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Bidding Information
Lot #    29270
Auction End Date    1/25/2011 12:53:00 PM (mm/dd/yyyy)
          
Title Information
Title (English)    Moda'ah ve-Azhara
Title (Hebrew)    îåãòä åàæäøä
Author    [Polemic - Unrecorded]
City    Jerusalem
Publisher    Defus Y. A. Weiss
Publication Date    1926
          
Collection Information
Independent Item    This listing is an independent item not part of any collection
          
Description Information
Physical
Description
   Poster 510:325 mm., creased on folds. Not in CD-EPI.
          
Detailed
Description
   An announcement and warning from the Rabbis and Rabbinical Courts of Jerusalem and its surrounding area with the subtitle -"to remove an obstacle from the path of the people of G-d." This poster deals with the problem of Hasagat Gevul [the prohibition against entrepreneurial enterprises that threaten a preexisting business, i.e. unfair competition], and the ruling that because of that prohibition, the meat from certain slaughterers is not to be used.

This ruling is followed by halakhic statements of of number of Rabbis, including R. Yaakov Shimshon of Shepetivka [a great halakhic authority], R. Avrohom Yehoshua Heshel of Apt and others whose conclusion is that the meat purchased from those who violated the prohibition of Hasagat Gevul is as "treif" as if it had been slaughtered incorrectly.

Hasagat gevul -- unfair competition: Talmudic sources relating to competition are quoted by the halakhic authorities as prooftexts for copyright issues, especially the fear that someone else will copy an author or publisher’s work and start marketing it, depriving the original producer or publisher of the profits. One source (on Bava Batra 21b) forbids other fishermen from trapping a fish that a fisherman has staked out and is trying to attract to his own net: “[Other] fishermen’s nets should be kept away from a fish [that one fisherman is trying to attract to his net]. [They should keep their nets] the distance that a fish swims. How far is that? Rabba son of Rav Huna says: A parsa.” This and similar sources were applied by the Hatam Sofer (Responsa, Hoshen Mishpat #79) to publishing. The original publisher is like the first fisherman doing all the tedious work involved in authoring a work and/or taking it to press and expecting thereby to profit from his efforts and heavy financial investment. Another who copies it and sells the product himself is like the other fishermen who are prohibited to take away the results of the first fisherman’s labors.

          
Reference
Description
   http://www.darchenoam.org/ethics/copyright/4mod.htm
        
Associated Images
2 Images (Click thumbnail to view full size image):
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  2   Click to view full size  
  
  
Listing Classification
Period
20th Century:    Checked
  
Location
Israel:    Checked
  
Subject
History:    Checked
Polemics:    Checked
  
Characteristic
First Editions:    Checked
Language:    Hebrew
  
Manuscript Type
  
Kind of Judaica
  
Posters:    Checked