By Rabbi Michael Leo Samuel
CHULA VISTA, California —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 and 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
[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.
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Rabbi Michael Leo Samuel is spiritual leader of Temple Beth Shalom in Chula Vista. He may be contacted via michael.samuel@sdjewishworld.com
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Shaboua Tov.
While agreeing with the basic points in your article about plagiarism, I am appalled by two things.
1. We are instructed in Pirkei Avot to give others the benefit if the doubt. Was Rabbi Yosef misquoted by the Jerusalem Post? Were the citations accurate and complete? Was anything quoted out of context. It is impossible to imagine that Rabbi Yosef is not aware of each and everyone of your cited sources.
2. The tone of your article is one if aggressive disrespect. We are commanded to love our fellow Jew.
Your tone is not acceptable vis-a-vis a fellow human being, a fellow Jew, or a Rabbi. Your quoting of (unproven) allegations against Rabbi Yosef aren’t necessary. Your quoting from Shakespeare’s most anti-Semitic play along with your invective filled addition to it is completely out of line.
Shame on you for not checking out the real story and double shame for insulting a fellow Jew.
Michael Hanono.
Rabbi Samuel responds: “In the interest of brevity, I would like to address several points that deserve mentioning. Mr. Honono speaks about giving the “benefit of the doubt” to Rabbi Avraham Yosef. Many people would be willing to do so if the Jerusalem Post retracted its original story about the rabbi permitting plagiarism. This unfortunately did not happen, and neither did Rabbi Yosef make any subsequent public comment denying or clarifying his earlier remarks. Based on these facts alone, we must assume that Rabbi Yosef stood by his earlier remarks.
Secondly, several Orthodox and non-Orthodox newspapers and websites presented the allegations leveled against Rabbi Avraham Yosef and his possible criminal activities. The reason these news agencies reported this information was because the Israeli rabbinate considered him as a possible successor for his father’s position as the Chief Sephardic Rabbi of Israel.
Here are some of the specific quotes regarding the allegations:
• Holon Chief Rabbi Avraham Yosef was question by police ‘under warning’, facing allegations of breach of trust in regard to his granting mehadrin kashrus certification to restaurants in his city. Being questioned ‘under warning’ generally signals police have sufficient evidence in the case and that a criminal indictment is likely. The rav was questioned on Wednesday, 3 Menachem Av 5773 for eight hours, after which he was released with restrictions. The rav allegedly abused his position as the city’s chief rabbi to advance the interests of Badatz Beit Yosef. Rabbi Yosef is the Shas party candidate in the Chief Rabbinate race. He is a contender to become Israel’s next Sephardi Chief Rabbi. [1]
•
Another headline reads from the Times of Israel: “Holon chief rabbi grilled over illegal firing suspicions Avraham Yosef, son of Shas spiritual leader and candidate for chief rabbi, questioned by police over allegedly politically minded pink-slipping of kashrut supervisor “ Just about every major Jewish paper covered this story because it was newsworthy.
Lastly, with respect to the precept of “loving one’s fellow Jew,” does not exclude offering constructive criticism in the spirit of improving the Jewish community:
• 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. (Lev 19:17–18)
Whenever leading rabbinical leaders engage in illegal financial activities, e.g., the Ashkenazic Chief Rabbi, Yona Metzger, who was accused of several crimes ranging from sexual harassment, bribing, extortion, threats toward other rabbis, forgery, [2] shows that the Israeli Rabbinate has major challenges to deal with. The stories about Satmar and other Haredi groups defending accused and convicted pedophiles only creates anti-Semitism. [3]
Are we to say nothing and give these men “the benefit of the doubt” even after they have been convicted?
I don’t think so.
We can bury our heads in the stand, or else we can deal with these problems and demand that our rabbis act in accordance with the highest principles of our faith and tradition.
Does this mean that we expect our rabbis to be perfect people? Nobody is perfect—rabbis included.
However, rabbis who serve as Chief Rabbis of their communities ought to be more circumspect with their behavior and develop a zero tolerance policy toward its rabbis’ heinous behavior.