Auction 86 - Part I - Rare & Important Items
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![She'iltot of R. Achai Gaon, on the Five Books of the Torah. [Venice: Daniel Bomberg, 1546].
Copy of R. Moshe Galante – HaRa](https://files.kedem-auctions.com/files/Sale86a/48_1.jpg "She'iltot – Venice, 1546 – Glosses of the Kabbalist Rabbi Yaakov Tzema")
![She'iltot of R. Achai Gaon, on the Five Books of the Torah. [Venice: Daniel Bomberg, 1546].
Copy of R. Moshe Galante – HaRa](https://files.kedem-auctions.com/files/Sale86a/48_2.jpg "She'iltot – Venice, 1546 – Glosses of the Kabbalist Rabbi Yaakov Tzema")
Copy of R. Moshe Galante – HaRav HaMagen (first Rishon LeTzion), with glosses handwritten by the kabbalist R. Yaakov Tzemach.
Signature of R. Moshe son of R. Yehonatan Galante on leaf 2, within the frame surrounding the initial word "Bereshit".
Marginal glosses handwritten by the kabbalist R. Yaakov Tzemach, most of them signed (as he was accustomed to, at the beginning of the gloss): "Tzemach". The present volume contains over fifteen glosses, mostly trimmed; eight of which are signed.
Additional inscriptions on leaf 2: "To the rabbi, son of Asher" (this may be referring to R. Avraham ibn Asher, a Jerusalem Torah scholar, who travelled as emissary together with R. Yitzchak Zerachia Azulai); trimmed inscription in the margin about the birth of a son named Moshe; unidentified calligraphic signatures, partly trimmed ("Moshe ---").
Signatures in the historiated initial words of each book of the Torah: "Sr. Rafael de Picciotto". The de Picciotto family were known as wealthy philanthropists, who held consular positions for European countries in Aleppo and other places (several members of the family were named Rafael). Inscription on leaf 35: "This Imrei Shefer belongs to the Marpeh LaNefesh yeshiva" (yeshiva founded in 1797 by Sr. Rafael Picciotto and his representative R. Yom Tov Algazi; see: Shevet VeAm, VII, p. 168).
HaRav HaMagen – R. Moshe son of R. Yehonatan Galante, author of Zevach Shelamim and Korban Chagigah (1620-1689). Born in Safed, he was named after his grandfather, R. Moshe Galante the first. He studied under the Safed Torah scholars, later relocating to Jerusalem where he established his Beit Midrash. His leading disciples were: his brother-in-law, R. Moshe ibn Habib (who succeeded him as Rishon LeTzion), his son-in-law R. Yisrael Yaakov Hagiz author of Halachot Ketanot and his grandson R. Moshe Hagiz, R. Chizkiyah da Silva author of Pri Chadash, R. Avraham Yitzchaki, and others. Many of his disciples later served as rabbis of Jerusalem. R. Moshe Galante was the leading rabbi of Jerusalem at a time when it was home to eighty-seven outstanding Torah scholars (see Shem HaGedolim by the Chida on R. Moshe Galante). He was the first to carry the title of Rishon LeTzion. Reputedly, all the Torah scholars in the city bowed to his authority and deferred to his Torah knowledge, yet in his great humility he refused to carry the title of Rabbi of Jerusalem, he was therefore only referred to as Rishon LeTzion, and this is the title given since then to the chief rabbi of Jerusalem (Frumkin, Toldot Chachmei Yerushalayim, part II, pp. 57-58).
R. Yaakov Tzemach (1584?-1667), a G-dly kabbalist, leading transmitter of the teachings of the Arizal as explained in the writings of R. Chaim Vital, and foremost compiler and editor of the writings of the Arizal. He was the disciple of R. Shmuel Vital. Born to a family of Marranos in Lisbon, Portugal, he studied medicine there and became an expert physician (as the Chida describes him in his entry in Shem HaGedolim). In Portugal, he lived as a Marrano. At the age of 30, he moved to Salonika, where he started observing Judaism openly and studying Torah. In ca. 1619, he immigrated to Safed, where he began applying himself to Torah study with extraordinary diligence, living a life of deprivation with scant sleep. He spent six years studying the entire Talmud, Rambam, Tur with Beit Yosef, and all the books of the Levush. At the end of this period, he began dedicating his nights and Fridays to the study of Kabbalah. He later devoted all his energy and time to acquiring manuscripts of the writings of the Arizal, editing them, compiling them in various formats and correcting them. He is renowned for his books Kol BeRama – commentary on the Idra, and Nagid UMetzaveh – compilation of the Arizal's practices in Mitzvah observance. He relocated to Damascus in ca. 1625-1630, where he studied Kabbalah under R. Shmuel Vital. Every Shabbat, he would sit in his teacher's home studying the original manuscript of Etz HaChaim, handwritten by R. Chaim Vital. In 1640, he returned to Eretz Israel, and lived in Jerusalem until his passing. While in Jerusalem, he obtained the buried manuscripts of R. Chaim Vital – the Mahadura Batra writings, which even his son R. Shmuel Vital did not have access to (these writings were buried upon the instructions of R. Chaim Vital in the Safed cemetery, and were exhumed decades later by "holy rabbis of the generation, through yichudim… with his consent in a dream question" – Shem HaGedolim by the Chida, Chet, 21). In light of these discoveries, R. Yaakov Tzemach began rearranging all the writings of the Arizal. He composed over twenty works, mostly on kabbalah, but also on revealed parts of the Torah. Approximately half of them have as yet not been published. The most renowned books of the teachings of the Arizal, such as Otzrot Chaim, Kehillat Yaakov, Adam Yashar and others, were published based on the redactions by R. Yaakov Tzemach and his disciple R. Meir Poppers. These works were widely distributed and the leading kabbalists of subsequent generations studied the Arizal's kabbalah through them.
The son of R. Yaakov, R. Avraham Tzemach, was a Torah scholar in Jerusalem who served as dayan in the Beit Din of R. Moshe Galante. This book may have been passed on by him from R. Yaakov Tzemach to R. Moshe Galante. The book later reached the wealthy Rafael Picciotto and the Marpeh LaNefesh yeshiva which he founded in Jerusalem.
2-30, 32-46, 48-62 leaves (originally: 62 leaves). Lacking title page and leaves 31 and 47. 26 cm. Fair condition. Stains, including dampstains. Worming, affecting text. Tears and open tears to first leaf, affecting text, repaired with sellotape. Leaves trimmed close to text in several places. Without binding.
A ninety-leaf manuscript handwritten by R. Yehuda Aryeh of Modena – an index he composed of the sayings and maxims in the book Ein Yaakov.
R. Yehuda Aryeh of Modena (1571-1648), a prominent Italian Torah scholar in the 16th and 17th centuries, and author of many books in different fields. He served as dayan and preacher, scribe, poet and proofreader, in his native Venice. He was a disciple of R. Shmuel Yehuda Katzenellenbogen and R. Shmuel Archivolti, and teacher of R. Shaul HaLevi Morteira. He is renowned for his piyyut Yom Zeh Yehi Mishkal Kol Chatotai, recited on Yom Kippur Katan.
The present work is an index of the sayings and maxims comprised in the book Ein Yisrael (the second part of which is named Beit Yisrael) – anthology of Aggadot from the Babylonian and Jerusalem Talmuds (compiled by R. Yaakov ibn Habib and his son the Ralbach), better known by its original name – Ein Yaakov. Ein Yaakov was banned by the Italian Inquisition along with the Babylonian and Jerusalem Talmuds, which were publicly burned in the 1550s. A decade later, in 1566, the book was allowed to be reprinted, though with censorship expurgations and under a new title – Ein Yisrael. The book was reprinted in several editions under this title over the following years. The prohibition to own volumes of the Babylonian and Jerusalem Talmuds, coupled with the authorization of the censored Ein Yisrael, caused it to become widely distributed in Italy and studied by a growing number of people, including Torah scholars, serving, along with the books of the Rif, as a replacement for the banned books of the Talmud. The popularity of the book Ein Yisrael in those days gave rise to several index works specific to this book, such as Zichron Torat Moshe by R. Moshe Figo (Constantinople, 1554), Luach Maamarei Ein Yisrael, by R. Eliezer Rieti (Venice, 1612), and Beit Lechem Yehuda by R. Yehuda Aryeh of Modena (Venice, 1625).
Unlike his book Beit Lechem Yehuda, which is arranged according to topics (following the Zichron Torat Moshe method), the sayings in the present index are arranged in alphabetical order, similar to Luach Maamarei Ein Yisrael by R. Eliezer Rieti. Within each letter of the alphabet, however, the sayings are listed in order of the Talmudic tractates.
In the list of R. Yehuda Aryeh of Modena's works in his autobiography Chayei Yehuda, no mention is made of the present work; R. Yehuda Aryeh of Modena may have reconsidered his plans to print it after he published his book Beit Lechem Yehuda (Venice, 1625) which is arranged in a different order.
The manuscript was identified as an autograph of R. Yehuda Aryeh of Modena through careful comparison with the handwriting in several of his known manuscripts found in various public libraries (including: Kovetz Igrot, British Library – London, Ms. Or. 5396; Kol Sachal VeShaagat Aryeh, Biblioteca Palatina – Parma, Ms. 2238; Ari Nohem, Russian State Library – Moscow, Günzburg Ms. 1681).
On the final page, after the concluding line, R. Yehuda Aryeh of Modena added another five sayings from the Talmud, perhaps alluding to a specific matter. These are followed by two sayings from the Zohar.
[90] leaves. 20 cm. Fair-poor condition. Stains and damp damage. Extensive worming, affecting text. Tears and open tears, affecting text. Old binding, partially damaged and lacking, with extensive worming.
Written based on the enclosed report of R. Moshe Hillel.
Neat copying, presumably produced by the author himself, with handwritten emendations and marginal additions. The present responsum is published in his book Shemesh Tzedakah (Orach Chaim, section 23), with textual variations. The additions added here in the margins were incorporated in the printed responsum.
The responsum discusses the Ashkenazic custom of reciting the piyyut Malachei Rachamim, which arouses the halachic question of addressing angels instead of praying directly to G-d. The printed version of the responsum is preceded by a short introduction, stating that it was issued in response to a fierce argument between two leading Torah scholars of Trieste as to whether one is allowed to recite this piyyut. R. Shimshon explains at length why the recital of the piyyut should not be abolished.
R. Shimshon concludes the responsum by stating that it was written in Ancona in 1728. This is followed by his signature. In the printed version of the responsum, the emphasized letters in the chronogram amount to 1722 (presumably a mistake).
R. Shimshon Morpurgo (1681-1740), prominent Italian rabbi, served as rabbi of Ancona for twenty years. He was the disciple of R. Shmuel Aboab, R. Menashe Chefetz and R. Yehuda Briel. In his capacity as rabbi of Ancona, he earned the reputation of one of the leading Italian halachic authorities, responding to halachic queries from all over Italy. He took part in the major polemics, joining R. Moshe Hagiz in the polemic against the Sabbatean Nechemia Hayyun. Some of his responsa were printed in Shemesh Tzedakah, published by his son. The book earned a place of honor in halachic literature.
Inscription on verso, in a different hand: "Ruling of the Shemesh Tzedakah on supplications recited by the Ashkenazim".
Sheet of paper folded into four, approx. five written pages. Approx. 21 cm. Good-fair condition. Stains. Worming, affecting text. Folding marks.
The recipient of this letter, R. Mordechai Refael Shimshon Tzemach Viterbo, who served as rabbi of Ancona, is mentioned several times in R. Shabtai's book Nahar Shalom, with terms of affection and reverence. In the present letter, he refers to him as "my close friend who sits in the chambers of my heart…" and praises him effusively. R. Shabtai asks him to review the halachic booklet enclosed with the letter (not present), regarding a Torah scroll which was discovered to be invalid on Shabbat. He concludes with regards for R. Y. Consolo and R. Yehuda Ascoli.
Signed by R. Shabtai, with his calligraphic signature: "Here, Spalatro, end of Tishrei 1759 – Shabtai son of R. Avraham Ventura".
R. Shabtai Ventura (1732-1799) a renowned rabbi and posek in his generation, was the rabbi of Spalatro, reputed for his halachic composition Nahar Shalom on Shulchan Aruch Orach Chaim. He was a close disciple of R. David Pardo, who served before him as rabbi of Spalatro. His book Nahar Shalom is quoted extensively in halachic works of recent generations, including in the Mishna Berura. Apart from his prominence in Halachah and in revealed realms of the Torah, he also engaged in the study of Kabbalah, and particularly in the copying of kabbalistic manuscripts (see: R. Moshe Hillel, The Identity of the Copyist of the Etz Chaim Book with the Colophon from 1579, in Chitzei Giborim, 10, Nisan 2017, pp. 857-911).
With recipient's address.
[1] double leaf. Approx. 29 cm. Good condition. Some stains. Folding marks. Tears to folds, affecting text.
The novellae found in the present leaf are similar in style to those appearing in the Chida's work Ha'lem Davar, yet they do not appear there. The sections on the first page are numbered 228-237, while the sections on the second page are not numbered.
According to the enclosed expert opinion (by R. Shimon Schwartz), the present leaf is from a different edition of Ha'lem Davar.
Ha'lem Davar was authored by the Chida in his youth, as he mentions in Responsa Yosef Ometz (section 105): "In my youth I produced… an essay which I titled Ha'lem Davar – several oversights of leading Torah scholars". Up until now, only a manuscript of He'elem Davar comprising 149 sections was known of (JTS manuscript, no. 5391), first published in 1958 by Meir Benayahu (in Sinai, 43; and later in other books in several editions), yet it is known that the Chida would rewrite his works in various editions with additions.
The contents of the present leaf were not found in the printed work, and are to the best of our knowledge hitherto unpublished.
The Chida – R. Chaim Yosef David Azulai (1724-1806) was a leading halachic authority, Kabbalist, outstanding Torah scholar, prolific author and famous emissary. Born in Jerusalem to R. Refael Yitzchak Zerachia Azulai, a Jerusalem scholar and great-grandson of the kabbalist R. Avraham Azulai author of Chesed LeAvraham. From his early years, he was a disciple of leading Jerusalemite Torah scholars and kabbalists, including R. Chaim ben Attar, the Or HaChaim. He began studying kabbalah at the Beit El Yeshiva for kabbalists headed by R. Shalom Mizrachi Sharabi – the Rashash, alongside with his colleague R. Yom Tov Algazi.
In 1753, he embarked on his first mission as emissary on behalf of the Hebron community. During the course of his five years of travel, he passed through Italy, Germany, Holland, England and France. During this mission, his name began to spread. Wherever he traversed, he attracted a great deal of attention and many acknowledged his greatness. In 1773, the Chida embarked on an additional mission on behalf of the Hebron community, leaving a profound imprint on all the places he visited. At the end of this journey, he settled in Livorno, Italy, serving there as rabbi. In Livorno he published most of his books.
The Chida was among the greatest authors of all times and composed more than 80 works in all facets of Torah, including his composition Birkei Yosef, a commentary on the Shulchan Aruch which greatly impacted the field of halachic rulings. His books were accepted throughout the Diaspora, and were regarded with great esteem. The majority of his works were written while he was preoccupied with his travels or other matters, and with access to very few books, and this attests to his tremendous erudition and phenomenal memory. In each city the Chida visited, he would visit the local libraries and search for unknown manuscripts and compositions written by prominent Torah scholars. Due to the great respect and admiration he evoked, he was granted authorization to enter large libraries and museums, such as the National Library of France, where he spent many hours copying important manuscripts. The vast knowledge he gleaned during these opportunities pervade all his books, particularly his bibliographic masterpiece Shem HaGedolim.
[1] leaf. 18 cm. Good condition. Stains. Worming (slightly affecting several characters of text). Elegant leather binding.
Enclosed is the expert's opinion, authenticating the manuscript as handwritten by the Chida, and confirming that the teachings are unpublished.
The manuscript was written alternately by a scribe (neat Italian script) and by R. Refael Yeshaya Azulai (Sephardic script), who added many segulot and hashbaot. The manuscript also contains his personal notes, with records of income and expenditures and names of Jews from Ancona, from the years 1818-1819.
Three leaves in neat Sephardic script (from an unknown writer), featuring tables, kabbalistic diagrams, and Angelic script.
Contents:
Leaves [1-3] – Segulot, hashbaot and incantations, for various occasions: "For blessing the home", "To restore a person's mind", "To find favor in the eyes of all people even a king and ruler", "For love", "To imprison a person", "To change the mind of a dayan or ruler", "To overcome adversaries", and more; the manner of "arranging amulets", with prayers to "sanctify the amulet".
Leaves [4-7] – Segulot and incantations handwritten by R. Refael Yeshaya Azulai: "For a women who despises her husband", "she'elat chalom [dream question]", "To bring menstruation", "To end menstruation", etc.
Leaf [8] – Many segulot for "love", including a "wonderful" segulah for love called "Hashbaah of the Valerian".
Leaves [10-11] – many segulot for love; "Segulot of 7 dishes which are helpful for all maladies", hashbaot for writing on dishes to cure various maladies: "For aching hands and feet", "For heart conditions", "For headaches and for all illnesses", "For obsessions and boredom", "For mutism or crooked hands, feet or mouth", "For vesicles", "For a person who arises at night with fears and trembling and imagines things or for anxiety"; G-d's Name which "is forbidden to utter, only to focus on in thought", for times of trouble: "When the world is in great trouble due to dread or war or pestilence or an epidemic or hunger…". The long Name is followed by the "Seal of the aforementioned Name" – chart of the combination of letters of the Name.
Leaf [12] – "Segulah and secret for treating fear".
Leaves [13-14] – Various instructions for casting lots (titled Goral Baduk), for a dream question. Leaf [13b] contains the text of an amulet handwritten by R. Refael Yeshaya Azulai. Inscription handwritten by R. Refael Yeshaya Azulai on leaf [14b]: "Here is a wondrous matter and great secret for confusion of the mind and insanity and depression…".
Leaf [15] – Segulot handwritten by R. Refael Yeshaya Azulai: "Marvelous matter if other cures and segulot do not help…".
Leaf [16b] – Handwritten by R. Refael Yeshaya Azulai: "Dream question – write on the leaf of an etrog and place under your head…".
Leaves [17-21] – Sefer Pitron Chalomot.
Leaf [24b] – Text of an amulet "For a person who wants to change and is under a spell…" handwritten by R. Refael Yeshaya Azulai, and more.
Leaves [25-27] – "Verified hashbaah of a ring to cast a lot" – in neat Oriental script by an unknown writer.
Leaf [27b] – "Incantation for a very painful headache", handwritten by R. Refael Yeshaya Azulai.
Leaf [28] – "Incantation for a person who is coerced by devils", incantation in Italian (in vocalized Hebrew letters), with the addition of two lines handwritten by R. Refael Yeshaya Azulai.
Leaf [29] – "To destroy an enemy, know the secret of this Name…", handwritten by R. Refael Yeshaya Azulai.
Leaves [29b-31a] – Amulets and segulot "To separate the love between two people who love one another", "For the hate of an enemy", "For pain of the eyes", "For an eye malady", "To enlighten dark eyes", "For a deathly illness", "To overcome your adversary", "To cause a person to die", and more.
Leaf [31b] – Various segulot handwritten by R. Refael Yeshaya Azulai: "For hate", "A verified way to overcome an adversary in judgement", "For a woman whose children do not survive", etc.
Personal notes handwritten by R. Refael Yeshaya Azulai:
Leaf [16a] – "Account of the Safed emissary R. Mordechai Asseo, I have taken from the treasurer S. Yitzchak Levi for his expenses…" (R. Mordechai Asseo, a Salonikan Torah scholar, author of Higid Mordechai, immigrated to Jerusalem and travelled to Italy as an emissary).
Leaf [22] – "Calculation of the wine which I take from David Hasson Adar 1819… until Rosh Chodesh Adar… Erev Rosh Chodesh Nissan… Passover… Erev Shavuot… Sivan… Tammuz"; Today, Thursday…, I have made a calculation with Shimshon Sereni[?]…".
Leaf [23] – "Calculation with the abovementioned…", "I owe Shimshon…".
Leaf [32] – "Nissan 1818: That which I need to take into my account from the community… What I received from David Hasson… Sr. Moshe Chaim Morpurgo [rabbi in Ancona]… Sr. Yehuda Avraham Morpurgo … Sr. Shabtai Chaim Sepilli… Sr. Azaryah Kohen…".
R. Refael Yeshaya Azulai (1743-1826), eldest son of the illustrious R. Chaim Yosef David Azulai – the Chida and a great Torah scholar in his own right. Born in Jerusalem, he served a rabbi, posek and leader of Italian Jewry in his times. Some of his halachic responsa were printed in his father's books, who honored and esteemed him and always mentioned him with epithets of love ("my dear son", "my firstborn son, the perfect great chacham", "the light of my eyes", "friend of my soul", etc.). After the death of R. Avraham Yisrael Rabbi of Ancona in 1785, the community leaders turned to the Chida who hinted that his son R. Refael Yeshaya was suitable for this position. He indeed served as rabbi of Ancona until his passing on 9th Shevat 1826 (he lived 83 years, like his father). He was greatly honored at his death and was mourned by his congregation for a long time (for further information see M. Benayahu's book on the Chida, pp. 476-487].
[32] leaves. 19 cm. Good condition. Stains, minor wear to margins. Worming, slightly affecting text in several places. Several detached leaves. Partially detached gatherings. Without binding.
Manuscript, Ayin Roah, handwritten by the author R. Yaakov Shimshon Shabtai Sinigaglia, author of Shabbat shel Mi. [Italy, 19th century].
Unpublished composition, one of the author's many works. It comprises selected comments and novellae on various topics, bibliographic data, summaries of topics from various books, and more.
The front endpaper states: "Kuntress Ayin Roah, named Leshon Limudim in my book Abir Yaakov leaf 96…". Indeed, the author mentions his work Leshon Limudim there in Abir Yaakov. The author presumably later changed the name of this work from Leshon Limudim to Ayin Roah.
In several places in the manuscript, the author mentions his other works, noting that certain passages were copied to them (most of these passages are crossed out) – Leket Shichchah on Berachot, Midbar Tzin, Leket Shichchah on Kiddushin, Leket Shichchah on Pesachim, Matat Elohim, Meged Shamayim, and more.
R. Yaakov Shimshon Shabtai Sinigaglia (1740s – ca. 1840), leading Italian Torah scholar and particularly prolific author. He authored many compositions, some of which are to date unpublished. He is renowned for his work Shabbat shel Mi on Tractate Shabbat, which was published in several editions and is considered a classic book for the study of this tractate. He was held in high regard by the rabbis of his generation. The Chida, who entertained close ties with him, attested in a letter to him that he would bless him every day (Igrot Chida, Rosenberg edition, section 7). Likewise, he maintained ties and exchanged correspondence with R. David Sinzheim, who praises him profusely in his approbations to his books Matat Elohim and Nezir Shimshon.
R. Yaakov Shimshon Shabtai refused to undertake a rabbinic position, and applied himself exclusively to Torah study and the writing of his works. He was a particularly prolific author, and composed many works. Over ten of his works were published, including Shabbat she Mi on Tractate Shabbat; Abir Yaakov – on Tractate Keritot, Nezir Shimshon – on Mishnayot, Matat Elohim (with Leket Shichchah) – on Talmudic tractates, and more. Several of his compositions remain unpublished, including the present work (one of his works was recently published by Machon Yerushalayim: Mateh Oz on Tractates Arachinand Zevachim. His work Pisat Bar on Tractates Menachot and Bechorot is soon to be published – see below).
[2], 95 leaves. Approx. 25-27 cm. Tall, narrow format. Fair-good condition. Stains. Worming, affecting text on some leaves. Marginal tears. Several detached leaves. Inscriptions. Original card binding, with strings for tying; damage and worming to binding.
Author's Blessing for Whoever Publishes His Book
In the manuscript of his work Mateh Oz (recently published by Machon Yerushalayim), R. Yaakov Shimshon Shabtai Sinigaglia blesses whoever volunteers to print the book: "…the kind person who undertakes to publish my work, will be blessed by G-d… he will have an arm with might, years of life will be added to him, and evergrowing goodness, he will merit to see the consolation with the coming of Mashiach…".
This work, Ayin Roah, was described by R. Chaim Rosenberg Rabbi of Ancona, in a list of R. Yaakov Shimshon Shabtai Sinigaglia's manuscript works (Igrot DeRav Chaim Yosef David Azulai, Vác 1927, pp. 11-12, note 3), where he writes: "Ayin Roah is the same as Leshon Limudim… it comprises important points, especially regarding bibliography, biography and Talmud methodology, and it is a great mitzvah to publish it".
![Manuscript, prayers for the cemetery. [Italy, ca. late 18th or early 19th century].
Pocket size. Square and semi-cursive It](https://files.kedem-auctions.com/files/Sale86a/55.jpg "Manuscript – Prayers for the Cemetery – Italy, 18th/19th Century")
Pocket size. Square and semi-cursive Italian script, mostly vocalized (headings and instructions non-vocalized).
The manuscript begins with the blessing recited upon entering the cemetery – Asher Yatzar Etchem BaDin. The manuscript also comprises: Seder Tziduk HaDin, Hakafot SheOmrim LeIsh, prayer recited when accompanying the dead to the grave, and the long Kaddish (customarily recited after burial).
[15] leaves. Approx. 10 cm. Thick, high-quality paper. Good condition. Stains. Original leather binding, slightly damaged.
The groom, R. Refael Berdugo, already served at that time as chief rabbi of the city, and this is a late remarriage (third or fourth marriage; R. Refael reputedly endured much sorrow in his life, including the death of three wives).
In accordance with the custom of Moroccan Jewry, the ketubah includes "Yachas HaKetubah" (see Hebrew sidebar), listing the lineage of the groom and bride, up to their shared ancestor R. Yosef Berdugo: "…R. Refael son of… R. Mordechai son of… R. Yosef Berdugo… the bride daughter of… R. Yehuda son of… R. Shlomo son of… R. Yehuda son of… R. Yosef Berdugo".
Additional Tena'im (in smaller characters, torn and lacking) at the foot of the ketubah, after the witnesses' signatures.
The groom – R. Refael Berdugo (1746-1822) was a leading Moroccan Torah scholar of all times. His exceptional holiness earned him the name "HaMalach Refael" (see Malchei Rabbanan, pp. 106b-107a). He was the son and disciple of HaRav HaMarbitz, R. Mordechai son of R. Yosef Berdugo (1715-1762), who served as rabbi of Meknes, yeshiva dean and Torah disseminator. His mother was the daughter of HaRav HaMashbir – R. Moshe son of R. Avraham Berdugo (1679-1731), the yeshiva dean and head of the Beit Din in Meknes (prime teacher of his son-in-law and relative HaRav HaMarbitz, father of HaMalach Refael). R. Refael also studied Torah from his eldest brother R. Yekutiel Berdugo, who was a leading Torah scholar in the city.
R. Refael was renowned for his tremendous brilliance and authority. His Torah novellae stand out for their originality and innovativeness. Many Torah scholars in his generation did not always agree to his innovative ways, yet his opinion was nevertheless conclusive, and his authority recognized as supreme – all Moroccan rabbis turned to him for halachic rulings. His nephew, R. Yaakov son of R. Yekutiel Berdugo, writes about him in a responsum: "…and in particular my uncle, who is a great tree to lean on… even in his lifetime all the Torah scholars of the generation obeyed him as Moshe in the name of G-d" (Responsa Shufreih DeYaakov, section 26). Many books of his teachings were published: Responsa Mishpatim Yesharim, Torot Emet on Shulchan Aruch, and homiletic works on the Torah and Aggadot (some of which were printed in very limited editions).
The bride was the daughter of R. Yehuda Berdugo, grandson of R. Yehuda Berdugo (1690-1744), author of Mayim Amukim, great-uncle of the groom and close disciple of their relative HaRav HaMashbir.
The first signatory: R. Shmuel Benouaich (1738-1818), a holy man, leading rabbi and dayan in Meknes, and a dean in the city. Wondrous accounts about him are related in Malchei Rabbanan (pp. 121a-b), including the story of how he chased a lion out of the city, with the power of his holiness.
The second signatory: R. Moshe Benchlouch, dayan and scribe in Meknes (see Malchei Rabbanan, p. 90b). His signature appears on responsa and Beit Din rulings from ca. 1790s-1810s, published in Responsa Avnei Shayish by R. Shaul Yeshuah Abotbol.
[1] leaf. Approx. 21X15.5 cm. Fair condition. Stains and wear. Tears and open tears, affecting text. The ketubah was restored and mounted on paper. Inscriptions.
Manuscript, Chupat Chatanim – Pinkas Zechirat HaKetubot handwritten by R. Refael ibn Tzur Rabbi of Fez, documenting close to 300 marriage ketubot scribed by the Beit Din. Fez (Morocco), Tishrei 1859 to Adar 1869.
Neat cursive Sephardic script; two columns per page. From the changes in the writing and ink color, it is obvious that the manuscript was written over the years. Heading at the top of the pages: "Chupat Chatanim". On some leaves, blessings were added in the heading or chronogram.
The present manuscript was seen by R. Yosef Benaim, who quotes it once in his book Malchei Rabbanan (Jerusalem, 1931, p. 30a, entry on R. Chaim Yamin HaKohen) as "R. R. ibn Tzur in Zechirat HaKetubot". To the best of our knowledge, this work has not been published (apart from the quote in Malchei Rabbanan).
The manuscript documents (often in poetic terms) all the marriage ketubot scribed by the Beit Din in Fez in the given period (all ketubot and contracts in Morocco were written by the Beit Din scribes, in accordance with early regulations of the Moroccan Jewish communities). It therefore serves as a rich source of information on the history and customs of the Fez community, its families and rabbis.
The main significance of this manuscript is its function as a Book of Lineage for Moroccan Jewish families (see sidebar on Zechirat HaKetubot by Fez rabbis). The records include the names of the grooms and brides, their fathers and lineage generations back (see also previous item). The names of the witnesses are also documented. In most of the recorded ketubot, R. Refael himself served as one of the two witnesses, as he writes: "Witnesses… and myself, Refael ibn Tzur".
The records also include other information from ketubot: the amounts of the dowry and of the basic and additional ketubah monies; blessings for the couple (usually in poetic terms); and various details about the couple and marital agreements (primarily in second marriages, which involve more complex monetary arrangements, such as alimony for children from previous marriages – see Hebrew sidebar on marital agreements and rules of conduct appearing in ketubot). The manuscript documents many cases of a man remarrying his divorcee, Ketubah DeIrkasa (replacement ketubah), polygyny (practice which was still prevalent in Morocco, unlike Ashkenazic communities who accepted the ban of Rabbenu Gershom), levirate marriages and the marriage of orphans betrothed as minors.
The manuscript includes various mentions of regulations instituted by "Rabbotenu HaMegorashim" – prominent Torah scholars from the first generation of Spanish exiles, who settled in Morocco and particularly in Fez. These Torah leaders served as dayanim in Moroccan cities, and instituted various regulations pertaining to marital and monetary matters, following the customs of Spanish Jewry.
One of the entries, which records the marriage of a woman from Sefrou with a man from Fez, highlights the differences between the customs of various Moroccan communities. The record mentions agreements made before the wedding, such as the condition that the wedding would take place in Sefrou. The woman ultimately waived this requirement and the wedding was held in Fez, though it was stipulated that the couple would return to live in Sefrou, and that any monetary matters would be settled according to the regulations instituted in Sefrou by Rabbotenu HaMegorashim (Iyar 1866; p. [16]b).
R. Refael son of R. Shlomo ibn Tzur (1830-1916), rabbi of Fez. He first served as scribe in the Fez Beit Din, and was later appointed rabbi of the city. Apart from his Torah prominence, he enjoyed material wealth and owned much property. He left behind several halachic works and novellae on various topics. He was also known as a collector of books and manuscripts.
[19] written leaves (approx. 33 pages) + blank leaves. 23 cm. High-quality paper. Good-fair condition. Stains. Worming, affecting text. New binding, with leather spine.
Zechirat HaKetubot by Fez Rabbis – Books of Lineage of Moroccan Jewry
Notebooks with copyings of Ketubot by the dayanim of Moroccan Batei Din, are referred to in various sources as Zechirat HaKetubot or Mazkeret Ketubot.
These works serve as a rich source of information on the history of Moroccan Jewry, and contain detailed genealogical documentation, the likes of which do not exist in any other community. Various sources mention Zechirat HaKetubot manuscripts written by leading Moroccan rabbis, though these works have not been published.
R. Yosef Benaim in his book Malchei Rabbanan (Jerusalem, 1931), biographies of Moroccan rabbis, repeatedly quotes such record books and ketubot, including the present manuscript – see other sidebar. Likewise, in his book Responsa She'erit HaTzon (Part I, sections 96 and 122), R. Yosef Benaim quotes a Zechirat HaKetubot manuscript by R. Refael ibn Tzur (the passage he quotes was not found in the present manuscript, and it presumably appears in a different manuscript, documenting other years).
R. Refael's ancestor – R. Yaakov ibn Tzur Rabbi of Fez, known as the Yaavetz, also had a Zechirat HaKetubot notebook. It is quoted several times in Malchei Rabbanan, as well as in Pirchei Shoshanim by R. Yedidia Monsonego. R. Refael Oved ibn Tzur (son of the Yaavetz) likewise wrote a similar composition, also quoted in Malchei Rabbanan.
In the present manuscript, a composition referred to as "Sefer Yuchasin by my grandfather Geon Yaakov" is quoted repeatedly (see other sidebar), and it is presumably the Zechirat HaKetubot notebook of the Yaavetz.
Such a composition was the primary source for Igeret Yachas Fez by R. Avner Yisrael HaTzarfati, published in Fez VeChachameha (see Part I, pp. 138 and 141).
In Malchei Rabbanan, R. Yosef Benaim relates that he found genealogical records handwritten by R. Natan Memmi, who wrote that when going over an old notebook of ketubot records, he discovered and took note of the lineage of families which have vanished in the Maghreb (Malchei Rabbanan, p. 99a).
Yachas HaKetubah in the Present Manuscript
Many records in the present manuscript include Yachas HaKetubah of the groom or bride, or of both. One record includes Yachas HaKetubah listing 11 generations of the Elbaz family, ancestors of the bride, and 4 generations of the Edery family, ancestors of the groom.
In the present manuscript, R. Refael ibn Tzur occasionally abridges the Yachas HaKetubah by referring to the Yachas already listed elsewhere, in other Books of Lineage, written by him or others. In several places, he refers to the writings of "my grandfather Geon Yaakov" (presumably his ancestor R. Yaakov ibn Tzur, the Yaavetz, who served as rabbi of Fez several generations before him).
For instance, in Cheshvan 1860, there is a record of the marriage of the dayan R. Yedidia Monsonego (presumably his second marriage, in his old age). In the Yachas of the groom's family, he writes briefly and refers to the Sefer Yuchasin of his grandfather Geon Yaakov, whilst in the Yachas of the bride, he lists five generations of rabbis from the Ben Simchon family, including all the original titles of honor and praises.
The present manuscript is quoted in Malchei Rabbanan (Jerusalem, 1931, p. 30a, entry on R. Chaim Yamin HaKohen). The quoted passage is found on the final page of the present manuscript, in the middle of an entry recording a levirate marriage, listing 8 generations of the ancestors of the groom, and 6 generations of the ancestors of the bride.
See Hebrew for examples from the present manuscript.
Handwritten by the author, with deletions and emendations. The title Beit Tefillah appears at the top of the first page. Two leaves in a different hand bound at the end of the manuscript, with copyings of several piyyutim appearing in the manuscript.
The manuscript comprises many piyyutim with various acrostics of the author's name. In some cases, the acrostics are noted in the heading.
Inscription on final leaf: "This notebook of piyyutim by the great rabbi… R. David Ben Shimon…", concluding with a calligraphic signature, presumably of one of his sons.
Most of the present collection of piyyutim was printed at the end of the book Shem Chadash by his son R. Masoud Chai Ben Shimon (Egypt, 1917), under the title Shir Chadash – Shirei Tehillah, with several textual variations and omissions (primarily of the piyyut headings).
R. David son of R. Moshe Ben Shimon, author of Shaarei Tzedek (1826-1879), known as HaRav Dvash or Tzuf Dvash, was a Torah scholar in Rabat, Morocco. He immigrated to Jerusalem in 1855, where he established the Vaad HaEdah HaMaaravit (for immigrants from Maghreb, North Africa) and served as head of the Maghrebi Beit Din. He authored Shaarei Tzedek and other works. His sons were R. Refael Aharon Ben Shimon – chief rabbi of Cairo, author of Nahar Mitzrayim, and R. Masoud Chai Ben Shimon, who succeeded his brother as rabbi of Cairo after the latter's passing.
[12] leaves (approx. 15 written pages). Approx. 19 cm. Fair-poor condition. Stains. Extensive worming, with significant damage to text. Large open tears to three leaves, affecting text. Old binding, damaged.
The notebook comprises hundreds of passages on various topics, which R. Alfandari recorded during the course of his studies, with no specific order of writing or topics: halachic rulings and novellae, commentaries to verses and homiletics, references, and more. In one place, there is a lengthy responsum on the topic of one who finds money in his friend's house, addressed to Moharitz.
The contents of the notebook were not published (to the best of our knowledge).
A similar notebook was published by Machon Ahavat Shalom under the title Yakhel Shlomo Part I (Jerusalem, 2012). R. Yaakov Moshe Hillel, in his foreword there, describes the diligence of the Saba Kadisha in his unceasing Torah study, and his habit of taking notes as he learned, whether halachic responsa and novellae, or comments and commentaries on whatever topic he delved into and whichever book he studied, thereby leaving behind a wealth of Torah teachings for future generations.
The first leaves of the manuscript (pp. [2-4]) contain a copying of the beginning of the Shacharit prayer in a different hand. Inscription in Ladino on the first page in the same hand, attesting that the notebook belongs to Nissim Yitzchak Alfandari. The notebook apparently belonged to a Nissim Yitzchak Alfandari (perhaps a family member) before reaching the hands of R. Shlomo Eliezer who reused it to record his novellae.
R. Shlomo Eliezer Alfandari (ca. 1813-1930), leading Turkish rabbi. In his youth, he exchanged halachic correspondence with R. Akiva Eger (who passed away in 1837). He served as chief rabbi of Constantinople and Damascus. When he was about 100 years old, he immigrated to Eretz Israel where he served as rabbi of Safed. In his final years, he settled in Jerusalem, where he passed away close to the age of 120. During his time in Jerusalem, he refrained from taking a stance on communal matters, and remained in his home studying Halachah and Kabbalah, together with the elite holy men of Jerusalem. In his final year, the Minchat Elazar of Munkacs came to Eretz Israel specially to visit him, and they discussed kabbalistic matters together (reputedly, when the Minchat Elazar was asked about this visit, he stated in the name of the Baal Shem Tov that in each generation there is one Torah leader who is Mashiach ben Yosef, and R. Alfandari was the one of that generation. Yeshurun, XXX, p. 514). He authored Responsa of Maharsha, Responsa of the Saba Kadisha, and more.
[37] leaves written on both sides (over 70 pages handwritten by R. Shlomo Eliezer Alfandari). Approx. 21 cm. Paper of various colors: green, white and yellow. Fair-good condition. Stains. Wear and tears. Open tears, affecting text. Final two leaves torn down middle, lacking half the leaf. Original binding, torn, with significant loss.