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Lot 59

Signed Letter and Halachic Responsum by the Noda BiYehudah – Prague, 1767 / Manuscript Booklets by Querent R. Peretz Frankel, Rabbi of Göding, with Drafts of His Letters to the Noda BiYehudah and R. Gershon Politz, Rabbi of Nikolsburg

Five handwritten booklets, comprising a halachic correspondence between the Noda BiYehudah and Rabbi Peretz Frankel, Rabbi of Göding (Hodonín). [Ca. autumn of 1766-1767]:

· Handwritten booklet, containing: a letter signed by R. Yechezkel HaLevi Segal Landau, Rabbi of Prague, the Noda BiYehudah, and a halachic responsum (7 pages in scribal writing) with additions and corrections handwritten by the Noda BiYehudah, as well as concluding words and another signature by the Noda BiYehudah. Prague, 25th Kislev [November 27] 1766. This responsum was sent to R. Peretz Frankel, Rabbi of Göding (near Nikolsburg, Moravia; present-day Hodonín, Czech Republic). On the outer side is the recipient's address in German, with remains of a wax seal.

· Four booklets handwritten by the querent R. Peretz Frankel, Rabbi of Göding: two drafts of the first question sent to the Noda BiYehudah, one of them titled: "This is the wording that I asked the Gaon R. Yechezkel Landau, Rabbi of Prague"; a draft of a reply letter by the same R. Peretz on the Noda BiYehudah's responsum – with the title: "This is what I replied to the response of the Gaon, Rabbi and yeshiva dean of Prague, R. Yechezkel Segal Landau"; and a draft letter from R. Peretz to a responsum of R. Gershon Politz, Rabbi of Nikolsburg (Mikulov) and Moravia on the subject – entitled: "This is my response to the Gaon, Rabbi of the country, R. Gershon Politz".
These halachic responsa discuss a widow who had a daughter after her husband's death, leading to rumors that her child was from another man. If this were true, her husband would have died childless, requiring her to perform yibum or chalitzah with her husband's brother, who was three years old at the time and, as a minor, would be unable to do so for another ten years. In the present responsum, the Noda BiYehudah permits the woman to remarry without chalitzah, and dismisses the allegations. The present responsum is printed in Responsa Noda BiYehudah (Kama, 69), without the present introductory letter. The remainder of the present manuscript – the questions and responses of R. Peretz Frankel – have never been printed, to the best of our knowledge (the responsum by R. Gershon Politz, Rabbi of Nikolsburg, to which R. Peretz responded, has also, to the best of our knowledge, not been printed, ).
In his letter beginning the booklet, the Noda BiYehudah praises R. Peretz: "Abundant peace and salvation to the sweetened light, rabbi and scholar, excellent and exceptional, sage and scribe… R. Peretz". He writes that although he was busy, he found time to answer the question, which was enclosed, although he apologizes for his delay in responding: "Since I did not have a scribe to copy it, it was delayed until today. Peace from his friend, always seeking his welfare, Yechezkel Segal Landau". After his signature, he adds another line of blessing, wishing peace to R. Peretz's family.
At the end of the halachic responsum in scribal writing, the Noda BiYehudah added two lines in his handwriting, adding that the question should be directed to the Rabbi of Moravia, R. Gershon Politz, Rabbi of Nikolsburg: "However, since this affair took place in Moravia, I do not wish to permit this until my mechutan, the Gaon R. Gershon, Rabbi of the country, issues a permissive ruling. Peace from the above Yechezkel". The last sentence with the signature do not appear in the printed version of Responsa Noda BiYehudah.

R. Yechezkel HaLevi Landau (1713-1793) was a leading halachic authority of all times. From a young age, he was renowned as a leading Torah scholar of his generation. He studied for 17 years in the celebrated Brody Kloiz renowned for study of both the revealed and hidden portions of the Torah, which included such Torah scholars as R. Chaim Sanzer and R. Gershon of Kitov (brother-in-law of the Baal Shem Tov). During those years, he studied the Arizal's writings together with R. Chaim Sanzer, a leading scholar in the Kloiz. There he served for ten years as head of one Beit Din of the four that were in Brody. He went on to serve as Rabbi of Jampol ca. 1745, and in 1754, he began serving as Rabbi of Prague and the region. In Prague, he established a large yeshiva, where he educated thousands of disciples, including many of the leaders of that generation. His disciple R. Elazar Fleckeles, author of Teshuvah MeAhavah, eulogized him: "He edified several thousands of disciples, including hundreds of rabbis and dayanim" (Olat HaChodesh HaShlishi, 17, p. 85a).
Thousands of queries were addressed to him from far-flung places, many of them published in his Noda BiYehudah. The Chida in Shem HaGedolim greatly praises the book Noda BiYehudah as well as its author, describing him as an exceptionally outstanding Torah scholar who disseminated much Torah through his books and disciples, and mentions the acuity and extensive Torah wisdom apparent in his responsa and books. The Noda BiYehudah himself wrote in a responsum regarding one of his novellae, that in his opinion it is "a true matter in the Torah of Moshe" (Even HaEzer, Mahadura Tinyana, section 23, 2). The Chatam Sofer writing of this responsum (in his own responsa, Part II, Even HaEzer, section 95), confirms his assessment: "The word of G-d in his mouth is true".
R. Peretz Frankel, Rabbi of Göding (Hodonín; d. 13th Shevat 1773), a descendant of Rabbenu Peretz the Tosafist. Son and disciple of R. Shlomo, Rabbi of Göding, he served as Rabbi of Mährisch Aussee (Úsov), and was appointed Rabbi of Göding in 1770 (Darchei Moshe HeChadash, p. 24). The present responsum reveals that he was already involved in communal affairs in Göding in 1767. He corresponded on halachic issues with leading rabbis of his generation. A halachic discussion on names in divorce documents between R. Peretz and R. Gershon Politz, Rabbi of Nikolsburg (d. 1772, predecessor of R. Shmelke Horowitz of Nikolsburg), was published in Tzefunot (XV, pp. 24-29).
R. Peretz's descendants include R. Moshe (Maharam) Schick, Rabbi of Khust (1807-1879), whose mother Rivkah (sister of R. Yitzchak Frankel-Schussburg, Rabbi of Frauenkirchen) was a grandson of R. Peretz Rabbi of Göding; his brother-in-law R. Peretz Frankel of Holíč (next to Göding) was also a grandson of R. Peretz Frankel Rabbi of Göding.


5 booklets, containing a total of about 32 written pages (7-page responsum of the Noda BiYehudah, and 25 pages handwritten by R. Peretz Frankel). Approx. 22-22.5 cm. Fair condition. Stains, wear and folding marks. Open tears, affecting text (margins of the responsum of the Noda BiYehudah lack about a half cm throughout).

Provenance: These booklets may have come down to us through the Maharam Schick, Rabbi of Khust, a descendant of R. Peretz Frankel Rabbi of Göding, later passing to a grandson of Maharam Schick – Leopold Klein of Berlin (R. Meir Stein of Trnava, son-in-law of R. Shlomo Tzvi Schick, writes that on his 1915 visit to Berlin, he saw responsa booklets of R. Peretz Frankel; see enclosed material).