Source: National Library of Israel
Citation:
Rabbinic Reprinting Ban for Eliyahu Bakhur, Rome (1518), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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that person is called a wicked person.”[11] And it is
said in tractate Bava Batra [a tractate of the Talmud that concerns civil wrongs]: “One
[who wants to spread a fish net] must distance himself from a fish [that another
fisherman has staked out with his net] by the full distance that a fish swims, since [to do
otherwise] is encroachment upon another’s livelihood.”[12] And even according to Rabbi
Meir [c. 1060- after 1135], who posited that this rule applies only when the first
fisherman is using a dead fish [as bait] to attract other fish [i.e., is taking concrete steps
that cause the fish to gather around his net], to spread one’s net in such circumstances
is tantamount to misappropriation.[13] It is certainly the case, therefore, that when one
has taken pains and labored, and another encroaches upon his livelihood, that person is
an actual misappropriator [gozel mamash]. And we find in Sanhedrin [a tractate of the
Talmud that largely concerns courts and judicial procedure]: “[The righteous man]
refrains from drawing near to him his neighbor’s wife [interpreted by the rabbis in the
commercial context as avoids taking what another dearly values]; this is a matter that
relates to [the rule against] encroaching upon another’s livelihood.”[14]
And since printed books travel from sea to sea, we have not limited our ruling to
acts occurring within a territorial border, but rather simply decree: Anyone who knows
of, saw, or heard this our decree prohibiting the printing of those books, and who
proceeds to print them nevertheless, whether by himself or through his agent, is a
violator of the law and will be “bitten by the snake” [of ostracism, excommunication,
and anathema][15]. Further any person who knowingly purchases from such a
transgressor after hearing of our decree will suffer anathema, while all of Israel who
obey our decree will be blessed. Our decree will remain in force for the period of ten
years, that is until the year 5289 [the Hebrew year spanning 1528-1529]. It applies to all
who have not received permission from the honorable aforementioned Eliyahu or the
aforementioned brothers, and said permission must be in writing.
Those who hear and abide by our words will be blessed, Amen. And he who
purchases the books printed here in Rome by Rabbi Eliyahu and the aforementioned
brothers will “exult and rejoice”[16] with his purchase and there will be upon good tidings
upon him, Amen.
Written and signed this Friday, the fifth day of Tishrei, 5778 [September 10,
1518].
The speaker who is troubled and dejected, “whose heart is empty within him,”[17]
the most insignificant, Yisrael, the son of the rabbi Yehiel, may his memory have a place
Footnotes:
11. Babylonian Talmud, Tractate Kiddushin 59a:71. The interloper is generally regarded as having engaged in immoral, but not illegal conduct. As such a rabbinic court would not require the interloper to deliver the item to the poor person.
12. Babylonian Talmud, Tractate Bava Batra 21b.
13. Tosefot to Babylonian Talmud, Tractate Kiddushin 59a:71. Rabbi Meir ben Samuel was a founder of a school of medieval commentators on the Talmud from northern France and Germany, known as tosafists (or “those who made additions”), and the father of the most prominent tosafist, Jacob ben Meir (Rabbenu Tam).
14. Babylonian Talmud, Tractate Sanhedrin 81a.
15. Nahash, the Hebrew word for “snake” is also an acronym for niddui (ostracism), herem (ban or excommunication), and shamta (anathema), which are different aspects and stages of punishments in which a transgressor is denied a part of community life and religious ritual, with herem being the most severe. They were, collectively, the most effective device for enforcing communal ordinances and rulings in pre-Emancipation Jewish communities.
16. “When the Lord restores the fortunes of his people, Jacob will exult and Israel will rejoice.” Psalms 14:7.
17. “Now You, Oh God, my Lord … save me. For I am poor and needy, and my heart is empty within me.” Psalms 109:21-22.
18. Yisrael Ben Yehiel Ashkenazi was a leading rabbinic authority in Italy.
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