Handwritten volume, novellae and homilies handwritten by R. Yosef son of R. Yaakov Pinto of Marrakesh, author of Lekach Tov, and his son R. Shlomo Pinto. [Marrakesh, 18th and 19th centuries].
The volume contains two manuscripts bound together, one handwritten by R. Yosef Pinto and the other handwritten by his son R. Shlomo Pinto, with several leaves written by others and signed by Marrakesh rabbis.
· Leaves 1-139 – manuscript, novellae on R. Eliyahu Mizrachi's Torah commentary (the Re'em), on most of the Torah portions (up to Ki Tetze), handwritten by R. Shlomo son of Yosef Pinto of Marrakesh. Up to leaf 91 appears a neat copying of the work (on all of the Torah portions of Bereshit), after which the work continues (on the following Torah portions) in a hastier and less careful handwriting, apparently an earlier copying by the author (several leaves of overlapping text between Torah portions Vayishlach-Vayechi).
At the end of each Torah portion, in the neat copying (apart from Vayechi), the writer signs his name "Shlomo Pinto". In many places he signs his full name (for instance p. 78a) or initials (for instance pp. 8a, 114a) at the ends of paragraphs.
On p. 49b, he mentions his father R. Yosef Pinto at the end of a passage: "This is what my father and master… R. Yosef Pinto interpreted"; as well as his grandfather, kabbalist R. Yaakov Pinto, Rabbi of Marrakesh, on p. 47b: "But the kabbalist… R. Yaakov Pinto the great interpreted… This is what I, his disciple and grandson, found in his book".
Apart from this, he quotes insights of leading rabbis of Marrakesh, including his uncle R. Avraham Pinto (in various places in the manuscript), R. Shlomo Assebag (p. 9a), R. David Tzabach (ibid.), R. Musa son of David Ochayon (p. 15a) and others.
He further copies sections from Karnei Re'em or Toafot Re'em by R. Yaakov Berdugo of Meknes (see: Malchei Rabanan, p. 22b; this work, which has evidently never been published, is also called Toldot Yaakov – in NLI Ms. Heb. 1448=28). On p. 121a: "Copied from the book of… R. Moshe Abuzaglo".
On p. 9b, at the end of the chapter on Lech Lecha, after the signature, appears a lengthy gloss handwritten by R. Yaakov Bitan. The gloss begins: "All this is not clear to me…" and concludes with his signature: "This is what seems to be in my humble opinion on Tuesday, 11th Cheshvan, 1855, when I happened to have this book momentarily, signed Yaakov Bitan" – R. Shmuel Yaakov Bitan (d. 1872), a leading rabbi of Marrakesh in his times (for more about him see: R. Yosef Hillel, Matzevot Marrakesh, Jerusalem, 2016, p. 126).
After this gloss is added a short gloss by another writer, signed "David Ben Shlush" – R. David Shlush, also a rabbi of Marrakesh (see: Matzevot Marrakesh, p. 646).
On first leaf of manuscript, many pen trials, including decorated signatures of R. Shlomo Pinto and a lengthy ownership inscription by him. This leaf also contains signatures of "Chaim son of Shem Tov" as well as an inscription mentioning "the holy rabbi, the divine teacher, the excellent rabbi… unique in his generation, one of a kind, the great eagle, our teacher and rabbi… R. Yosef Pinto…".
· Leaves 159-238 – Manuscript (on smaller leaves), most of which is an autograph of R. Yosef son of R. Yaakov Pinto of Marrakesh (father of the above R. Shlomo), containing various novellae and homilies, sometimes referencing the weekly Torah portion and others on different matters (as on p. 217b: "On drought"), also including questions he was asked and other matters. On p. 218a: "The matter of reincarnation…".
Sometimes he signed his name (as on p. 165a) or initials (pp. 198b, 228b and more) at the end of passages. On p. 184a is a section beginning: "What seems in my humble opinion, Yosef Pinto…". On p. 200a is an additional signed note by his son: "… Shlomo Pinto".
On p. 177b, he mentions his brother – R. Avraham Pinto (son of R. Yaakov Pinto): "In the name of my brother R. A[vraham] P[into]…".
At the beginning of the volume are two leaves which belonged to the manuscript (without the later pagination), also including inscriptions handwritten by R. Yosef Pinto on the births of his descendants. Included is an inscription on the birth of his son R. Shlomo: "My son Shlomo was born to me in the month of Av… 1805", as well as another son and daughter, Avraham and Mira, in 1808 and 1810, and on the birth of his grandsons Yitzchak, in 1804 and Yosef, in 1808.
Between the leaves of the volume appear several leaves and inscriptions written by others:
On p. 7a, signed inscriptions: "Yosef son of Shlomo Pinto" (son of R. Shlomo, grandson of the first R. Yosef).
On p. 35b: "I am Shlomo son of Masud…".
Leaves 143-158 are written in several different hands, by unidentified writers.
Leaves 143b-144 contain a copying of selections from the work of R. Avraham Pinto (son of R. Yaakov Pinto and brother of the above R. Yosef) on the Mizrachi, with the title: "Copied from the book of R. Avraham Pinto".
On p. 156b: "So I found written by R. Masud ibn Mocha".
On leaf 218 (in the part of the manuscript by R. Yosef Pinto), inscription by another writer, mentioning among other things: "In the merit of my father and master, and in the merit of my master the pious, holy R. Yaakov Pinto, and in the merit of our master R. David ibn Baruch, and in the merit of R. Avraham Azulai…".
On p. 167b (in the same part), inscription: "This book belongs to the perfect scholar R. Shlomo Pinto son of… R. Yosef Pinto".
On p. 91a: "This object belongs to… R. Shlomo Pinto son of… R. Yosef Pinto, signed Moshe ibn Machluf Alcharar…". Additional inscription by him on p. 1b (in Judeo-Arabic and Hebrew): "This volume belongs to… R. Shlomo Pinto…".
On p. 179a: "Introduction to Goralot". On following page, table for performance of Goralot.
On leaf 180, ketubah formula for yibum.
R. Yosef Pinto (d. 1820), a rabbi of Marrakesh, one of the five sons of the kabbalist R. Yaakov Pinto (illustrious Rabbi of Marrakesh and one of the authors of Mikdash Melech edited and published by R. Shalom Buzaglo). The author of Malchei Rabanan writes that miracles were a common occurrence for him. In an emissary certificate given to one of his descendants it is further stated that he "attended to the prophet Elijah…" (R. Shlomo Zalman Miyara, Marrakesh VaChachameha, Elad 2015, p. 349). He was known for his sermons, which circulated in manuscript in Morocco, and were recently published in Lekach Tov (three volumes, Jerusalem, 2009). From an examination of samples of the text, it appears that the present novellae and sermons do not appear there.
His son, R. Shlomo Pinto (d. 1870; his father's inscription in the present manuscript gives his year of birth as 1805, see above), also a Marrakesh rabbi. For information on him see: Matzevot Marrakesh, p. 546 (and see ibid., p. 11, for a facsimile of his signature with other Marrakesh rabbis in 1864). Parts of his commentary on the Mizrachi in the present manuscript have been copied in other manuscripts (such as Mosad Harav Kook Ms. 146, and NLI Ms. Heb. 7687=28), but the present work is the author's full-length autograph. To the best of our knowledge, this work has never been published.
[2], 242 leaves (later foliation, in pencil). Several blank leaves in various places in the volume. Part of manuscript by R. Shlomo Pinto: approx. 20-21 cm; part of manuscript by R. Yosef Pinto: 19 cm. Condition varies; fair-good. Stains, tears and wear. Worming to several leaves. Open tears to many leaves in part of manuscript by R. Shlomo Pinto (in the earlier copying), mainly to margins, affecting text. New binding.
Manuscript Collection of Moroccan Rabbis – The Abensour Family
In the 1960s, the Klagsbald collection was supplemented by a particularly important collection – the manuscripts of the Abensour (Ibn Tzur) family of Fez. The collection contains many volumes comprising halachic rulings and correspondence of leading Moroccan rabbis, centering around the figure of R. Yaakov Abensour, the Yaavetz, a leading Moroccan Torah scholar and Rabbi of Fez, and an ancestor of the family. The collection was painstakingly assembled by R. Refael Abensour the youngest (see below) and was held in its entirety by the Abensour family in Fez until its purchase by Victor Klagsbald. This collection is of inestimable importance as an immense and rare compilation of the Torah teachings and halachic rulings of generations of Moroccan rabbis, kept in its entirety over many generations. Many parts of this collection have yet to be studied and published. Furthermore, the present collection preserves an unparalleled, comprehensive assemblage of autograph manuscripts – handwritten by the leading rabbis of Morocco, with their unique, calligraphic signatures, first and foremost by the Or HaChaim and his peers.
R. Yaakov Abensour – the Yaavetz
The centerpiece of the collection is comprised of numerous halachic rulings and autographs by R. Yaakov Abensour, the Yaavetz (1673-1752; Malchei Rabanan, pp. 64-65), a most prominent and illustrious figure of Moroccan Jewry. A leading halachic authority of his generation (the generation of the holy Or HaChaim and his teachers), a poet and a kabbalist, also well versed in practical kabbalah. At the age of twenty, he was appointed scribe of the Beit Din of R. Vidal HaTzarfati, R. Menachem Serero and R. Yehudah ibn Attar in Fez. He then authored Et Sofer – laws and customs of halachic documents. With the passing of R. Vidal HaTzarfati, R. Yehudah ibn Attar was appointed head of the Beit Din and the Yaavetz became his fellow dayan.
The Yaavetz (along with R. Yehudah ibn Attar and other leading Torah scholars of the generation) authored the approbation to Chefetz Hashem by R. Chaim ibn Attar, the Or HaChaim (printed in Amsterdam, 1732). Following R. Yehudah ibn Attar's passing, the Yaavetz succeeded him as head of the Fez Beit Din, and became the supreme authority in Morocco, responding to halachic queries from throughout the Maghreb. The Yaavetz was compelled to leave Fez several times. Between 1719-1728 he resided in Meknes, and during the famine of 1738, he wandered to Tétouan. In these places he was also received with great honor and joined the local rabbis in the Beit Din, even heading the list of signatories on Beit Din rulings. In his later years, he appointed five of his disciples to assist him in leading the community, who became known as "the Beit Din of Five", serving as the leaders of the community in his old age and after his passing. He wrote numerous halachic responsa and other works. Some of his responsa were published in his two-part book Mishpat UTzedakah BeYaakov (printed in Alexandria, Egypt, 1894 and 1903), some were published in the books of his contemporaries, and the rest remain in manuscript form.
The Yaavetz was renowned for his poetical talents, demonstrated in the poetry collections he authored, including his renowned book Et Lechol Chefetz (Alexandria, 1893), containing some four hundred piyyutim and poems he composed. The Chida describes him and his works in Shem HaGedolim, and also mentions the Yaavetz's practice of annotating his books with numerous glosses: "…He authored numerous works, and beyond the many books he authored, all his books are replete with his marginal notes. And he was also acquainted with practical kabbalah" (Maarechet Gedolim, Yud, 256); "Et Sofer, manuscript, authored by R. Yaakov Abensour, regarding the correct way of writing halachic documents, and he authored numerous works… and he also wrote extensively in the pages of his books, and he was well versed in all the customs of the rabbis who were exiled from Spain during the expulsion, and he left no topic untreated, major or minor…" (Maarechet Sefarim, Ayin, 31).
Descendants of the Yaavetz, the Abensour Family – Rabbis of Fez
R. Yaakov Abensour was succeeded by generation after generation of leading Torah scholars in Fez. Their handwriting and signatures appear in the present volumes:
R. Refael Oved Abensour (1706-1769; Malchei Rabanan, p. 105a), son of R. Yaakov Abensour, and the only of seventeen sons to outlive his father. Already during his father's lifetime (starting in 1750) he began to serve as dayan in the "Beit Din of Five" in Fez.
His son, R. Shlomo Shmuel Abensour (d. 1792; Malchei Rabanan, leaf 122), served as dayan in Fez alongside R. Eliyahu HaTzarfati and R. Matitiah Serero.
R. Shlomo Shmuel Abensour had two sons: R. Yaakov Abensour (the second; d. 1850; Malchei Rabanan, p. 65a), whose son was R. Shlomo Eliyahu Abensour (1822-1873; Malchei Rabanan, p. 116a), a rabbi of Fez, an author and a proofreader.
R. Shlomo Shmuel's second son was R. Refael Abensour (d. 1826; Malchei Rabanan, p. 105a), dayan in Fez, author of Zikaron Livnei Yisrael and other works.
His son, R. Shlomo Abensour (1805-1843; Malchei Rabanan, p. 116a), a rabbi of Fez, author of Pnei Shlomo on the Shulchan Aruch, Zivchei Ratzon on the laws of shechitah, and more.
His son, R. Refael Abensour the youngest (1830-1916; Malchei Rabanan, p. 105b), succeeded his progenitors as Rabbi of Fez. Author of responsa and novellae, and editor of his ancestors' writings.
The Work of Rabbi Refael Abensour the Youngest and the Present Collection
One of the great undertakings of R. Refael Abensour (the youngest) was the gathering and preservation of the writings of Moroccan rabbis. He was an avid bibliophile and possessed an important library comprising manuscripts and books he inherited from his forebears, supplemented with books and manuscripts he purchased or otherwise attained.
According to Malchei Rabanan (p. 105b), "Out of his love for Jewish literature, he collected many books in all areas of the Torah, in addition to numerous books he inherited from his holy forebears, and he left behind a large treasury full of books, including some manuscript books of the rishonim. And he would never ignore even a single manuscript leaf; he gathered dispersed leaves and bound them into volumes until eventually he left behind many volumes".
The Dovev Siftei Yeshenim society was established ca. 1890, with the goal of publishing the works of his ancestors and other rabbis of Morocco. This society was established by R. Refael Aharon Ben Shimon, a Moroccan-born rabbi in Egypt. R. Refael Abensour was the driving force behind the society, and his library of manuscripts formed the basis for its publications. The important books published included Responsa Mishpat UTzedakah BeYaakov, printed in two volumes in Alexandria (1894-1903). This book, featuring the halachic rulings of R. Yaakov Abensour, is effectively a highly important treasury of edicts, responsa and halachic rulings by generations of Moroccan rabbis from various cities, from the 16th century through the generation of the Yaavetz and concluding with the generation after the Yaavetz, when the Beit Din of Five flourished in Fez. The book is a diverse repository of halachic rulings of the great Moroccan rabbis of those generations. Many of the rulings included therein were printed from the collected volumes presented here, deriving from the collection of R. Refael Abensour (all volumes contain inscriptions in his handwriting, including pagination and catalogue numbering of the volumes). Nonetheless, many of the halachic rulings and responsa in the present items have not yet been published.
These volumes, collected by R. Refael Abensour, feature the handwriting and signatures of celebrated rabbis of Morocco, including the teachers of the Yaavetz and leading rabbis of Fez in the preceding generation, as well as leading rabbis of Morocco who were associates of the Yaavetz in Torah learning and friendship, some of whom also served as his fellow dayanim, especially in Meknes, where the Yaavetz stayed several years and served as dayan.
Other Important Rabbis of Fez whose Handwriting and Signatures Are Featured in These Volumes
The teacher of the Yaavetz – R. Yehudah ibn Attar, Mohariba (1655-1733; Malchei Rabanan, leaves 46-47), a prominent rabbi of Morocco and chief of the rabbis of Fez, author of Minchat Yehudah. Moroccan Jews referred to him as "Rabbi Elkabir" (the great rabbi) and tell many wondrous tales of him. The Chida writes of him in Shem HaGedolim: "Miracles were a common occurrence for him, and I have heard several wonders that were performed for him both during his lifetime and after his passing, both for those who prayed at his gravesite as well as those who swore in his name… I heard from the holy rabbis of North Africa… that he was thrown to the lions and saved after he stayed there a day and a night, and there was a great sanctification of G-d's name. All people would swear oaths in his name, and those who swore falsely would die…".
Other leading rabbis of Fez from the generation preceding the Yaavetz are: R. Menachem Serero (d. 1701; Malchei Rabanan, leaf 83), teacher of R. Yehudah ibn Attar and the Yaavetz; R. Vidal HaTzarfati (the third, 1631-1704; Malchei Rabanan, p. 31a), another teacher of the Yaavetz.
Also included are halachic rulings and signatures of dayanim of the "Beit Din of Five in Fez", which was active after the Yaavetz under his disciples, including: R. Eliyahu HaTzarfati (1715-1805; Malchei Rabanan, p. 20b), R. Shaul ibn Danan (Malchei Rabanan, p. 111b), R. Moshe ibn Zimra (d. 1778; Malchei Rabanan, leaves 89-90) and R. Matitiah Serero (d. before 1790; Malchei Rabanan, p. 98a).
Further included is the handwriting and signatures of R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, leaves 120-121), a leading rabbi of Fez during the generation of R. Yehudah ibn Attar and the Yaavetz, a friend of the Or HaChaim. The Chida writes of him (Shem HaGedolim, entry Oz VeHadar): "…And I heard from disciples of his disciples how great he was in deep, straightforward study in halachic ruling, and he was fluent in what he had learned… R.
