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Beit Midrash
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- P'ninat Mishpat
Presentation of the Querying Rabbi (Rav Mordechai Benet of Nichelsburg): If the illustrious Rav Moshe Sofer asks me to add myhaskama (approbation) to the compilation of Torah ideas from masters of the past, I find it difficult to refuse, but I see little gain. One reason for a haskama is to approve its content, which is unnecessary in this case.
The second reason is to ban others’ reprinting of the book. However, I already wrote to the Rav of Diernfort that we cannot do that. Firstly, the rights and responsibility for publishing are in the king’s hand, and who can prevent him from a new publishing that he wants? Second, how can a first publisher prevent a second publishing, especially when it is not an original work but a compilation requiring little work? Since many non-Jews publish sefarim and they will not listen to us, banning Jews from publishing just damages the other Jewish publishers without effectively protecting the original publisher. I must thus refuse your request. On second thought, I will be polite enough to write a letterappealing to publishers not to publish without permission.
P'ninat Mishpat (829)
Various Rabbis
329 - A Document with Unfit Witnesses and the Party’s Signature
330 - Rabbinic Ban to Protect Jewish Publishers
331 - Adding Relatives to Recipients of Posthumous Tzedaka Fund
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I was very surprised that you want to cancel the minhag ofhaskamot, which I consider appropriate even for the re-printing of old works. Realize that since the practice of haskamot has been weakened, many irresponsible books have been published. Baruch Hashem, there are still G-d-fearers who will not buy a sefer unless it has the haskamaof a known rav. I explained the matter in my haskama to Halachot Gedolot, although the censor removed a few lines. Fortunate is the generation in which the great people (Rav Benet) listen to their juniors [ed. note – written in humility; while Rav Benet was a little older and an important rabbinical figure, the Chatam Sofer already exceeded him in prominence].
Because the Kaiser forbids placing a ban, I only mention theexisting prohibition of hasagat gevul (encroaching on another’s livelihood). Admittedly, it is unclear if the laws of hasagat gevul aloneapply formally in this case. This has prompted rabbis to always writehaskamot, from the time printing began to use them to warn other publishers not to harm those who invest time and money into publishing Torah works. It is unlike other forms of competition because it is impossible to publish without significant expenses, which one loses if someone else publishes a book after he has. The Rama already took this step to protect the publisher of an edition of the Rambam. [He continues with other historical precedents.]
It is true that a rav cannot impose his ban on inhabitants of another country, but this is a general ban of rabbinic leaders throughout the world over the ages, which the present-day rav is only needed to apply. It is not true that a ban impinges on the government’s efforts to raise money through licensing taxes, as the same publishers can publish a different book that is not spoken for.
I remember that my father-in-law (R. Akiva Eiger) wrote to me in a letter that he is very upset that a rav in his region told him that the rabbinateno longer accepts haskamot as binding. Now I realize that it was the Rav of Diernfort, with your support. I wait to hear your response.
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
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