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When publishing a deceased person’s writings,
may one censor some amount of material?

 

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Our sages (Bechoros 31b) state that one who quotes from a [departed] talmid chacham causes his lips to murmur in the grave. Now that should only be if one quoted verbatim. The Talmud (Avos 6:6) states, “Whomsoever states a matter in the name of its author, brings redemption to the world, as it states in the matter of Bigsan and Seresh who sought to poison the King Ahashveirosh (Esther 2:22) “And Esther reported it to the king in Mordechai’s name.” Thus, we see that accurately quoting an individual can serve no greater purpose than the very redemption of our people, especially in times of peril.

We also find that the Torah (Exodus 23:7) admonishes us: “Mi’dvar sheker tirchak – You shall distance yourself from a matter that is false.” Now the question arises is one unilaterally censoring or simply editing for the sake of brevity? If one is doing the latter and the gist of the author’s view in the matter at hand is maintained, then surely one should be allowed “editorial license.”

On the other hand, as to the former, whereby the author’s writings are being censored, if doing so is because of possible negative ramifications in the public square and nevertheless a great purpose will be served in so doing then it should be permitted.

Now if in doing so one seeks to whitewash the individual, and hide from the unsuspecting public his questionable character and the flaws inherent in his writing, there can be no greater violation of mi’dvar sheker tirchak.

In former times it was that our people lived in the proximity and under the rule of heathen non-believers. Very often we find the name “oved kochavim” or other defining term as forming a broad reference to non-Jews. In the Responsa Chasam Sofer, there is a short paragraph, a disclaimer stating that where the term appears in his work that the author’s intention was not a reference to the non-Jew of our time. The author was very careful not to cast any negative aspersions.

Since it is often difficult to accurately quote another individual, the Chasam Sofer was known to instruct “when quoting me far better that you say any of my chiddushim in your name, than you say your [possible flawed] chiddush in my name.”

A final caution: It is assumed as a matter of common decency that in publishing such posthumous works that one do so with the permission of next of kin or other copyright holder, unless many years have passed and the work is now in the public domain.

– Rabbi Yaakov Klass is chairman of the Presidium of the Rabbinical Alliance of America; rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn; and Torah Editor of The Jewish Press. He can be contacted at [email protected] and [email protected].

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We cannot censor the fact that Chazal believed in censorship. As an example, in ancient times, the Torah and Haftarah were read and translated into Aramaic so that the masses could understand them. The Mishna in Masechet Megilla (25a) lists some sections in Tanach that can be read publicly as Kriat HaTorah or the v but cannot be translated into Aramaic. One section is the story with Reuven and Bilhah because we are concerned either for the honor of Reuven (according to Rashi) or Yaakov (according to the Ran). Another section is Amnon’s rape of Tamar when referring to Amnon as the son of David because, according to a number of commentaries, we are concerned for the honor of David.

This is an example of Chazal limiting our understanding of Biblical texts so as not to dishonor a respected Biblical figure, and therein lies the question. Will censoring some amount of a deceased person’s writing add or decrease honor to that person, Torah scholars or the Torah in general? Is it appropriate to publish some controversial material by an author if it might lessen the honor that we bestow upon that person?

In my opinion, in today’s day and age, when it is hard to keep information private, we should be especially concerned with censoring material which may give rise to accusations that we are distorting Torah and Torah values by not accurately presenting the entire corpus of someone’s writings. If we are concerned that presenting some material may appear objectionable to our community, then we have a responsibility to explain why that is not the case so as to preserve the honor of the writer. However, in general, I would avoid censoring the material of a deceased person’s writing.

Rabbi Jonathan Muskat is the rabbi of the Young Israel of Oceanside, a rebbe at Shulamith High School, and a pastoral health care liaison at Mount Sinai South Nassau.

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