LRB · Judith Butler · Who Owns Kafka? An ongoing trial in Tel Aviv is set to determine who will have stewardship of several boxes of Kafka’s original writings, including primary drafts of his published works, currently stored in Zurich and Tel Aviv.
As is well known, Kafka left his published and unpublished work to Max Brod, along with the explicit instruction that the work should be destroyed on Kafka’s death. Indeed, Kafka had apparently already burned much of the work himself. Brod refused to honour the request, although he did not publish everything that was bequeathed to him. He published the novels The Trial, The Castle and Amerika between 1925 and 1927. Kafka’s Last Trial. The contents of Brod’s suitcase, meanwhile, became subject to more than 50 years of legal wrangling.
While about two-thirds of the Kafka estate eventually found its way to Oxford’s Bodleian Library, the remainder — believed to comprise drawings, travel diaries, letters and drafts — stayed in Brod’s possession until his death in Israel in 1968, when it passed to his secretary and presumed lover, Esther Hoffe. After Hoffe’s death in late 2007, at age 101, the National Library of Israel challenged the legality of her will, which bequeaths the materials to her two septuagenarian daughters, Eva Hoffe and Ruth Wiesler.
The library is claiming a right to the papers under the terms of Brod’s will. The case has dragged on for more than two years. If the court finds in the sisters’ favor, they will be free to follow Eva’s stated plan to sell some or all of the papers to the German Literature Archive in Marbach. Judith Butler refuses Berlin Pride Civil Courage Prize 2010.