ࡱ> uwtq` 0_bjbjqPqP 7::W+XXX8l*/ $$:::.......$J0h2>..::.B#B#B#` ::.B#.B#B#R1+,: M~X"^%,..0*/C,f2z"p2<,2,)B#7 Cy.."X*/XX Dov Schidorsky THE HEBREW uNIVERSITY OF jERUSALEM THE HEBREW UNIVERSITY`S BOOK SALVAGING ACTIVITIES IN POSTWAR CZECHOSLOVAKIA AND THE PROBLEMS OF RESTITUTION IN ISRAEL My subject is books. Not the money, insurance policies, artwork, or immovable property that the Nazis confiscated and stole, but books entire public and private collections of books and even a single book. Most of the books, by themselves, were of no monetary value or of only little such value. Their importance was and is that they constituted and constitute a link to their persecuted and missing owners a tie to their spiritual world, which was destroyed and is lost. They constitute a shard of memory; their contents represent the spiritual heritage of Judaism, which the Nazis had sought to destroy. After the Holocaust, hundreds of thousands of these books - including forty to seventy thousand books that were found after WWII in various locations in Czechoslovakia - were transferred to the Jewish National and University Library (hereinafter: the JNUL). The books and the libraries had thus come to the same places to which the persecuted Jews had wandered seeking shelter. Schopenhauer claimed that libraries constitute the permanent memory of humanity.Here the traumatic remembrance of the victims was absorbed into the remembrance tradition and was alloted a symbolic location and cultural site in the JNUL in Jerusalem.And so the people of the book as an integrated corporate body could develop and strengthen a collective memory that is intertwined with the fate of the book. In his letter to the Allied leaders dated 20 September 1945, Chaim Weizmann drafted the Zionist policy regarding claims for the restitution of the assets of the dead and heirless Jews. Weizmann sought to prevent the return of the ownerless property to the oppressor countries and to have it entrusted to the Jewish Agency for Israel, which represented the World Zionist Organization. In this letter, he wrote the following: The problem of restitution embraces . . . . valuables of various kinds taken from Jewish institutions and individuals, as well as Jewish cultural, literary and artistic treasures . . . But many of the institutions have been swept away, and will never be restored while considerable numbers of Jews have been murdered and left no heirs It should need no argument to prove that property by crime rendered masterless should not be treated as bona vacantia, and fall to the governments which committed the crimes, or to any other governments, or to strangers having no title to it . . . The true heir, therefore, is the Jewish people and those properties should be transferred to the representative of the Jewish people, to be employed in the material, spiritual, and cultural rehabilitation of the Jews. The Jewish Agency for Palestine therefore makes the following submissions: (a)That with regard to the problem of Jewish property forming the subject-matter of indemnification and restitution, in so far as the individual or communal owners of such property cannot be traced, the title should pass to the representatives of the Jewish people (b)That in so far as such assets are to be employed in rehabilitating in Palestine the Jewish victims of racial and religious persecution, they should be entrusted to the Jewish Agency for this purpose. In accordance with the principles outlined in this letter the Jewish Agency authorized the Hebrew University and the JNUL to represent it with regard to the Jews cultural property and in particular with regard to the Diaspora Treasures (as the manuscripts and books that had been confiscated and stolen by the Nazis were called). At the beginning of 1946, the University established two committees: the Committee to Salvage the Diaspora Treasures and the Legal Committee. The latter committee was charged with providing a legal basis for the restoration of the Diaspora Treasures to the Jewish people.The legal arguments were to be accompanied by a consideration of the relevant perspectives of social justice,morality and practicality all with regard to three claims to be made regarding the treasures:a demand for the return to the Jewish pewople of cultural assets which remained ownerless and heirless ; the claim that the University and the JNUL be recognized as the sole trustees for cultural assets; and the claim for special compensation to be provided out of the cultural treasures located in the public libraries in Germany. The Legal Committee recommended that the Jewish Agency be asked to separate the handling of the cultural property from that of the other assets, and to charge the University and the JNUL with the handling of the former type of property. The Jewish Agency did consequently recognize these institutions rights to serve as trustees for such assets and gave the University a power of attorney to enable it to take the steps necessary to obtain the cultural assets, including the conduct of negotiations with the Allied authorities in Central Europe regarding this matter. In order to implement the above-mentioned policy, the University sent some twelve emissaries to different countries in Europe during the years 1946-1976, including to Czechoslovakia. As is known, hundreds of thousands of books, the remnants of the libraries and collections of the victims and of displaced European Jews, were to be found in various locations in Czechoslovakia. Part of the Reich Security Main Office Library in Berlin, a library created by the Nazis and which included thousands of books and entire collections that had been stolen from Jews, had been evacuated to various castles in Bohemia and Moravia. Another part, which included most of the Hebraica books, was transferred to the Terezin Ghetto. The various places in which the books were sheltered and the manner in which they were taken in at the various castles to which they were brought is described in detail in the published research of Patricia Grimsted and it needs no repetition here.Within the few minutes allocated to me I would like to answer the following questions in brief: who were the Universitys emissaries who operated in Czechoslovakia; what problems did they encounter while transferring the books to Jerusalem; and what is the prognosis regarding the restitution processes for hundreds of thousands of books absorbed in Israel. My comments here are based on the confidential reports of the emissaries that were published in Hebrew in my book Burning Scrolls and Flying Letters which was published by the Hebrew Universitys Magnes Press last year. The first emissary was Gershom Scholem, a professor of Jewish philosophy and an expert on Jewish mysticism, who reached Prague in June of 1946. His main contribution was that he succeeded in having the institutions with whom he conducted negotiations recognize the status of the Hebrew University as the representative of the Jewish people and as the heir of the Jewish cultural assets that remained ownnerless or heirless. He also persuaded these institutions that by virtue of its status as such, the University was entitled to claim these assets and to hold them in a trust framework. Scholem was able to obtain the consent of the Jewish Community Council of Moravia and Bohemia for the transfer of the Terezin books to the Hebrew University in Jerusalem. This consent was accompanied by certain conditions,important as they are it is impossible to dwell upon them now. Regarding the books located in the various castles, he proposed that a commission from the Jewish community go to the castles and examine the books, with the consent of the Czechoslovakian government. Afterwards, negotiations would be conducted with the authorities so that they would waive the formal ownership rights that they held pursuant to the Czechoslovakian law, according to which whatever the Germans had brought into the country belonged to the country. Finally, he proposed, the transfer of the books to University, in trust, could be approved. The second emissary was a librarian and professor of philosophy, Hugo Bergman. Bergman was a Prague native and had previously served as a librarian at the Charles University in Prague. He had contacts and acquaintances at the Jewish institutions and at the Ministry of Education in Prague, dating back from the time that he was the director of the JNUL during the nineteen-twenties. (He had hosted Tomas Masaryk at the time of his visit to Jerusalem in the summer of 1927, and had heard him speak of Zionism and say, I see Zionism above all from the moral side, I see in it a drop of the oil of prophecy.) Bergman stayed in Prague from the 6th through the 14th of November in 1946. He persuaded the Charles University Library to give up their demand to receive the books held at Terezin and persuaded the Ministry of Education to grant approval for the removal of these books. He visited the Nimes Castle and on the basis of Sholems proposals, Bergman conducted negotiations with the Jewish Communities Council regarding the transfer of the books held at that castle. He took care that the Communities Council transmitted to the Czechoslovakian Ministers Council the recommendation that the books be transferred. Dr. Arthur Bergman, Hugos brother, was sent to conclude the negotiations and to implement their outcome. He had worked for the Czechoslovakian Government in the past, and his contacts from that period helped him to carry out the tasks with which he had been charged. He succeeded in advancing the handling of the Terezin books which were stored for delivery at the Prague railroad station. The Nimes Castle books were transferred to the management of the Jewish Communities council and were stored in the Jewish cemetery in Prague. His work regarding the consolidation of bibliophile Sigmund Seeligmanns collection part of which was held at the Nimes Castle and part of which was among the Terezin books should be specially noted. The preparation of the shipment was entrusted to the fourth emissary, Zeev Shek. Shek was a native of Olomouc, a Zionist activist and a Hebrew teacher in Prague, who worked in Czechoslovakia from September 1947 through July of 1948. While using various ploys to work around the standard procedures, as well as his wisdom, Shek succeeded in gathering 35,000 books from the various castles, and thousands of the Terezin books into the Jewish Communitys store-room in Prague. He took care of the sorting and packing of the books, and he handled the export licenses and the deliveries via Antwerp to Palestine. His mission contributed to the fact that the institutions in Czechoslovakia came to understand the need of the hour and were able to appreciate the creative power of the Jewish people in Palestine, who were concerned with the preservation of their spiritual assets in the Diaspora, even as they struggled for survival during the War of Independence in 1948. The emissaries faced numerous obstacles in their attempts to achieve their goals. One main difficulty was presented by the remaining members of the Jewish communities in Prague, where the emissaries encountered opposition or at the very least a pronounced lack of goodwill, which complicated and delayed the negotiations. The discussions held between Scholem and the Council of Jewish Communities of Bohemia and Moravia - which had been given custody of the books that had been transferred from the Terezin ghetto and had originated in the Reich Security Main Office Library in Berlin were a good example of this type of difficulty. The community leaders, who were considered to be Zionists, made various arguments - some quite strange - in opposition to Hebrew Universitys request to receive custody of the books. They argued that they had no right as a community to decide the fate of the books, which had been given to the community in trust; that claims for restitution needed to be made before the books were disposed of; that the books should be kept in Prague because they would be safer there than in Jerusalem; that the Association of German Jews would have to give its consent to the transfer because the Association had had custody guardian of the books in the past; and that the books were to be set aside for a projected institute of Jewish studies in Prague. These differences in the attitudes of the Diaspora communities and those of the Hebrew University and JNUL emissaries with regard to the transfer of the communities collections can only be understood against the background of the internal debates that were held in the immediate post-war era in Jewish Palestine, and later in Israel, as well as in the Jewish Diaspora regarding the revival, restoration and viability of the Jewish communities in Europe after the Holocaust. This debate also explains the Hebrew Universitys policy of seeking to establish exclusive right of the Jewish nation as embodied by the Jews in Palestine (and later, in Israel) to receive the ownerless and heirless cultural treasures. It should be recalled that these European communities had essentially been destroyed, and what remained were survivors, including displaced persons, who had come to their current communities from various different countries. Few of them even knew how to read Hebrew. Despite all the destruction and the economic and existential distress, the idea of re-building viable Jewish communities on the remains of the old ones took form. Of course, the Communists and anti-Zionists generally supported this approach, but, surprisingly, even ardent Zionists in the various communities frequently took a similar position. In contrast, the stand taken by the Hebrew University emissaries was fervently Palestine-oriented they believed strongly that the Jewish communities that had been destroyed during the war should not be revived. And as Hanna Arendt had phrased it:Only in centers of Jewish scholarship and intellectuality could a living tradition awaken. The emissaries activities were also adversely affected by political events that caused various governments to object to the transfer of the books outside the country. For example, after the 1948 Communist Revolution in Czechoslovakia, the majority of the government ministers and of the Zionist leaders who had headed the Czechoslovakian Jewish community retired or were forced to resign, and they were all replaced by individuals with Communist orientations. The process of receiving the many approvals and documents required for the transfer of the books from the Terezin ghetto was consequently slowed down, and the new government placed numerous obstacles in the path of the Hebrew University emissaries, with government clerks doing their jobs as if under duress. In addition to all of the above-mentioned problems, the Charles University in Prague wished to establish a Central Library of Judaism in the context of its National and University Library and it therefore asked that the Judaica and Hebraica be transferred to it. The emissaries reports are worth studying. They supplement each other in terms of the details of the struggle to save the books in Czechoslovakia. They indicate the sense of mission that beat in the hearts of these four emissaries. The first of these had arrived in Prague without any exact instructions, and the absence of any detailed information regarding the locations of the books and of their contents encumbered their activities. Sholem and Shek argued that if they had arrived in Prague in the summer of 1945 at the time of the liberation of the Terezin ghetto, their jobs would have been much easier. Because of the actual timing of their arrivals, the four emissaries required two years of negotiations and tremendous expenses in order to transfer the books to Jerusalem. These negotiations were accompanied by a struggle with an ungainly bureaucracy, by suspicion, and sometimes by a hostile attitude and deliberate deception. The emissaries had to act with great wisdom, to use a cautious and diplomatic approach, and not a few scams in order to overcome the many obstacles that they faced. The considerable expenses were paid by the University with the assistance of the JDC and the Jewish Agency. On the other hand, despite the bureaucratic obstacles it created, the Jewish community eventually related positively to the transfer of the books to Jerusalem and even took part in some of the financing. In addition, the work of Otto Muneles and Hana Velovkova from the Jewish Museum also furthered the goals of the Hebrew University. The available documentation does not provide a satisfactory answer as to the quantity of books that eventually reached Jerusalem from Czechoslovakia. There are no records of the receipt of the books at the JNUL. The books remained in store-rooms in Antwerp for many months. It should be recalled that in December of 1947, transportation to Mount Scopus in Jerusalem became difficult in light of the War of Independence. In April of 1948, such transportation was suspended and at the end of June of the same year, the Universitys campus and its surroundings were declared to be a demilitarized zone, detached from Jewish Jerusalem. The library was required to carry out all its activity in Jewish Jerusalem, in various buildings spread out throughout the city. Storage areas for the absorption of thousands of books were not available, and the books were therefore delayed in the port at Antwerp. One document from the beginning of 1949 states that 70,000 books had been saved in Czechoslovakia and were being held at the Antwerp port, while efforts were being made to transfer the Terezin books. A later document, from the beginning of 1950, indicates that some 40,000 books had left the port of Antwerp and were en route to Israel. The Hebrew University adopted a system of guidelines and supervision, in the context of which policies could be determined regarding the distribution of the books among the JNUL and the Hebrew University departmental libraries on the one hand, and among the JNUL and other Israeli libraries outside of the Hebrew University on the other hand. These mechanisms prevented discrimination and ensured as just a distribution as was possible among the various institutions in Israel, the Hebrew University and the public libraries. One of the systems important components was a public advisory committee comprised of representatives of the institutions that were interested in receiving the books. Such recipients consented to an appropriate set of conditions, such as a ban on the sale of the books and coordinated responses to claims for restitution. An internal university committee determined the policy for the books distribution within the Hebrew University framework. By the mid-1960s, some 300,000 books had found their way to Israels cultural institutions, institutions of learning, and scientific and religious institutions. In recent years, a very important development concerning restitution in the State of Israel has taken place. In February of 2006, a parliamentary commission was established for the purpose of locating and returning assets of Holocaust victims which are located in Israel. Following the commissions deliberations, the Knesset, in December of 2006, enacted the Restitution of Assets of Holocaust Victims Law 2006. There are, located in the State of Israel, many assets which belonged to individuals who perished in the Holocaust and whose heirs, who have rights to these assets, have not yet been located and the assets have not yet been restored to them. These include real property assets, personal property, funds, deposits, securities, insurance policies and various rights. Books and manuscripts are included among personal property. Some of these assets are currently managed by the Custodian General and some are held by private and public entities. As stated above, the books and manuscripts were distributed among many public libraries throughout the country. The Law that was enacted in 2006 is intended to increase the efforts at restoring the assets of Holocaust victims that are located in Israel to the heirs of their previous owners. This is to be done through the establishment of a special Company for this purpose, to whose ownership will be transferred all the assets of Holocaust victims that are located in Israel, and which has been charged To take steps to locate assets of Holocaust survivors and transfer them to the Company. To take steps to obtain information regarding the assets and to locate heirs and the holders of other rights in the assets. To return the Holocaust victims assets or their fair value to those entitled to them. If there are no heirs or any other parties with rights, the Company may sell the assets and make use of the accumulated funds to provide assistance to needy Holocaust survivors, or to support institutions and public entities whose purpose is Holocaust commemoration, documentation, education or explanation. But this is a mixed blessing. According to the letter of the Law, thousands of books that were received in Israeli libraries as cultural assets of Holocaust victims are covered by it, and according to the Law, they are legitimate subjects of the restitution process. In other words, the Law does not distinguish between the different ways in which the assets came to Israel. It does not distinguish between those bought by European Jews and sent and deposited in Palestine before the WWII, those that were contributed to the Israel Museum and those that were purchased by Yad Vashem and in contrast those that came to Israel as a result of the work of the University emissaries. In conclusion, the absence of lists and inventories of the assets that were received and taken in at the JNUL, the distribution and dispersal of some 300,000 books among tens of libraries throughout the State of Israel, the absence of any detailed documentation in the sixty years since they were brought to Jerusalem all these are factors that make the restitution process a very complex one. Given the current circumstances and conditions, the production of proof for each and every item, by autopsy in the stacks, would seem to be - financially and practically speaking - an insurmountable task.      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