a ruling. It is a complete system that regulates every area of life, from the mundane to the most profound. Halachah cares not only how we act, but also how we think and feel about ourselves, other human beings, the world itself, and, of course, God. As such, it is all-encompassing in its scope and the opportunity that it gives us to maximise every instant, imbuing it with meaning and purpose. From cradle to grave, boardroom to bedroom, halachah is ever-present, allowing every moment to be experienced through the lens of the Divine.

Yet the comprehensive nature of halachah should not be confused with the desire to create a monolithic society in which everyone behaves identically. Indeed, disagreeing is the halachists’ favourite pursuit: unresolved arguments appear on each page of the Talmud and halachic code; in fact, there is only one chapter (in over 500) in the entire Mishnah that doesn’t contain a disagreement! While there are, naturally, established processes by which practical decisions are made, halachah might best be described as ‘organised disorder’ – a vast array of disagreements built on earlier disagreements. Some view this as an insanely unworkable system; others, me included, consider it to be one of Judaism’s greatest strengths. Disorder and multiplicity indicate range and diversity and are actually powerful tools that allow halachah to be applied in a responsive and case-driven manner, rather than as a blunt, insensitive instrument.

For example, there is an ancient dispute between major kashrut authorities concerning the pulmonary condition of cattle. While some overlook certain lesions of the lung, others (notably Rabbi Yosef Caro, author of the Shulchan Aruch) are of the opinion that animals with such lesions are forbidden. This unresolved disagreement broadly manifests itself in a disparity of practice between Ashkenazim (lenient) and Sephardim (stringent). Yet, understandably, many Ashkenazim choose to be stringent. Another example of this phenomenon is the mediaeval dispute about the distinction between a private domain (where one may construct an ‘eruv’) and a public domain (where one may not). This disagreement resurfaces throughout halachic literature and influences the approaches of modern experts as to where and how one may create an eruv.

Although there are well-established community norms in almost every area of law, we have shown that halachah does not offer a single answer to any legal issue, but an array of possibilities, within a carefully defined framework. Because of this, halachah is able to deal not just with ‘regular’ circumstances, but is flexible enough to accommodate emergency shortages, unexpected financial hardship, and the needs of the spiritually sensitive.

Despite the intricacies involved, Jewish life is greatly enriched by the application and validation of this multiplicity.

Talmudic sources conflict about whether the halachist should incline to leniency or stringency: ‘the power of leniency is preferable’ (Brachot 60a) appears to be contradicted by any number of Talmudic statements. Yet there really is no argument, as it is a given that the rabbi is to be lenient when ruling for others, yet stringent for himself and those who are striving for spiritual perfection. After all, his job is to make Jewish life as manageable, enjoyable and uplifting as possible. This demands leniency, where possible, especially when nurturing the spiritual needs of a disparate community. While there are many complex factors at play, inclusivism seems to me to be critical: given the constituents of a community, a ruling (certainly always based on proper sources and expert advice) must enable as many people as possible to observe their Judaism and feel comfortable within it.

This doesn’t always mean being lenient: a stricter ruling will sometimes be more inclusive, but it is obvious that responsible rabbinical leadership must always incline to leniency when regulating public religious services such as butchers’ shops. Ill-conceived stringency could result in price increases, restricted availability and fewer people observing kashrut. The same applies to building an eruv: the advantages of a community eruv are so clear that they outweigh the need to accommodate every halachic view, which might result in not building it at all.

Well-founded leniencies are squarely within the boundaries of halachah; yet this does not mean that everyone will want to rely on them. Halachah accommodates (and even celebrates) a range of practices for different circumstances and there have always been individuals who have elected to follow stringent practices. Yet while it is entirely reasonable for rabbis to adopt personal stringencies, they certainly ought to explain what they’re doing and why!

A version of this article first appeared in the Jewish Chronicle

Letter to Jewish Chronicle July 2009

I sent the following letter for publication to the Jewish Chronicle. It appeared in part in today's edition.

Dear Sir

I write to thank Rabbi Tony Bayfield for unequivocally supporting the Chief Rabbi in his attempt to fight the recent Appeal Court ruling against JFS. Rabbi Bayfield’s admirable response illustrates a point I made in my recent JC article – that acknowledging our differences, rather than pretending that they can be smoothed over, enables us to work together on issues that impact on us all. Unlike your columnist, the predictable Mr. Alderman and a number of other ill-informed correspondents, Rabbi Bayfield understands that the JFS ruling rejects the definition of Jewishness accepted by every Jewish movement in the UK, not just the Orthodox, as it insists that Jewishness is defined by practice, not by descent or conversion by any standard. By this criterion, a Sabbath-observant member of ‘Jews for Jesus’ is considered more Jewish than a non-observant born Jew or one converted by any movement. It is lamentable that so many have used this nadir in Anglo-Jewish history to attack the Chief Rabbi, when the ruling so obviously equally affects his detractors, whose interests he is fighting hard to protect.

Yours faithfully

Harvey Belovski (Rabbi), Golders Green Synagogue, 41 Dunstan Road, NW11 8AE

JCoSS: not cross-communal; at best non-Orthodox

The imminent opening of JCoSS (Jewish Community Secondary School) has generated unprecedented interest. Adorned with the slogan ‘excellence, choice, openness, inclusion’, its website describes it as ‘the first cross-communal Jewish secondary school in the UK’. JCoSS takes pride in its admissions policy, which ‘will treat on an equal basis all pupils recognised as Jewish by any of the UK’s mainstream movements’ and its intention to deliver Jewish studies ‘while being non-judgemental between the various mainstream Jewish traditions’.

JC readers will not be surprised to discover that ‘JCoSS worries Orthodox (United Synagogue) rabbis’ (14/05), nor that in a spurious comparison with Limmud, Miriam Shaviv (21/05) opined that rather than fighting a war already lost, the rabbinate should ‘face facts’ and ‘embrace JCoSS’. The battle-lines seem drawn already.

Before exploring further, I acknowledge the certainty that numerous children from US-type homes will attend JCoSS. However the Orthodox rabbinate might prefer the world to look, we will support and nurture the Jewish lives of our communities’ children, irrespective of the educational choices made for them by their parents. It is no secret that in a rare display of virtual unanimity, US rabbis have strongly opposed formal involvement with JCoSS. Yet this has no bearing on our commitment to our children in the school. There is spirited and evolving debate about how to achieve this: some will run out-of-school programming; others are grappling with alternatives to support JCoSS pupils. And it is with deep sadness that we currently feel unable to work within JCoSS: this painful decision is informed by real concern for our children expressed in the context of legitimate anxieties about its identity.

Unfortunately, behind the happy ‘cross-communal’ picture painted by JCoSS’s professional website and cautiously-worded literature, there lies a confused ideology that conflicts squarely with basic Orthodox principles.

I am certain that JCoSS will indeed try to teach its pupils ‘about all the mainstream traditions within Judaism’, in a non-judgemental way and ‘to understand and respect all the UK’s mainstream Jewish traditions’. This inclusivism may even succeed at a practical level - the school intends its kitchens to be kosher and its weekend programmes to be Shabbat-observant, even if it can’t commit to closing on second-day Yom Tov. But ideologically this descends into pluralistic incoherence. Presumably, pupils will be taught that some believe the Torah to be the unmediated word of God, while others think that it was authored by human beings; that some consider traditional Shabbat restrictions to be optional, but others consider them absolutely binding; that while the Torah itself expressly forbids certain types of relationships, some movements consider them to be valid life-options. And while this dissent is simply a statement of fact, the ethos of JCoSS demands that each of these contradictory options is taught as equally legitimate. Apart from the obvious fact that children need certainty, a sense of imperative and firm ideas to help them build a meaningful connection to their faith, this type of pluralism is theologically untenable from an Orthodox perspective.

In a seminal 1990 essay, later developed into ‘One People’ (Littman 1993), the Chief Rabbi masterfully explains the ‘incoherence of pluralism’ by observing that it ‘presupposes the absence of absolute or normative truth and hence the falsehood of Orthodoxy’. Orthodoxy stakes its being on the existence of some truth that transcends the relativities of time. This is the rock on which pluralism founders… Where truth and falsity are at stake, the idea that both sides of a contradiction are true is itself a contradiction’.

A school whose raison d’être is the validation of conflicting stances on key issues of belief and practice must be considered at best non-Orthodox; in reality it is theologically completely and irreconcilably at odds with Orthodoxy. In that landmark essay, the Chief Rabbi demonstrates that ‘the literature (on pluralism) proceeds on the explicit or hidden premise that Orthodoxy is false’. The somewhat clumsy phrase ‘pan-non-Orthodox’ is a more theologically accurate description of JCoSS than ‘cross-communal’.

I understand the motivation of JCoSS’s founders. The educational world is dominated by Orthodoxy: in varying degrees, the non-Orthodox denominations disagree with Orthodox beliefs and practices, and most acutely with its definition of Jewishness. Why shouldn’t they create a school that incorporates their brands of Judaism? Actually, JCoSS acknowledges that in the event of over-subscription, it will prioritise those ‘who are not considered to be halachically Jewish by… all other Jewish schools’ – i.e. children considered Jewish only by the non-Orthodox. I respect their objectives, albeit tempered by genuine concern for the children of US communities, but I challenge the founders of JCoSS to reciprocate that respect by abandoning the term ‘cross-communal ’ in favour of a more candid representation of their school’s ideology. And I reach out with love to potential parents and urge them to recognise that they may be inadvertently depriving their children of their Torah heritage.

Unsurprisingly, JCoSS has provoked an identity crisis for the United Synagogue. The US has always been good at asserting what it isn’t (too frum, too Zionist, etc.), but imprecise when stating what it actually stands for. Are we too afraid of the consequences to admit that even the welcoming, inclusivist version of Orthodoxy that we champion has clear beliefs and some ‘hard edges’? Sometimes it is necessary to state the obvious: pluralism and Orthodoxy are antithetical. In the words of the Chief Rabbi, ‘pluralism is no more tolerant than Orthodoxy’, since ‘each represents a way of viewing the relationship between belief and truth, and each excludes the other’. We need not be scared of this truth, nor be anything other than respectful of others, such as the founders of JCoSS, who advocate pluralism. Again, the Chief Rabbi’s words seem prescient: ‘the search for unity does not resolve the tensions in the Jewish world. Instead it merely reproduces them’. Failing to articulate the unbridgeable gulf between Orthodoxy and pluralism misrepresents both ideologies and creates false hope for a unified Jewry. In fact, I believe that it hinders cross-communal cooperation in those areas where it is possible.

A version of this article first appeared in the Jewish Chronicle.

Colour Among The Black Hats?

The students of a prominent Eastern-European rabbi were about to join him to light the Chanukah candles. The rabbi noticed a broom near the window next to his Menorah and asked for it to be removed; apparently, he was concerned that in their zeal to emulate him, his followers would place a broom by the window before lighting their Menorahs too. There is a humorous (and definitely fictitious) end to the story: having visited the rabbi, each of his students went home, placed a broom by the window and then removed it before lighting his candles!

A common perception of a significant part of the Orthodox world is that it is narrow, monolithic and stifles individual expression. Detractors often point to the restrictive nature of Jewish law, conformity in dress-style (this criticism is levelled especially at those visible communities with distinctive garb) and the seemingly limited range of educational and other life-choices available to its adherents. There is a sense that the ‘men in black’ all think the same way and live cloned, indistinguishable lives.

There is some truth to this: traditional Judaism is predicated on a belief in the historical truth of the Sinaitic revelation and the eternal imperative of halachah. Its followers will create communities that share religious aspirations, educate their children in a certain way and where religious and social needs can be met. This may create a certain narrowness of experience, but devoting one’s life to a complete system of belief and practice involves accepting that some of the wider experiences of an unfettered life must be surrendered to a higher ideal. The intensity of experience that the religious crave may also lead them to form tightly-knit groups with their own exacting standards and social norms and look to charismatic leaders for guidance in their quest for individual perfection and constant communion with the Divine.

The Modern Orthodox world has attempted to combine serious commitment to Mitzvah observance and Torah study with aspects of contemporary scholarship, culture and engagement with the modern world. But for the rest of the Orthodox world, must fervour and spiritual ambition lead inexorably to conformity and the crushing of individuality, or is there room for personal expression and creative thought?

There will always be those who take refuge in the crowd, preferring to follow rather than to think for themselves; choosing to evade personal responsibility by relying on others. The Orthodox community harbours no fewer such people than any other group, but surely no more.

One can certainly observe those within the community who fear individual expression to the extent that they try to suppress it in others. There have been a number of unfortunate high-profile examples of this. They include banning of books that deviate from a narrow ideological line, attempting to limit higher education, abolishing concerts and other forms of entertainment, and restricting access to even the unobjectionable parts of the internet. Is it possible that some feel threatened by the very individual expression that is one of Judaism’s greatest strengths?

Yet despite these regrettable attempts to recast Judaism as a system requiring all its adherents to think and behave identically, most Jews are pretty resilient in their individual expression! Despite the superficial appearance of conformity and group behaviour that delegitimizes individuality, one readily finds a vast range of ideas, aspirations, ideologies and modes of religious expression. These differences are evident both between and with Orthodox groups. In traditional Jewish teaching, there is a spectrum of opinion on nearly every subject: the nature of God, Man’s free will, how to understand human suffering, the appropriate attitude to art and music, secular studies and even modernity itself, as well as about virtually every area of Jewish observance.

This multiplicity translates into diversity of lifestyle and belief. Even in the most Orthodox of circles, there are those who visit art galleries, love classical music, tour China, learn Arabic and even consider these essential to their religious experience. Others prefer to incorporate ‘secular’ modes of expression into Jewish contexts; in recent years, some highly professional and innovative music, art and literature have emerged. Among the ostensibly monolithic Orthodox, there are staunch Zionists, political lefties, recycling macrobiotics, DIY enthusiasts, aficionados of Kabbalah and those who reject it as mumbo-jumbo. In my own experience I have come across a Chassidic university chancellor and a number of Charedi avant garde musicians.

The Mishnah (Sanhedrin 4:5) observes that God makes each human being different from every other; as such, everyone should be able to say with confidence, ‘the world was created just for me’. A great Chassidic thinker understood this to mean that each of us has strengths and weaknesses that distinguish us from every other person; consequently, each of us has a unique spiritual task. Indeed wrestling with one’s own relationship with God is a Biblical role of the Jew. When Jacob was attacked by an unknown assailant, his name was changed to Israel, ‘because you struggled with God and with Man and you prevailed’ (BeReishit 32:29). ‘Struggling with God’ to forge a religious identity that is individualistic, yet firmly within the portals of tradition, is intrinsic to Judaism. The paraphernalia of Jewish life exist to facilitate this lofty goal, rather than stifle it. On its own terms, Judaism thrives on and celebrates individuality.

Fusing staunch commitment to a specific version of traditional Torah life with a tolerant attitude to the range of valid alternative views is a challenge which has its successes and disappointments. Yet respect for the multiplicity of views and lifestyles that the Torah accommodates is central to its system. We fail the Torah itself by stifling genuine creativity and individuality; but when we validate the legitimate religious choices and ideas of others, we not only create a harmonious and tolerant Orthodox society, but confirm the beauty and breadth of the Torah.

A version of this article appeared in the Jewish Chronicle. It is republished here with permission.

A version of this article appeared on Cross-Currents

Is It Ethical To ‘Hijack’ An Internet Connection?

In 2005, a West London man, Gregory Straszkiewicz, was fined £500 and given a 12-month conditional discharge for "hijacking a broadband connection". Using a laptop while sitting in his car, Straszkiewicz had connected to the Internet by piggy-backing on the wireless network of a local resident.

Today, many people access the Internet using Wi-Fi wireless technology, which allows a computer to connect to the web via a router, for which service the subscriber pays a monthly fee to an internet service provider (ISP). Although most such connections are secure, and accessible only via a password, some people leave their service unsecured, allowing free Internet access to anyone with a computer to hand. While breaking a security code to access a network is clearly dishonest, how might Jewish law view the unauthorised use of an unsecured connection, as in the case of Gregory Straszkiewicz?

At first glance, this looks like a simple application of the principle "one gains without loss to another": there seems to be no apparent loss to the subscriber (who has, after all, left the connection unsecured and therefore open to access by others) through unauthorised use of his wireless connection.

However, this may be swiftly discounted, since some financial loss is likely. Many domestic subscribers have capped services: if they download more than a fixed amount of data each month, they are billed extra for it. Additional usage by an outsider may push the monthly total data download over that limit, generating additional cost to the subscriber.

Another consideration is bandwidth, the quantity of data that can be transferred per second via the connection. This equates to the speed at which the connection works: the higher the bandwidth rating, the faster the connection. Unauthorised use of the connection will reduce the quality of the subscriber's use, as it will operate more slowly. So the piggy-backer's activities may result in a more expensive and/or slower Internet experience for the subscriber.

But even with an uncapped provision, where the piggy-backer uses the connection so little that the subscriber detects no deterioration in service (or the intruder uses it at a time when the subscriber is not online), piggy-backing may still be problematic.

The Talmud records a disagreement over whether "borrowing" an item without permission constitutes theft; the Shulchan Aruch rules stringently, which might seem to outlaw piggy-backing. However, the Ritva (Rabbi Yom Tov ben Abraham Ashvilli, died 1330) restricts this ruling to a case where "borrowing" an item could potentially lead to its damage. This clearly excludes piggy-backing, which causes no tangible harm to any material possession of the subscriber.

One might argue that when the subscriber leaves a connection unsecured, he is indicating that he doesn't mind if outsiders "borrow" it. This could be supported by the rule allowing one to borrow a tallit left in a public place, even without the owner's permission. However, the Bach (Rabbi Joel Sirkes, died 1640) assumes that this applies only where a mitzvah can be performed, and when the use is occasional; even when the piggy-backing is infrequent, it is unreasonable to suggest that it is a mitzvah!

Even if Jewish law theoretically allows piggy-backing, it may still be an act of piety to refrain from it. The Talmud refers to Rabbi Lazar's refusal to take a tiny splinter from a fence for use as a toothpick. Although the loss to the fence's owner was insignificant, and therefore taking the splinter technically permitted, Rabbi Lazar realised that if everyone were to adopt this view, the fence would cease to exist. Similarly, although one piggy-backer may make little difference to a subscriber, the presence of many freeloaders will drastically reduce the quality of his service, perhaps even bringing it down altogether.

A further point is that the subscriber is also bound by the terms of his agreement with the ISP: by accessing a connection from outside the premises where the router is located, the piggy-backer may cause the subscriber to be in breach of contract.

In conclusion, we can imagine a limited range of circumstances in which piggy-backing might be allowed, but even so, it is meritorious to avoid it.

Sources

A squatter need not pay rent, provided that the owner has not served him notice and the dwelling is not normally rented out. It is a case of "one gains without loss to another" Shulchan Aruch Choshen Mishpat 364:6, paraphrased

Rabbi Shimon bar Kahana walked past a vineyard with Rabbi Lazar and asked him to take a splinter for him from the fence to use as a toothpick. He refused, reasoning that if everyone were to do so, the fence would disappear. Talmud Yerushalmi Damai 3:2,

There is a dispute about one who "borrows" without the permission of the owner. One rabbi says that he is a legal borrower; another says that he is a thief. Talmud Bava Batra 88a

Unauthorised "borrowing" of an item that cannot be damaged by handling is never considered to be theft. Ritva, Bava Metzia 41a

It is permitted to take a tallit and make the blessing over it... Shulchan Aruch, Orach Chaim 14:4

This only applies to occasional [use] when performing a mitzvah. Bach to Tur, Orach Chaim 14:4

It is forbidden to steal even the slightest amount. Yet if it is something that no-one is bothered about, it is permitted... But the Yerushalmi forbids this, as an act of piety. Shulchan Aruch Choshen Mishpat 369:1

A version of this article first appeared in the Jewish Chronicle. It is republished here with permission.

Copyright And Software Piracy

In February of last year, at an event in Bucharest attended by Bill Gates of Microsoft, the Romanian president, Mr. Traian Basescu, apparently made an astounding statement. Allegedly, he claimed that software piracy (unauthorised duplication of software, such as Microsoft Office products) helps the younger generation discover computers and that it is an investment in Romania’s friendship with Microsoft! It is unlikely that either Mr. Gates or those software pirates languishing in jail for infringement of copyright were especially sympathetic to Mr. Basescu’s views.

‘Piracy’ of this sort has a long history in Jewish sources. Some 450 years ago Rabbi Meir of Padua published a new version of the Rambam’s halachic work Mishneh Torah. Subsequently, a Venetian nobleman, Marco Antonio Justinian, also published an edition of the Rambam, which his detractors claimed would leave Rabbi Meir with many unsold copies. Rabbi Moshe Isserlis of Cracow (d. 1572) upheld Rabbi Meir’s right to sell his stock before the other edition reached the market; meanwhile, he forbade his followers from buying the Venice printing. In 18th-century Livorno, a dispute arose between the author of an edition of the Mishnah and his printer. After publication, the printer removed the author’s commentary from the plates and reused them! Rabbi Yechezkel Landau of Prague (d. 1793) ruled that the printer must compensate the author for his loss.

Legislating rights and responsibilities towards such non-tangible entities as copyright is complex: these landmark rulings were vital steps in the development of halachic attitudes towards intellectual property. We see application of this is legislation nowadays to the problem of software piracy.

It is tricky to identify early Jewish sources that discuss title to intangibles - one that establishes a legal right to a concept or other kinds of non-monetary commodities, the development of which required the investment of expertise, resources or time. Such a source could be used to derive a Jewish view of software piracy.

The Talmud (Kiddushin 59a) records the case of a hungry pauper who discovers a cake; before he picks it up, however, someone else snatches it. The Rabbis describe the ‘snatcher’ as ‘evil’, since he has exploited the pauper’s efforts; however, he is not a ‘thief’, nor is the case actionable. We see that effort alone (which equates in our study to intellectual property) does not confer title, an idea supported by the maxim, ‘one who quotes a statement in the name of its originator brings redemption to the world,’ (Megillah 15a). Using someone else’s ideas without acknowledgement is not actually a crime, just bad manners.

Another permissive view of intellectual property could be based on the rules governing squatters. If a squatter continues to live in a property that is usually rented, he must pay rent after the landlord has served notice. This is because financial benefit accrued by one person, even if there is only a potential loss to another, is claimable. This has ramifications for software piracy. One argument advanced to justify copying is that if one has no intention of buying the product, the manufacturer incurs no loss. If the software is duplicated exclusively for private use and none of the people who use it (or secondary copies made from it) would have bought it (all highly improbable), there might be room for a lenient ruling.

Others adopt a less accommodating position. Following the law that someone entrusted with a manuscript may not copy even one letter from it without authorisation, Rabbi Moshe Feinstein (d. 1986) prohibits translating book segments without the author’s permission. Accordingly, it would be forbidden to duplicate software without consent. Furthermore, the Talmud asserts that whenever a purchaser breaks the conditions of a contract, compensation is payable; indeed someone who ignores the wishes of the ‘owner’ is termed a ‘thief’. Following this, in a responsum about copying music, Rabbi Z.N. Goldberg (contemporary) notes that even after the sale, the original owner is entitled to retain some aspects of ownership. Halachah would thus recognise a software developer’s right to withhold permission to copy the product, and duplication would qualify as theft. Additionally, Rabbi J.S. Nathanson (d. 1875) asserts that ‘logic’ asserts authors’ halachic rights to their works.

We have examined some ingenious responsa, many of which suggest that halachah forbids software piracy. Of course, Jewish law anyway asserts ‘dina demalchuta dina’ (e.g. Nedarim 28a) – in financial matters, at least, once must defer to the law of the land. As software copyright is certainly regulated by English law, halachah obliges one to adhere to the terms of the purchase agreement.

Side bar

In conclusion, the rabbi wins the case and he has the right to sell his books first, and the only newly-printed edition of Maimonides that one may purchase is the one published by the rabbi. (Responsa Rama – Isserlis – 10)

The printer has caused the author great loss, for if it were not for this new edition, he would have had many more purchasers. (Responsa Noda BiYehudah – Landau – CM 2:24)

Someone who lives in a courtyard without permission must pay rent, whenever the owner intended to rent the courtyard. (Bava Kama 20a, paraphrased; Shulchan Aruch Choshen Mishpat 364:6)

Just as one may not read a (deposited) manuscript, one may not copy even one letter from it. (Shulchan Aruch Choshen Mishpat 292:20)

It is forbidden to translate laws from my works… Some already asked me permission, which I refused. (Responsa Igrot Moshe – Feinstein – YD 3:91)

Anyone who ignores the wishes of the ‘owner’ is called a ‘thief’… If one gives a pauper a coin to buy a shirt, he may not use the money to buy a cloak, since he ignores the wishes of the donor. (Bava Metzia 78a-b)

When one sells an item, one may retain certain rights over it… A cassette vendor may retain sole rights of duplication… Ignoring this is like theft, for with respect to duplication, the cassette is not his property. (Rabbi Z.N. Goldberg, Techumin 6)

An author’s rights to his works are universally established; to say otherwise is illogical… (Responsa Shoel UMaishiv – Nathanson – 1:1:44)

A version of this article first appeared in the Jewish Chronicle. It is republished here with permission.

Welcome to Techno-Torah

A Jewish child is thinking of Moshe about to receive the Torah. Moshe ascends the mountain and God’s hand reaches through the cloud and hands him not tablets of stone, but a laptop, a CD and some Hebrew keyboard stickers! It may seem ridiculous, but these are indeed today’s Torah tools; Shavuot is a perfect opportunity to survey them.

A plethora of websites, searchable databases and desk-top publication tools have sprung up to service every Jewish interest. Computer resources for Torah study are among the most advanced of any field and have completely transformed the way that traditional Jewish sources are accessed.

Hebrew Desk-top publishing

Not many years ago, even typing in Hebrew was a nuisance: one needed to install a special font, type the letters backwards and avoid spilling on to the next line to prevent the text from coming out as gibberish. Next came specialist Hebrew word-processors, such as Dagesh and Davka, which made bi-directional typing easier. While these remain available, standard program suites such as Microsoft Office now come with built-in features that make left-to-right typing straightforward. One need only enable the software (a very simple task) and acquire a keyboard with Hebrew letters or stick some labels on to an existing one and the most powerful publishing, spread-sheet and internet software solutions become available to the bilingual user. Searches can be performed on Hebrew texts and the contents of tables ordered according to the aleph-bet. A mouse-click is all that is required to toggle between typing Hebrew and English characters, which align automatically to produce a seamless document.

Torah web-sites

There are a vast number of internet sites offering Torah ideas and programmes. As with everything on the web, these vary widely in quality, although many are really excellent. They service every shade of observance and knowledge, from the rudimentary to the most advanced, and deal with matters as diverse as making a Seder and obtaining a get (Jewish divorce). There are fun materials for children, serious monographs for academics and everything in between. One can download guides to every aspect of Jewish life, prayer services, halachic rulings and, even, would you believe, study for the rabbinate. Even those in the most observant sector of the Jewish world have caught on to the power of the web as a tool for Torah dissemination. One will find many Yeshivot, outreach organisations and even Chassidic sects represented: Aish, Breslov and Chabad, for example are known for their extensive use of the internet. There are Hebrew-calendar calculators and sites offering extensive libraries of audio files (shiurim and the like) for listening online or downloading to one’s mp3 player. The extent of these resources is quite mind-blowing.

‘Blogs’

There has been a recent explosion of Torah weblogs or ‘blogs’ – web diaries that opine on anything from Jewish law to political issues and modern challenges. Some ‘blogs’ are simply platforms for peoples’ unhappiness with the world; but one can also easily identify other excellent ‘blogs’ that are thought-provoking and refreshing: many important halachic and contemporary Torah issue have been flagged first by the ‘bloggers’, who are viewed with deep concern by some and with great affection by others.

Torah libraries

The biggest revolution, however, has been in the development of tools for the manipulation of research and manipulation of Torah texts. These come in the shape of libraries of Torah materials, available either across the internet or to purchase as disks.

The idea is to make the vast literature of Torah accessible for study and research or for creating materials for lectures, religious rulings and academic presentations. A page of text is scanned and stored on some computer medium, either as a picture (in which case the page appears in its original format but cannot be edited) or is converted into text to be copied and manipulated, but losing the original layout.

However the material is stored, sections can be pasted into word-processing and other documents to develop sophisticated archives and class hand-outs. With a little practice, it is possible to prepare first-rate source-sheets in a fraction of the time that it would have taken to drag a pile of books to a photocopier (assuming one even has all the texts available), cut the copies into fragments and paste them into a single document. The result is easier to read, produces no waste and can easily be improved at a later date.

The range of texts available is astonishing. Even an outline list of topics is lengthy. It includes: Bible, Mishnah, Talmud, Midrash, classic commentaries from all eras, Rambam, standard halachic works, responsa, mysticism, chassidut, prayer, festivals, Jewish philosophy, encyclopaedias and periodicals.

Looking first at free resources, try Mechon-Mamre for a selection of basic texts, including the entire JPS English translation of the Bible. Hebrewbooks.org has over 15,000 classic texts for free download, mostly of old editions or out-of-print books, many quite obscure; it also offers a really excellent selection of digitised commentaries on the Rambam and some unusual material published during the nascent years of the American Jewish community. Some chassidic websites also allow downloads of specialist Hebrew texts.

Two types of purchasable resources are available: those accessed across the internet for a monthly or annual fee, and those that are purchased outright on disk. The advantages of the web versions are that the cost is spread, they may be accessed from anywhere with an internet connection, and don’t ever need upgrading. The versions bought outright generally work faster, deliver higher functionality and can be used even when no internet connection is available, but must be carried around and may be expensive to purchase.

There is a good range of disks available at the lower end of the market. They supply fundamental texts, such as Bible, Talmud and basic commentaries on CD. Some contain English texts, such as translations of the Bible, Talmud and Midrash. In the middle range, also on CD, there is DBS, offering a huge range of commentaries on the Bible and Talmud and a good range of chassidic literature and the Bar Ilan Responsa project, which contains a plethora of rabbinical responsa from across the ages. For the most serious scholars, Otzar HaChochma contains over 28,000 searchable books and periodicals in their original format. Available across the internet or on a 500Mb hard drive, it comes with a price to match its power.

Shavuot celebrates the giving of Torah more than 3200 years ago. While the message of the revelation remains vibrant and exciting, the medium has changed beyond recognition. Using the amazing techno-Torah tools at our disposal is a real way to connect the past, present and future.

Resources

Bi-directional word-processors, keyboards and keyboard stickers:

http://www.jewishsoftware.com/default.asp?page=categories&type=84&id=92

Selected Torah websites:

MiBereshit: http://www.mibereshit.org/newsite/eng/flash.asp

Breslov: http://www.breslov.com/en/index.php/Breslov_on_the_Internet%21

Chabad: http://www.chabad.org/

Jewish Law: http://www.jlaw.com/

Aish: http://www.aish.com/

YUTorah: http://www.yutorah.org/

Virtual Beit Midrash: http://www.vbm-torah.org/

WebYeshiva: http://www.webyeshiva.org/

613: http://www.613.org/

Selected blogs

Hirhurim: http://hirhurim.blogspot.com/

Cross-Currents: http://www.cross-currents.com/

The Seforim Blog; http://seforim.blogspot.com/

Eruv Online: http://eruvonline.blogspot.com/

Belogski: http://belogski.blogspot.com/

Hebrew calendar and Shabbat-time calculators

Hebrew calendar: http://www.kaluach.org/

Shabbat times only: http://www.chabad.org/calendar/location.asp?tDate=&weeks=1&AID=6226

Index of Torah and Jewish academic articles

RAMBI: http://jnul.huji.ac.il/rambi/

Free Torah libraries

Mechon-Mamre: http://www.mechon-mamre.org/index.htm

Hebrewbooks.org: http://hebrewbooks.org/

Purchasable Torah libraries

Basic libraries: http://www.davka.com/cgi-bin/category.cgi?category=4

Bar Ilan Responsa project: http://www.responsa.co.il/home.en-US.aspx (online access)

http://www.jewishsoftware.com/products/Bar_Ilan_Responsa_15_991.asp (buy)

DBS: http://www.jewishsoftware.com/products/DBS_Master_Library_163.asp

Otzar HaChochma: http://www.otzar.biz/index_e.php (online access or buy)

These are only examples. Many other excellent resources are available.

A version of this article first appeared in the Jewish Chronicle. It is republished here with permission.