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. Chaim ibn Attar, in his Pri Toar, calls him 'my brother'…".

The collection also includes halachic rulings and signatures of many other leading rabbis of Fez, such as: R. Immanuel Serero (b. 1705; Malchei Rabanan, p. 103a), R. Avraham ibn Danan (Malchei Rabanan, p. 16b), R. Shalom Edre'i (Malchei Rabanan, p. 112b), R. Saadiah ibn Danan (Malchei Rabanan, leaf 101), R. Yehudah son of R. Yosef HaLevi (Malchei Rabanan, p. 45a), R. Maimon Aflalo (Malchei Rabanan, p. 81a) and R. Yaakov ibn Malka (d. 1771; Malchei Rabanan, p. 64a).

Rabbis of the Berdugo Family in Meknes

The illustrious Berdugo family, one of the most distinguished families in Morocco, arrived with the Spanish exiles between 1492-1497, and its descendants settled mainly in Meknes. A family tradition traces their lineage to King David. The Berdugo family produced generation after generation of rabbis, yeshiva deans and community leaders up to our own times.

The prominent members of the Berdugo family whose handwriting and signatures appear in the present volume include:

R. Moshe Berdugo, "HaRav HaMashbir" (1679-1731; Malchei Rabanan, p. 94b) – Rabbi of Meknes, author of Rosh Mashbir and other works. A leading Torah scholar and posek of Morocco. The Or HaChaim was a disciple and peer of his and mentions him in his works. In Chefetz Hashem (Shabbat 10b) the Or HaChaim writes that he and R. Moshe Berdugo conceived of the same idea simultaneously through "actual ruach hakodesh", calling him "my brother, leader of sages, R. Moshe Berdugo whose soul is bound with mine". The Chida (Shem HaGedolim, entry Mashbir) relates that the Or HaChaim praised him for his straightforwardness and depth of study. The Mashbir was a close friend of R. Yaakov Abensour and served alongside him in the local Beit Din (while the latter was in Meknes in 1718-1719), and their influence was felt throughout Morocco.

R. Mordechai Berdugo, "HaRav HaMarbitz" (1715-1762; Malchei Rabanan, p. 87b), also known as "Mordechai the Tzaddik". A cousin of R. Moshe Berdugo (the Mashbir), as well as his disciple and son-in-law. A leading rabbi of Meknes and a leader of Moroccan Jewry after the passing of the Mashbir. After the passing of his brother R. Yehudah Berdugo, he was appointed dayan in the "Beit Din of three" in Meknes, together with R. Chaim Toledano (Maharchat) and his brother R. Yaakov Toledano (Maharit).

R. Yehudah Berdugo (1690-1744; Malchei Rabanan, p. 44a) – disciple of the Mashbir, elder brother of the Marbitz, and member of the Meknes Beit Din. He was a peer of the Or HaChaim. He authored Mayim Amukim, a work so profound that commentaries were written to explain it (Malchei Rabanan, ibid.).

R. Yekutiel Berdugo (1736-1802; Malchei Rabanan, p. 78b), son and disciple of the Marbitz. He succeeded his father as dayan in Meknes, serving in the Meknes "Beit Din of three" and later appointed its head. R. Yekutiel Berdugo's sons: R. Petachiah Mordechai Berdugo (1764-1820), dayan and yeshiva dean in Meknes, and a leading Torah scholar of the city. He authored Pituchei Chotam and Nofet Tzufim. R. Yaakov Berdugo (1786-1843), leading Torah scholar in Meknes and head of the Meknes Beit Din. Famed for his wisdom and holiness, he was known in his generation as "the Chacham", and wondrous tales are told of his doings. He authored Shufreh DeYaakov, Kol Yaakov and other books.

R. Refael Berdugo (1746-1822; Malchei Rabanan, leaves 106-107) known as "the angel Refael" for his exceptional holiness (see Malchei Rabanan, ibid.). He was the son and disciple of R. Mordechai Berdugo (the Marbitz), and also studied under R. Yekutiel Berdugo, a leading Torah scholar of the city. His nephew R. Yaakov son of R. Yekutiel Berdugo writes of him in a responsum that "even during his lifetime, all the Torah scholars of the generation would obey him as if he were Moses speaking in the name of G-d" (Shufreh DeYaakov 26). According to Malchei Rabanan (ibid.), "all the rabbis of North Africa drank the waters of his Torah teachings…".

R. Refael Berdugo's son: R. Maimon Berdugo, "HaRav HaMevin" (1767-1824; Malchei Rabanan, leaf 81), a rabbi of Fez, author of Lev Mevin and Pnei Mevin.

Rabbis of the Toledano Family of Meknes

The Toledano family, a distinguished and venerable family originating in Toledo, Spain, produced many leading rabbis and Torah scholars in Morocco. From the 16th century, the family began to be concentrated in Meknes where they became rabbis, dayanim and Torah disseminators.

The prominent members of the Toledano family whose handwriting and signatures appear in the present volume include:

R. Moshe (son of R. Chaim) Toledano (ca. 1644-1723; Malchei Rabanan, leaves 94-95), served as dayan alongside his brother R. Chaviv (son of R. Chaim) Toledano (1658-1716; Malchei Rabanan, leaf 32), and both were leaders of the Meknes community.

R. Chaim Toledano, Maharchat (ca. 1687-1750; Malchei Rabanan, leaf 37), disciple of R. Moshe Berdugo (the Mashbir), served as dayan in Meknes alongside R. Yaakov Abensour, the Mashbir and R. Moshe Adhan, and was later appointed Rabbi and head of the Beit Din. Author of Responsa Chok UMishpat, Etz HaDaat on the Talmud and Tur, and other works.

R. Yaakov Toledano, Maharit (1690-1771; Malchei Rabanan, leaf 69). Disciple of the Mashbir. In 1730, after R. Yaakov Abensour departed from Meknes, his teacher appointed him dayan in his Beit Din. After the passing of his brother R. Chaim Toledano in 1750, he succeeded him as Rabbi and head of the Beit Din. According to Malchei Rabanan, he was considered the primary halachic authority in North Africa. Author of Ohel Yaakov and other works.

His sons were R. Moshe Toledano (d. 1778; Malchei Raban