Auction 66 - Rare and Important Items
Three books bound together: • Mechilta, Halachic Midrash on Shemot. Venice: Daniel Bomberg, 1545. Second edition. • Sifra, Halachic Midrash on Vayikra. Venice: Daniel Bomberg, 1545. Second edition. • Sifre, Halachic Midrash on Bamidbar and Devarim. Venice: Daniel Bomberg, [1545]. First edition.
Annotated volume, with hundreds of handwritten glosses on Sifra and Sifre, by several writers. This volume was annotated within the framework of the annotation enterprise undertaken by the yeshiva of Egyptian Torah scholars in the turn of the 16th and 17th centuries (see adjoining article), which was headed by R. Betzalel Ashkenazi author of Shita Mekubetzet, and where the Arizal and other disciples of R. Betzalel Ashkenazi studied. The annotators whose handwriting was identified with certainty are R. Chaim Havraya – disciple of R. Betzalel Ashkenazi and one of the authors of Shita Mekubetzet, and R. Menachem de Lonzano, author of Shtei Yadot. Apart from their glosses, there are additional glosses by other writers who were not identified.
Hundreds of glosses, including dozens of glosses handwritten by R. Chaim Havraya (by comparison with his established handwriting). In Sifre, p. 8b, one gloss is signed: "Havraya" (as he customarily signed – see below).
On pp. 38b and 46b of Sifra, and on pp. 22a, 31b, 32a, 55a, 56a and 57a of Sifre – glosses in a handwriting ascribed to R. Menachem de Lonzano.
The contents of the writing correspond with the style of glosses written by Egyptian Torah scholars, and include textual variations, corrections and additions, based on accurate manuscripts in their possession. The glosses of R. Chaim Havraya also contain some of his original commentaries.
Apart from these two writers, there are glosses by other writers, mostly from one writer which we were not successful in identifying (one gloss reads: "…so says the writer, so it is written in Ot Emet, but I say…". Regarding the Ot Emet book, see adjoining article).
On p. 36a of Sifre, a lengthy gloss appears, signed: "Yehuda ibn Moreli", quoting amongst others teachings in the name of R. Astruc Sangi: "…Though I heard from the holy mouth of R. Astruc ibn Sangi, who offered the following explanation…" (R. Astruc ibn Sangi, born ca. 1570, a disciple of the Maharshach in Salonika. He began serving as rabbi of Sofia around 1590; in ca. 1640, he immigrated to Eretz Israel and settled in Jerusalem, where he passed away in 1643. His halachic responsa were published in Responsa of R. Astruc son of R. David ibn Sangi, Moshe Amar edition, Ramat Gan 1982). Two other lengthy glosses by this writer were found in the book.
Ownership inscription on the title page of Sifre: "Yeshivat R. Avraham HaLevi". In Sifra, p. 23a, at the beginning of Parashat Shemini, ownership inscription: "R. Avraham HaLevi" (presumably, referring to the yeshiva of R. Avraham HaLevi author of Ginat Vradim,
rabbi of Egypt).
R. Chaim Havraya, an Egyptian Torah scholar in the 17th century, close disciple of R. Betzalel Ashkenazi author of Shita Mekubetzet. R. Chaim studied in his yeshiva in Egypt, recorded his teacher's lectures, and was a co-author of Shita Mekubetzet. R. Chaim was also proficient in Kabbalah, and copied some homilies of the Arizal's kabbalah (See: Avivi, Kabbalat HaAri, Index of Key Figures).
Several compositions he authored are known to us, including his book of sermons, which contains sermons from 1608-1612, and serves as an exceptional documentation of the Egyptian Torah center in the times of the Shita Mekubetzet, the Arizal, and the local Torah scholars. Reputedly, he delved into Halachic Midrashim, and wrote commentaries to Sifra and Sifre, as he writes in the preface to his commentary on Sifra: "And I named the composition I wrote on Sifre – Sefer Chaim, and this commentary on Sifra – Chever Kohanim, and the commentary which I composed on Haftarot and a bit of verses from the Torah – Chever HaKeini, and the commentary I authored on a few teachings and verses – Etz Chaim…" (HaMaalot LiShlomo, in his entry). The Chida saw the composition Chever HaKeini and mentions it in his book Shem HaGedolim (Maarechet Sefarim, Chet). The manuscripts of these books were in the possession of R. Avraham Gadilia, and he quotes excerpts of them in his commentary to Yalkut Shimoni. Some of these compositions did not survive, and some are extant in manuscript and have not yet been published.
In Shita Mekubetzet on Tractate Chullin, published by the Ahavat Shalom institute (Jerusalem 2003, vol. II), remnants of novellae from R. Chaim Havraya to Tractate Ketubot were printed, from the time when he studied in the yeshiva of R. Betzalel Ashkenazi. The colophon he wrote was transcribed there: "I praise G-d who granted me the merit of studying in the yeshiva of my teacher R. Betzalel Ashkenazi, yeshiva dean in Egypt, from after Sukkot until Parashat Tazria, and I only missed one day under duress…", "This is the booklet of Chaim Havraya which I composed from what I learnt in the yeshiva of my teacher R. Betzalel Ashkenazi, light of the Diaspora". The contents of these novellae appear with variations in the printed Shita Mekubetzet on Tractate Ketubot, which indicates that R. Chaim was involved in the writing of Shita Mekubetzet (see: foreword to Shita Mekubetzet, Ahavat Shalom edition, by R. Elazar Horowitz).
In Beit Aharon VeYisrael, 79 (year 14, I; Tishrei-Cheshvan 1999, pp. 5-8), Torah thoughts from a manuscript of R. Chaim Havraya were printed, where he signed: "the aforementioned Havraya", in a similar style to the signature of one of the glosses in this book.
R. Menachem de Lonzano (1550?-before 1626; known as Ramdal), foremost Torah scholar and kabbalist in the time of the Arizal. He was born in Italy and migrated extensively throughout his life. In 1575, he published his work Derech Chaim in Constantinople, and close
to that time immigrated to Eretz Israel, where he met and became close to the disciples of the Arizal. He first settled in Jerusalem, and then moved to Safed. In 1587, he published there Midrash Agur (Midrash Shloshim UShtayim Midot) which he edited. He later settled in Egypt, and then returned to Jerusalem, from where he reached Damascus, and subsequently returned to Italy. At the end of his life, he returned to Jerusalem, and passed away there. In 1618, he published in Venice his book named Shtei Yadot, comprising ten of his compositions (corresponding with the fingers of both hands). These include: Or Torah, Maarich, Avodat HaMikdash, Derech Chaim, Tova Tochachat and others. For lack of funding, he did not complete the printing of all ten compositions at that time. Over the years, his many works were reprinted in new editions, yet some remained in manuscript form (see a detailed list of his compositions in the foreword to Derech Chaim, Ahavat Shalom, Jerusalem 2012).
R. Menachem de Lonzano toiled extensively over establishing correct texts, whether in Written or Oral Torah, based on early manuscripts, and some of his compositions are built on this study. His book Or Torah, which establishes the text of the Masorah, has become a fundamental reference book for the accurate text when writing a Torah scroll. Likewise, he corrected and edited some of the Midrashim and the Zohar, and wrote glosses on other compositions.
R. Menachem de Lonzano was a kabbalist, he authored several kabbalistic compositions. While in Eretz Israel, he met the disciples of the Arizal and studied from them, as he wrote in his glosses to the Levush (quoted in Matzat Shimurim by R. Natan Shapiro), in relation to the structure of the Tefillin knot: "This knot was concealed from many, and in my youth I found it difficult… and I was not satisfied until I immigrated to Eretz Israel and the disciples of the Arizal fashioned for me a knot in the form of a double Dalet…".
R. Menachem de Lonzano resided for a while in Egypt, presumably around 1610, and he then copied the homilies of the Arizal's kabbalah. In one place, he relates of an argument on kabbalistic topics which he held with R. Chaim Capusi, a leading Egyptian Torah scholar, and he copies teachings of R. Yisrael Binyamin, also an Egyptian Torah scholar and kabbalist of that period. There is another documentation of his stay in Egypt: R. Yosef Sambari in his book Divrei Yosef (Ahavat Shalom edition, p. 53) related that he found a gloss handwritten by R. Menach (to the book Tikun Yissachar, Venice 1579), in which R. Menachem de Lonzano recounted that while in Cairo, he went to the Ben Ezra Synagogue, and personally inspected the Torah scroll attributed to Ezra. In his book Or Torah, he mentions the version he found in Egypt (Parashat Vaera: "And so I found in Egypt"), and in another place he writes: "…and so I found also in the printed Rambam which was edited in Egypt" (ibid, Parashat Yitro).
Three books bound together. Mechilta: 2-37 leaves. Title page torn and mostly lacking. Sifra: 59 leaves. Sifre: 63 leaves. Page size varies, 28.5-29.5 cm. Condition varies: First book in fair-poor condition, with numerous stains, open tears and worming. Two other books in fair-good condition. Stains and minor traces of past dampness. Worming. Many detached leaves and gatherings. Old, damaged binding, detached.
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The Annotation Enterprise of the Egyptian Torah Scholars
In the 16th century, as Hebrew printing became well established, the prevalence of printed books increased and they began replacing manuscripts. The transition between manuscript and print generated an interesting phenomenon amongst Oriental Torah scholars: the correction of mistakes and errors in printed books, based on accurate texts of manuscripts in their possession. One of the renowned projects from that time was the anthology of glosses printed under the title of Ot Emet in Salonika 1565. This book is a compilation of hundreds of corrections to the printed editions of the Midrash books being printed in those days - the early years of the printing press, in Constantinople, Salonika and Venice, based on accurate manuscripts and texts.
The Torah scholars of Eretz Israel and Egypt were particularly engaged in this project, headed by R. Betzalel Ashkenazi and his group, including the Arizal. These scholars worked systematically, with the goal of correcting the error-ridden printed books. The books they chose to correct were generally basic books, such as the printed editions of the Babylonian and Jerusalemite Talmud, the Mishna, the books of the Rif and Rambam, as well as books of Halachic and Aggadic Midrashim. Foremost Torah scholars, including the Arizal, R. Avraham Monson, R. Chaim Havraya and others, sat in the yeshiva of Egyptian Torah scholars, headed by R. Betzalel Ashkenazi, and corrected the printed books, consulting the rich library of manuscripts at their disposal. This study hall also produced the Shita Mekubetzet, written in part by R. Betzalel Ashkenazi and partially by his disciples, including the Arizal and his colleagues. Shita Mekubetzet is an anthology on Talmudic tractates, containing the various opinions of the Rishonim, which these Torah scholars compiled from the host of manuscripts at their disposal. That large library of manuscripts also served as basis for the annotation project. The products of the annotation project survived only in part. Of R. Betzalel Ashkenazi's corrections to the Babylonian Talmud, which originally covered the entire Talmud (as the Chida attests in Shem HaGedolim, in the entry on R. Betzalel), only the glosses to Order Kodashim are extant, and they were printed in the Vilna edition, at the foot of the page of Gemara, under the name Shita Mekubetzet (this composition was arranged for print by his disciple R. Shlomo Adani, who originally named it Melechet Shlomo LeChochmat Betzalel). Corrections to other tractates as well as other works were also published in several places, sometimes only partially. Glosses which are not extant are mentioned in books of leading Torah scholars, such as Sefer HaMugah on Mishneh Torah by the Rambam, which is mentioned in Kesef Mishneh by R. Yosef Karo ("Sefer Mugah, which came from Egypt"), or the glosses to Masoret HaTorah, which are mentioned extensively in Kesef Mishneh and in the books of R. Menachem de Lonzano on matters of Masorah, and others.
![Manuscript, passages on alchemy. Autograph of R. Chaim Vital. [Turn of the 16th-17th century]. Leaf written on one side, two](https://files.kedem-auctions.com/files/Sale66-public/111.jpg "Leaf Handwritten by Rabbi Chaim Vital – From a Composition of Segulot,")
Leaf written on one side, two columns per page. Over 70 lines handwritten by R. Chaim Vital. Section from a composition on segulot, cures and practical Kabbalah, which R. Chaim Vital wrote. This leaf contains special instructions in the science of alchemy (which was considered by kabbalists as related to the secrets of Kabbalah); including instructions and directives on working and refining gold and other precious metals. He guides on how "to melt copper more easily then naturally" (section 63), "to give a beautiful color to poor quality gold…" (section 67), "to make gold or silver into fine, small beads and grains, to fashion from them a piece" (section 68), "to harden quicksilver (mercury) and make it hard like stone so that it can withstand fire" (section 69), and more.
The holy kabbalist R. Chaim Vital (Maharchu) was the foremost disciple and transmitter of the teachings of the holy Arizal. He was born in 1542 in Safed, which was at the time the spiritual center for eminent and G-d fearing Torah scholars. R. Yosef Karo, author of Shulchan Aruch, led the Torah scholars of the city at that time, including the Ramak, R. Shlomo Alkabetz (author of Lecha Dodi), the Mabit, R. Moshe Alshech and others. R. Chaim Vital studied Torah from R. Moshe Alshech, leading disciple of the Beit Yosef. In his book Sefer HaChezyonot, R. Chaim Vital mentions his studies under the Alshech in 1557 (at the age of 14), and relates that R. Yosef Karo instructed his teacher R. Moshe Alshech that year, in the name of the angel who spoke to him, to be very conscientious to teach him with all his might. R. Moshe Alshech also ordained R. Chaim with the authority of the semicha he himself received from R. Yosef Karo. Concurrently, R. Chaim Vital began studying Kabbalah in the study hall of R. Moshe Cordovero, the Ramak. In 1570, R. Yitzchak Luria, the Arizal, moved from Egypt to Eretz Israel and settled in Safed. That year, the Ramak died and the Arizal succeeded him. The Arizal's eminence was recognized in Safed and R. Chaim Vital became his closest disciple and the supreme authority on the Arizal's kabbalistic teachings. For two years, R. Chaim Vital sat before the Arizal and recorded every word his teacher uttered.
The writings of R. Chaim Vital are the fundaments of the Arizal's teachings which were disseminated in later generations. The Chida relates (Shem HaGedolim, R. Chaim Vital) that R. Chaim Vital did not permit anyone to copy these writings, however once, while he was seriously ill, the kabbalists bribed his household members to give them 600 leaves of his writings, which they had copied in three days by "100 scribes". After the passing of the Arizal, R. Chaim Vital moved to Egypt. He then returned to Eretz Israel and resided for a while in Jerusalem, later moving to Damascus where he passed away in 1620. He wrote the primary teachings of the Ari in his composition Etz Chaim and in Shemona Perakim which his son Shmuel Vital arranged following his instructions. Although the Arizal authorized only R. Chaim Vital to write and explain his teachings, compositions written by his other disciples exist as well. The leading kabbalists of following generations constantly stressed that R. Chaim Vital is the supreme authority for explaining the Ari's teachings and warned not to rely on the writings of any other disciple. R. Chaim Vital himself writes in the preface to his book Etz Chaim: "Know that from the day my teacher began to reveal this wisdom, I did not leave him even for a moment. And any writings you may find in his name, which differ from that which I have written in this book, is a definite error since they did not comprehend his words…". R. Chaim Vital attempted to limit spreading the Arizal's teachings and instructed to bury many of his writings on the Arizal's teachings in his grave. Only after his passing did his writings become publicized in various forms and editions. The scholars of his times performed a "dream question", consequently removing many leaves from his grave, which served as a basis for other compositions on the Arizal's teachings (see Kabbalat HaAri by R. Yosef Avivi). The books he wrote of the Arizal's teachings include: Etz Chaim, Shemona She'arim, Otzrot Chaim, Adam Yashar, Derech Etz Chaim, Pri Etz Chaim, Shaarei Kedusha, and other.
This book of cures by R. Chaim Vital is known by several titles: Sefer HaPe'ulot, Taalumot Chochma, Sefer Kabbalah Maasit, Sefer HaRefuot, Refuot U'Segulot. This composition was not printed together with the rest of his writings. Over the years, only a few sections were printed in books of Segulot and cures. Recently, it has been printed in full (Sefer HaPe'ulot, Modiin Illit, 2010).
The Chida wrote of the greatness and holiness of R. Chaim Vital "his soul was very exceptional, and cleaner than that of all other people in his times". It is known that he foresaw many events with his divine spirit. He documented his amazing visions in his diary, which was partially printed under the name Shivchei R. Chaim Vital and was recently published in full in the book Sefer HaChezyonot.
[1] leaf (written on one side). 19 cm. Fair condition. Stains. Tears, repaired. Mounted on paper for restoration.
Booklet of 4 leaves, handwritten by the author – R. Yisrael Yaakov Algazi, with deletions, markings, corrections and interlinear additions.
The following title was written at the top of p. 1a: "I will preach on 4th Iyar 1744, upon hearing the news (of the passing) of R. Chaim Abu[lafia]". The homily begins with the verse: "You shall afflict yourselves, the native and the stranger who dwells among you…".
This homily was not published. The leaves presumably contain the draft R. Yisrael Yaakov Algazi wrote in preparation for the eulogy he was to deliver (as the title suggests: "I will preach…"). The sermon he actually delivered was published in his book She'erit Yaakov (Constantinople 1751, leaf 36). The contents of the printed homily differ entirely from this homily, apart from the opening verse ("You shall afflict yourselves…"). There is one paragraph with similar contents, though with some variations. The title of the printed homily is: "I preached here in Jerusalem 14th Iyar 1744 upon hearing the news of (the passing of) R. Chaim Abulafia".
This homily consists of expressions of lamentation, eulogy and sorrow over the passing of R. Chaim Abulafia, who was the teacher of R. Yisrael Yaakov Algazi in his hometown, Izmir.
The first page contains the conclusion of a different homily, in flowery terms, with supplications for the Redemption and blessing: "Show us, G-d, Your kindness… show us wonders, and remember your only son whom you love, Mashiach of the G-d of Israel, and Jerusalem, heal her breaches and the people who reside there…".
R. Yisrael Yaakov Algazi (1680-1757, Otzar HaRabbanim 12226), was born in Izmir to R. Yom Tov Algazi. He was the disciple of R. Chaim Abulafia (the second – rabbi of Izmir and the one who reinstated the Jewish settlement in Tiberias), whom he eulogizes in this homily, and of R. Yitzchak HaKohen Rappaport author of Batei Kehuna. He immigrated to Jerusalem prior to 1737. He was one of the leading dayanim and Torah disseminators in Jerusalem, a dean of the Beit El yeshiva for kabbalist during the time of R. Gedalia Hayun and the Rashash. From 1756, he served as Rishon LeTzion and rabbi of Jerusalem. His books include: Shalmei Tzibbur, Shema Yaakov, Ar'a DeRabbanan, and more. He published the book Chemdat Yamim and signed his name on the title page "Tolaat Yaakov son of R. Yom Tov Algazi". Some maintain that he actually composed the book. His disciples include leading Jerusalem Torah scholars and kabbalists, including his renowned son R. Yom Tov Algazi and the Chida.
[4] leaves, written on both sides. 16 cm. Good condition. Stains. Light marginal wear. New, elegant leather binding.
Written by a scribe, semi-cursive script, two columns per page, with hundreds of revisions and additions in the author's own handwriting (in Sephardic cursive script – including entire sections in the author's handwriting). [4] leaves of novellae on a few sections of Shulchan Aruch Orach Chaim (written by a scribe, Sephardic cursive script) are bound at the end of the volume.
The manuscript partially parallels (with textual differences) the novellae printed in the author's well-known book Mateh Yehuda on Shulchan Aruch Orach Chaim, and contains many sections which are not found in the printed book. Approximately half the manuscript has never been printed. Most of the additions and revisions in the handwriting of the author were not included in the printed book. Apparently, this is a different edition and possibly a Mahadura Kama of the composition (for example, the section on Halachot Ketanot Siman 140, on p. 165b of the manuscript, was integrated in the printed version within Siman 550:1, with textual differences: "I am surprised at the Mahari Chagiz in Halachot Ketanot Part 2 Siman 140…").
R. Yehuda Ayash (1688-Tishrei 1760) was a prominent Torah scholar of the later generations, in Algiers and Jerusalem. Primary disciple of R. Refael Tzror of Algiers. He served there as a rabbi and preacher, and in 1728, was appointed as the rabbi of Algiers. In 1756, after a tenure of 28 years, he left his position as rabbi and moved to Eretz Israel, travelling via Livorno. Upon arriving in Jerusalem in 1757, he was appointed Raavad of the Jerusalem Beit Din and joined the Knesset Yisrael Yeshiva. Among his books: Mateh Yehuda and Shevet Yehuda on the Shulchan Aruch, Lechem Yehuda on the Rambam, Bnei Yehuda on the Rambam, Responsa Beit Yehuda, Kol Yehuda on the Torah, and more.
He was venerated in his times as a leading Torah scholar, and in his approbation to R. Ayash's book V'Zot LiYehuda (Sulzbach, 1776), R. Yehonatan Eybeschutz refers to him as "rabbi, gaon, glory of the generation… famous among the Jewish people, he is great and his deeds are great". The Maharit Algazi also uses lavish praise in his approbation to the same book. R. Ayash's novellae are much cited in the books of the poskim, such as the Chida and R. Akiva Eger. The Chida refers to him with great reverence and cites him dozens of times in his books. In one place, the Chida writes that he merited thinking along the same lines as R. Ayash: "And now, the book Mateh Yehuda by Mahari Ayash was printed… and I saw that I concurred with his exalted opinion…" (Machazik Beracha, Orach Chaim 47:2). R. Ayash gave an approbation to the Chida's first book, Shaar Yosef (Livorno, 1757).
[20] leaves, comprising approx. 19 written leaves (first 16 leaves paginated: 151-166). 31.5 cm. Fair condition. Stains. Wear and tears, slightly affecting text. Worming and mold. Old binding.
Thousands of lengthy glosses in the margins (most are damaged and trimmed), handwritten by R. David Chaim Corinaldi, one of the renowned commentators of the Mishna. Study of the contents of these glosses discloses that this is a preliminary version of Beit David, his renowned composition on the Mishna.
R. David Chaim Corinaldi – Radak (1700-1770), an Italian Torah scholar and leading commentator of the Mishna. He authored Beit David on the Six Orders of the Mishna (printed in Amsterdam, 1738-1739). He was the son-in-law of R. Yitzchak son of R. Asher Pacifico of Venice. He served as rabbi of various Italian cities. He first lived in Rovigo, and from ca. 1747 served as rabbi of Trieste. He was a posek and grammarian, with extensive knowledge of sciences. He testified that he studied Torah amidst great suffering. Following the publication of his book Beit David, he was involved in a fierce polemic with R. David Pardo, who refutes his writings extensively in his book Shoshanim LeDavid (Venice, 1752). The rabbis of Livorno endeavored to make peace between them, and R. David Pardo subsequently included a special apology at the beginning of the second part of his book. During the course of the dispute, some accused R. David of not being the true author of Beit David, yet R. Yitzchak Lampronti, who was his close friend (and quotes R. David's responsa in Pachad Yitzchak) wrote him a letter to appease and comfort him: "Do not pay attention to all the things said by your adversaries, for this is the way of faultfinders - when they cannot find fault with the composition, they instead criticize the author, and this is the case with your excellent book Beit David… I swear that I never entertained the thought that it was written by anyone else".
R. David Corinaldi would record his novellae as glosses in the margins of his books, and from these volumes, one can deduce that his comprehensive composition on the Mishna was also first written as glosses in the margins of his books. The glosses of R. David Chaim Corinaldi on Shulchan Aruch were seen by the Chida, as he writes in Shem HaGedolim (Maarechet Sefarim, Beit David and Hagahot VeChiddushei Dinim), and he quotes them dozens of times in many of his books (such as Chaim Shaal, Shiyurei Beracha, Tov Ayin, and others).
Two volumes. The volume of Order Kodashim is lacking the beginning, and comprises only Tractates Kritot-Kinnim. Leaves 114-163 only. The volume of Order Taharot is complete: [1], 223 leaves. Approx. 21 cm. Fair-poor condition. Many stains. Extensive wear and worming, affecting text of Mishna and glosses (some leaves are repaired). Margins trimmed, severely affecting text of glosses. New half-leather bindings.
Complete manuscript, in Sephardic cursive script typical of the place and period, with intervals between the paragraphs for inserting additions.
The front endpaper states: "This booklet was arranged and composed by R. Y.B.D. (Yitzchak Bachar David)".
The manuscript was in the possession of the grandson of the author, R. Yaakov son of R. David, who wrote beneath the above inscription: "And I, his grandson, Yaakov Bachar David, added Ashkenazi names". Indeed, throughout the composition, additions handwritten by R. Yaakov are found, many of them consisting of Ashkenazi names (such as Hinda, Hirsh, Wolf, Zalman, Mindel, Feiga, Freida, and others).
In several places, glosses and additions in neat, tiny script, one of them signed: "A.B.Y.". One can surmise that this writer is the son of the author, R. Avraham Bachar Yitzchak. A few glosses from other writers.
This composition, which is quoted extensively in halachic literature and was heretofore deemed lost, is a fundamental work on the rigorous laws of writing a get. The composition documents the rulings of the Divrei Emet, a foremost halachic authority of that generation, for practical usage, as applied in his Beit Din in Constantinople. The Chida mentions this composition in Shem HaGedolim (Maarechet Sefarim, Divrei Emet): "And he has another, lovely composition on the names in divorce documents". This composition, which contains rulings and practical instructions regarding the spelling of names in divorce documents, was available to many of the leading later poskim, while still in manuscript form, and they relied upon it for complex questions concerning these laws. Up until now, this composition was only known from the many citations found in halachic literature, and no copying of it was extant. The composition had gone missing and was considered lost, and only now did it resurface, with the addition of glosses from the author's son and grandson.
The leading Acharonim who quote this work include R. Chaim Moda'i in his book Tiv Gittin (who mentions it under the name: "Nimukim of R. Yitzchak Bachar David"), R. Eliezer de Toledo in his book Mishnat Rabbi Eliezer (who refers to it: "The booklet of Shemot Gittin in manuscript of R. Y.B.D., rabbi of our city"), R. Refael Chaim Menachem Frandji in his book Yismach Lev ("The booklet Shemot Gittin in manuscript, by the famous rabbi, author of Divrei Emet"), R. Aharon Avraham Arroyo in his book Mayim HaChaim ("The words of the Divrei Emet, in the booklet on Gittin in manuscript form, which is available to us"), R. Shmuel son of Chaim Moshe in his book Shemen HaMishcha ("the great R. Y.B.D. author of Divrei Emet, in the manuscript Seder HaGet"), and others. The contents of these citations appear in this manuscript of Shemot Gittin (see enclosed material).
Apart from its halachic significance, the composition contains valuable material regarding the sources of men and women's names, the modifications the names underwent, and other interesting information (such as the secular names used in Constantinople and the vicinity in those days, their meaning in Hebrew, their hypocorism, and more; see Hebrew adjoining article). In several places, the author brings proof from divorce documents drawn up in earlier periods, in Constantinople and other places.
The last three leaves of the manuscript contain (in a different handwriting) Seder HaGet – instructions and directions on writing and handing over a get – in Ladino.
R. Yitzchak Bachar David (ca. 1695-ca. 1752), author of Divrei Emet, a native of Constantinople and one of its foremost Torah scholars. The Chida refers to him in his books as "The leader of the generation" and other such remarkable titles. He served as dayan in Constantinople, alongside the Machaneh Efraim and other foremost Torah scholars, and later, as rabbi. His renown spread throughout the Jewish world already in his lifetime, and the Noda BiYehuda sent him his famous responsum with R. Gershon of Kitov, addressing him with extraordinary titles of honor – see below. After his passing, his book Divrei Emet was published (Constantinople 1760), and it includes halachic responsa, "Kuntressim" with novellae on Talmudic topics, and some of his sermons. Though the book contains only a small part of his teachings, it gained fame already in his generation as a basic book in Halacha and pilpul, and its author's greatness was recognized through it, as the Chida writes (Shem HaGedolim, ibid): "…R. Y. Bachar David… he was the leader of Constantinople rabbis, and his book demonstrates the splendor of his glorious preeminence, and his wide-ranging erudition". The "Kuntressim" section of his book in particular is renowned for its profundity and incisive questions, and was considered at that time one of the prominent books of in-depth study.
R. Yitzchak Bachar David exchanged halachic correspondence with R. Yechezkel Landau, the Noda BiYehuda, who referred to him with great reverence. This correspondence resulted from the famous responsum of the Noda BiYehuda, which stirred up the Torah world at the time, in which he ruled that a certain woman in Brody who had committed adultery was forbidden to her husband. Following this ruling, the Noda BiYehuda and R. Gershon of Kitov (brother-in-law of the Baal Shem Tov), who were being harassed by powerful members of the community – relatives of this woman whom he had forbidden, were compelled to leave Brody, and R. Gershon of Kitov immigrated to Eretz Israel (for further details, see Kedem Auction 63, item 13, and adjoining article). On his way, he passed through Constantinople, where he met R. Yitzchak Bachar David and showed him the responsum of the Noda BiYehuda. The Divrei Emet countered with a lengthy responsum addressed to the Noda BiYehuda, in which he disagrees with his ruling, and the latter responded with a letter refuting the objections of the Divrei Emet. The responsum of the Noda BiYehuda to the Divrei Emet was published in his responsa book (Noda BiYehuda, Even HaEzer, Mahadura Kama, section 73). At the top of the responsum, the Noda BiYehuda wrote: "Says Yechezkel: My responsum reached the hands of the renowned Torah scholar, R. Yitzchak Bachar David in Constantinople, and he replied with a lengthy responsum…". At the beginning of the responsum, the Noda BiYehuda expresses his great esteem for the Divrei Emet with dozens of praises and titles of honor. Further in the responsum, the Noda BiYehuda mentions R. Gershon of Kitov as the one who made the connection between them, and apologizes for having the audacity to counter the objections of the Divrei Emet. Reputedly, the Divrei Emet did not agree to the refutations of the Noda BiYehuda to his objections, and instructed the Brody community to convene a Beit Din and, with his sanction, permit this woman to her husband, which is indeed what they did (as recorded by R. Refael Natan Nata Rabinowitz, in his glosses to Shem HaGedolim, which were published in Yeshurun, 23, p. 271).
This veneration for the Divrei Emet was sustained by the disciples of the Noda BiYehuda. R. Elazar Fleckeles refers to him as "The holy, G-dly man, the great Torah scholar R. Yitzchak Bachar David…" (Responsa Teshuva MeAhava, Part I, section 168), and in a different place, he writes about his teachings: "Penetrating, erudite and true teachings, fortunate is the eye who saw these" (ibid, part III, in the notes following responsum 408). His colleague R. Betzalel Ronsburg wrote about the Divrei Emet: "…and one must obey him, since he is the master, and all his words are like glowing embers" (Pitchei Niddah, p. 61b).
In the following generation, esteem for the book Divrei Emet is found in the responsa of R. Yosef Shaul Nathansohn, author of Shoel UMeshiv. In one instance, he writes: "And behold, today I had the merit of holding a wonderful book, which I have been longing to see for many years, and that is the book Divrei Emet by the great Torah scholar, Bachar David…" (Responsa Shoel UMeshiv, Mahadura Telitaa, section 157). The Shoel UMeshiv then quotes him in several responsa, and concludes one of them with (Mahadura Reviaa, end of section 45): "…and in Birkat HaZevach… he brought this difficulty… and in Tumim… he deliberates on it… and look in Ketzot HaChoshen… who discussed this at length, him and his brother, and had they seen the words of the Divrei Emet on this topic, which address every point in this topic, they would have reveled in the fragrance of his Torah". The reprinting of his book in Halberstadt, Germany, in 1861, demonstrates the high demand for this book in Western Europe.
Another composition authored by R. Yitzchak Bachar David is known of, apart from his book Divrei Emet. Several copyings of it survived in the possession of Constantinople Torah scholars. This work is named Zichronot, and was published in part, in 1977, from a copying belonging to R. Shlomo Eliezer Alfandari, under the name Maarachot Divrei Emet, with the glosses of R. Alfandari. The large part of it remains in manuscript form.
Another composition he authored is this work on Shemot Gittin, which as mentioned was quoted extensively in halachic literature, was heretofore believed to be lost, and has only now reappeared.
R. Avraham Bachar Yitzchak, one of the three sons of the Divrei Emet, who were all Torah scholars and rabbis in Constantinople. The other two sons were R. Yaakov and R. David.
R. [Nissim] Yaakov Bachar David, grandson of the Divrei Emet, was a renowned Constantinople Torah scholar, who served as Chacham Bashi from 1841. At the beginning of his approbation to Shemen HaTov by R. Yaakov son of Yosef HaRofeh (Constantinople 1849), he is referred to with the titles: "The exceptional rabbi, filled with honor of G-d, our master and king, who is crowned with royalty, R. Yaakov Bachar David". He is likewise referred to prominently at the head of his approbation to Yismach Moshe by R. Shabtai Galipoliti (Izmir, 1868), and by R. Chaim Palachi in his book Chukot HaChaim (Choshen Mishpat, section 91; see enclosed material).
[49] leaves. 17 cm. Fair condition. Several leaves in poor condition. Stains and dampstains. Worming and mold to all leaves. Severe damage to first leaves, in lower left corner, affecting text. Lighter damage to other leaves, with loss of words. Original leather binding, damaged.
The manuscript was prepared for "The esteemed Yitzchak son of the elderly R. Yehuda of Pacifico, from the city of Ancona", as is stated on the two title pages. Includes two compositions: "Laws of Shechita – in questions and answers, and their Italian translation" and "Laws of Bedika – with questions and answers, and their Italian translation". The compositions contain a summary of these laws, in form of questions and answers, in Hebrew and Italian alternately.
Each composition has its own title page, illustrated with masterly drawings. The artist signed his name at the foot of each title page: "Created by Yaakov Yisrael son of Yosef Chaim Montefiore".
The first title page features an illustration of two roosters, and the second title page depicts a horned animal. The leaf following the second title page contains a color illustration of a lung.
At the end of the second composition are two pages with color charts, intended to aid in the inspection of lungs (see in this work, pp. 74-76, list of "invalid appearances"). The charts are ornamented in Rococo style with seashells, rocaille and Acanthus leaves.
Every page is delineated with a square border.
The artist, Yisrael Yaakov Montefiore (b. 1748), was a member of the Montefiore family living in Ancona (the Italian branch of Sir Moses Montefiore's family). An illustrated calendar he produced was sold in the past in Kedem (Auction 25, item 10).
[2], 1-23 pages; [2], 1-89, [2] pages + [12] blank leaves. 18 cm. Good-fair condition. Many stains, dampstains. Tears from ink corrosion to borders of some leaves, repaired. Fine, early leather binding, with gilt blocking.
Neat Yemenite script, with kabbalistic diagram, Angels' seals and unusual letters, Magen David emblems, tables and sketches containing kabbalistic combinations of names and letters.
Many leaves contain texts of amulets, Hashbaot and segulot, for protection, success, recovery and salvation in various situations. To name a few: "For a place of danger", "To cause an enemy to die", "To see and not be seen", "To annul evil gossip and incline people in your favor", "A good amulet for all situations", "To bring peace between husband and wife", "So that snakes should not harm", "So that thieves should not enter the house", "To see Paradise in a dream", "For one who wishes sustenance and livelihood", "For protection on a journey", "For pregnancy", "For protection from miscarriage", "To protect a home from thieves", "To succeed in having the journey shortened", "To compel a judge or dayan to comply with one's wishes", and more.
The beginning of the manuscript contains a composition named "Sod Nikudei Shemot" – the different ways of vocalizing the name of G-d and their actions (including: "To annul sorcery so that it may have no power over him", "to be a person who is successful in his endeavors", "To protect from harm while travelling on a ship and on any body of water", "After achieving preeminence, not to lose this position", and more).
The names of the other compositions include: "Goralot Daniel", "Yichud LeAdam Meshuamam", "Sefer HaMifalot", "Kabbalah Maasit", "Sefer HaChol L'M. Shalom Shabazi", "Sefer HaPe'ulot", "Sefer HaShe'elot by R. Avraham ibn Ezra", "Chochmat HaTechuna", "Sefer HaPirkus", and others.
Leaves [8-12] contain various "secrets": "The secret of the letters of the Tetragrammaton", "Secret of the ways of G-d", "Secret of the forty luminaries", "Secret of the travels of the Jewish people leaving Egypt", "Secret of one who wishes to use Hashbaot of angels", "Secret of the names of the four rivers" and more.
On leaf [17]: "Said the author, we saw in the compilations of the sage R. Menachem Recanati a composition of the Amidah prayer regarding the request to destroy the enemies of Israel, and we decided to copy it…".
The writer's colophon appears on p. [168a]: "…Yuda son of Haron Hoter, may G-d grant me the merit of producing many books… and it was completed on Rosh Chodesh Shevat...".
Several familial inscriptions from the writer, regarding the birth of his daughter in 1881, his son in 1883, and another son in 1899. In two places, glosses signed with a calligraphic signature: "Yuda son of Haron Hoter".
Pieces of paper and handwritten leaves are interspersed between the leaves of this volume (some contain records of dreams, names of sick people requiring amulets, and more). At the end of the volume, gatherings of leaves and single leaves were inserted – some from other manuscripts on segulot and lots.
The writer, R. Yehuda son of Aharon Hoter, was one of the first immigrants from Yemen to settle in Jerusalem. He was presumably born in Sanaa. In 1876 and again ca. 1841, he travelled to Alexandria, Egypt, for commerce or some other reason, and eventually returned to Yemen. On his second trip, he first visited Jerusalem, and ca. 1884, he immigrated and settled there. In Jerusalem, he was very active as one of the Torah scholars and leaders of the Yemenite community and was also renowned as an expert scribe. Several manuscripts he wrote are extant, including his composition Ofer HaAyalim, a historic documentation of the tribulations of the first Yemenite immigrants to Jerusalem (see: Yosef Tovi, the Ofer HaAyalim Booklet by R. Yehuda son of Aharon Hoter HaKohen, Moreshet Yehudei Teiman, Jerusalem 1977, pp. 150-165). This manuscript may have been written whilst he was still in Yemen, yet it contains several glosses or additions written in Jerusalem (one of the blank leaves contains lists of names written in Jerusalem, including names of rabbis, philanthropist and lobbyists, such as: Baron Rothschild, Baron Hirsch, R. Natan Bamberger Rabbi of Würzburg, and others. On other blank leaves, texts of documents written in Jerusalem were copied: Ketubah, letter of attorney, divorce document).
Several leaves bear stamps of "R. Rachamim Chaim Katz… of Jerusalem".
[170] leaves + [67] leaves. 23 cm. Fair-good condition. Stains, tears and wear. Many detached leaves. Original leather binding, damaged.