The importance of the Victor (Avigdor) Klagsbald Collection can hardly be overestimated, charting nearly a millennium of Jewish life across the globe – some one thousand years of religion, culture, literature and art.
Mr. Klagsbald, who passed away 5 years ago, was one of the most prominent collectors of Jewish art in the second half of the 20th century and a noted scholar, who built a collection of exceptional quality, much of which is now being offered for auction.
Each item in the collection was professionally catalogued by Mr. Klagsbald himself, who also added detailed descriptions in neat, cursive French along with enclosed photographs. These descriptions were indexed by subject and kept in organized dossiers, of which our researchers made use while preparing the present catalogue. Many items from the collection were made known to the public throughout the years in books and articles he authored; we select for particular mention Klagsbald's catalogue of Moroccan manuscripts, published in Paris in 1980 – Catalogue des manuscrits marocains de la collection Klagsbald – and his book A l'ombre de Dieu: dix essais sur la symbolique dans l'art juif, published in Belgium in 1997. Mr. Klagsbald was also one of the founders of the Museum of Jewish Art and History (mahJ) in Paris, and authored the catalogue of the Cluny collection now preserved in the museum, which was exhibited in the Israel Museum in 1982.
The present catalogue contains a selection of manuscripts, important printed books in first and rare editions, copies of distinguished ownership and with annotations, and letters and signatures spanning Orient and Occident, all scarce to be found. The two hundred lots featured in the catalogue include early manuscripts such as Sefer HaPeliah scribed in Tripoli (Lebanon), 1497; Moshav Zekenim, scribed in Crotone (Italy), 1473 – formerly Ms. Sassoon 409; Midrash HaGadol, written by the renowned scribe R. David son of Benaiah of Sanaa (Yemen), 1473; and several volumes of halachic rulings from Morocco, including hundreds of autographs and thousands of signatures by Moroccan rabbis from various cities. One of the volumes contains a letter handwritten and signed by R. Chaim ibn Attar, the Or HaChaim (many items in the collection originate from the Abensour collection in Fez).
The parchment manuscripts include decorated and illustrated siddurim such as the Arizal's Tikunei Shabbat, crafted by the scribe and illuminator Meshulam Simmel of Polna in Vienna, 1714, and Haggadot illustrated in the style of the Moravian school. The books with handwritten glosses include Zohar Chadash – the personal copy of kabbalist R. Moshe Zacuto, with his glosses, as well as the signature of the Chida; a manuscript of Sefer HaKavanot compiled by kabbalist R. Natan Nata Hannover, with his signature and many glosses in his hand; and a Pri Etz Chaim manuscript, scribed by R. Moshe of Liuboml, which belonged to R. Avraham Gershon of Kitov, brother-in-law of the Baal Shem Tov. The catalogue also includes unpublished manuscript works, including one authored by a disciple of the Pnei Yehoshua and R. Yehonatan Eibeshitz, with an original letter of ordination from the latter; and a Chassidic work with original letters of approbation by Rebbe Mordechai Dov of Hornostaipil and his sons.
On the occasion of its 16th anniversary and its 100th catalogue, Kedem Auction House is honored to present the Klagsbald Collection for public auction. We strive – and will continue to strive – to offer our clients rare and important items and to present them in high-quality and accurate catalogues. We have endeavored to uphold this aspiration in the present catalogue as well.
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LOT 20:
Letter Handwritten and Signed by Rabbi Chaim ibn Attar, the Or HaChaim – Inside a Large Volume with Hundreds of ...
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Letter Handwritten and Signed by Rabbi Chaim ibn Attar, the Or HaChaim – Inside a Large Volume with Hundreds of Autographs and Signatures of His Contemporary Moroccan Rabbis – Including Many Autographs of Rabbi Yaakov Abensour, Rabbi Yehudah ibn Attar, the Mashbir, the Marbitz and Others
Large volume of halachic rulings, letters and halachic responsa, containing hundreds of autographs and signatures of leading Moroccan rabbis – including a letter handwritten and signed by R. Chaim ibn Attar, the Or HaChaim.
· Letter handwritten and signed by the Or HaChaim, addressed to the members of the Meknes Beit Din – R. Yaakov Toledano, R. Yehudah Berdugo and R. Maimon Adahan. The Or HaChaim signs his letter: "…peace to my brothers and friends from life and peace, so says Chaim son of Moshe Attar" (in his calligraphic signature). The Or HaChaim begins his letter: "Friends of G-d and of me, the perfect scholars, the excellent dayanim, R. Yaakov Toledano, R. Yehudah Verdugo and R. Maimon Dahan". In his letter, the Or HaChaim attempts to alleviate the tax burden on "the dear, honorable R. Yehudah ibn Nachmias". The letter appears on leaf 120 of the present volume.
Apparently, the Or HaChaim wrote this letter between 1737-1739, before leaving Morocco on his way to Eretz Israel ca. Iyar 1739, and after R. Maimon Adahan's appointment as dayan in the Meknes Beit Din in 1737 (see: R. Avraham Hillel, Pesak Din Chachmei VeRabbanei Fez BiDevar Serarat Batei HaKeneset, Min HaGenazim, IV – 2015, pp. 69-70). The letter was first published in Takanot Chachmei Fez by R. Maury Mordechai Amar, Paris 2013, pp. 54-56.
· Volume with collected halachic rulings and responsa by Moroccan rabbis. The volume contains hundreds of autographs and thousands of signatures of rabbis and dayanim of Morocco, most dating to the late 17th century and the first half of the 18th century.
The present volume comes from a collection of volumes of halachic rulings by Moroccan rabbis, compiled and preserved in Fez by the descendants of R. Yaakov Abensour – the Yaavetz. This collection also formed the basis for forming the Dovev Siftei Yeshenim society, established in Fez in the late 19th century in order to publish the teachings of Moroccan rabbis. One of their important projects was a two-volume edition of Responsa Mishpat UTzedakah BeYaakov by the Yaavetz (Alexandria, 1894-1903), where some of the halachic rulings and responsa in the present volume were printed.
The present volume contains extensive portions of the Yaavetz's teachings, including dozens of leaves in his handwriting: halachic rulings and letters he wrote, his handwritten drafts and Torah novellae, and more. Additionally, the volume contains many letters sent to him, and halachic rulings he signed along with his fellow rabbis and dayanim of Morocco. The volume also contains many autographs and signatures (over 20) of his teacher R. Yehudah ibn Attar (the first); the Yaavetz served as dayan in Fez alongside him, and they signed together on most halachic rulings issued in those days. Some of the present documents contain the Yaavetz's signature alongside signatures of Meknes dayanim, from his stay in Meknes between 1718-1728, and in others his signature appears alongside Tétouan rabbis, from his exile to Tétouan in the wake of a famine that broke out in Fez in 1738-1741.
The present volume also includes manuscripts and signatures of the rabbis of Fez of that time: R. Vidal HaTzarfati, R. Menachem Serero (both teachers of the Yaavetz), R. Avraham ibn Danan, R. Shalom Edre'i, R. Saadiah ibn Danan, R. Maimon Aflalo, R. Yaakov ibn Malka, R. Yehudah son of Reuven Abensour (brother of the Yaavetz), R. Refael Oved Abensour (son of the Yaavetz), R. Shaul ibn Danan, R. Eliyahu HaTzarfati and others.
Additionally, the present volume contains manuscripts and signatures of leading rabbis of Meknes: R. Yosef Bahtit, R. Moshe Toledano, R. Chaviv Toledano, R. Moshe Berdugo (the Mashbir; approx. ten of his signatures), R. Mordechai Berdugo (the Marbitz), R. Yehudah Berdugo, R. Yaakov Toledano (Maharit), R. Chaim Toledano (Maharchat), R. Moshe Adahan, R. Maimon Adahan and others.
Furthermore, the present volume contains manuscripts and signatures of rabbis from the following cities: Salé – R. Shmuel Karo, R. Shlomo HaKohen Alkhalatz, R. Shalom Abensour, R. Mordechai HaKohen, R. Yichye Abecassis and R. Yaakov Bibas; Tétouan – R. Chasdai Almosnino, R. Menachem Attiya, R. Shlomo Abudarham; Sefrou – R. Shmuel Chuta, R. Yehoshua ibn Chamu; and others.
Like the letter of the Or HaChaim regarding community taxes which appears in the present volume, several halachic rulings and letters dealing with tax exemptions or deductions for various individuals also appear in this volume (see below).
Some examples of important letters and halachic rulings appearing in the present volume:
On leaf 117 – letter from the Yaavetz to the rabbis of Meknes – "The perfect scholars… R. Chaim Toledano and his brother R. Yaakov". The letter deals with the same issue as the Or HaChaim's letter: "Regarding the dear R. Yehudah ibn Nachmias…". The letter of the Yaavetz is written on a leaf attached to that on which the Or HaChaim wrote his letter, indicating that both letters were sent together to the rabbis of Meknes.
On leaf 137 – one of the earliest documents in the present volume – a halachic ruling regarding land in the Jewish quarter of Fez which served as a dump, signed by R. Saadiah ibn Danan, R. Immanuel Serero and R. Vidal HaTzarfati. Fez, 1670. The ruling begins: "Since one of the king's officers once passed through and saw a large dump in the Jewish quarter… and he was angered and decreed that the community clear it, which requires much money…". Further in the leaf is an addition signed by R. Saadiah ibn Danan and R. Vidal HaTzarfati, followed by another addition dated 1674, signed by R. Maimon son of Chaim Aflalo and R. Shmuel Adahan ("the scribe"). On verso of leaf is another ruling, dated 1675, signed by R. Maimon Aflalo and another signatory.
On leaf 70 – an early document – is a decree by the rabbis of Fez dated 1690, regarding a tax exemption for schoolteachers and Torah scholars, signed by R. Menachem son of David Serero, R. Vidal HaTzarfati, R. Shalom son of Yehudah Siboni, R. Maimon son of Chaim Aflalo, R. Shmuel ibn Danan, R. Moshe HaKohen, R. Maimon ibn Danan, R. Saadiah ibn Danan and other signatories. At the end is an addition dated 1696, signed by R. Avraham Maimaran. On verso of leaf – additional halachic ruling on the issue, signed by R. Yehudah ibn Attar, R. Avraham ibn Danan and the Yaavetz, followed by a confirmation with additional signatures. Printed in Takanot Chachmei Fez, pp. 331-332, decree 53.
On leaf 212 – letter to R. Yehudah ibn Attar, handwritten and signed by R. Chaviv Toledano, regarding writings and halachic rulings R. Moshe Chagiz had sent to him (through Gibraltar), regarding the Sabbatean Nechemiah Hayyun. At the end of the letter there is also mention of R. Tzvi Hirsch Ashkenazi, the Chacham Tzvi. Printed in Takanot Chachmei Fez, p. 911, document 24.
On leaves 228-229 – copying of a responsum handwritten by the Yaavetz (unsigned), regarding a tax deduction for R. Shmuel de Avila (brother-in-law of the Or HaChaim, author of Even Shmuel and Keter Torah). A halachic discussion on the tax exemption for Torah scholars is followed by praise for R. Shmuel: "We knew this R. Shmuel in Meknes as a diligent learner… and we presume he retained this quality after he went to Salé, especially since we learned by hearsay that his strength today is the same as it was then…". Interestingly, R. Shmuel de Avila's book, Keter Torah, discusses the honor of Torah scholars and the obligation to exempt them from community taxes. This book was printed in Amsterdam, 1725, prefaced by approbations by Moroccan rabbis, including his brother-in-law the Or HaChaim, R. Yehudah ibn Attar and the Yaavetz.
On leaf 251 – halachic ruling handwritten by the Yaavetz (incomplete), regarding the estate of his teacher R. Vidal HaTzarfati, beginning: "In Tevet 1719 I was in Fez and the heirs of my close teacher R. Vidal HaTzarfati the third came to court…". He goes on to write: "After they made their claims for us in a court of three judges, namely the great rabbi R. Yehudah ibn Attar, the perfect scholar and dayan R. Avraham ibn Danan and me, the most junior one, Yaavetz…".
[263] leaves (including several blank leaves – outer wrappers of the letters). Size of leaves varies; maximum size: approx. 22 cm. Condition varies between leaves, over fair condition (some leaves in poor condition). Stains and wear (dampstains and traces of mold on some leaves). Tears and open tears (some large), affecting text in several places. Detached leaves and gatherings. Placed in a new binding and slipcased.
"A holy angel… father of all the Torah scholars of North Africa…" – R. Chaim ibn Attar, the Holy "Or HaChaim"
R. Chaim ibn Attar (1696-1743), known as the holy Or HaChaim, was a famed Torah scholar, posek, kabbalist and holy man. He was a leading rabbi of North Africa (Morocco) and Jerusalem, and served as Rabbi of Salé. His first work, Chefetz Hashem on the Talmud, was printed in Amsterdam, 1732. In 1739 he began his journey to Eretz Israel, where he intended to establish a yeshiva to be named Knesset Yisrael, whose members would conduct themselves in holiness and piety and study Torah day and night in order to hasten the redemption.
On his way there he passed through Italy, where he stayed some three years (1739-1742), intending to recruit members for his yeshiva and emigrate from there to Eretz Israel. He was received with great honor in Livorno, where he made his home into a Beit Midrash which many people visited to hear his discourses and teachings. His visitors included important and wealthy community members whom R. Chaim ibn Attar influenced to support the yeshiva he was going to establish in Jerusalem. In Livorno he founded a committee called Knesset Yisrael, whose members were merchants and rich community members.
He traveled to other communities in Italy, including Venice, Modena, Ferrara and Mantua, and also founded a similar committee in Modena. At the same time, he gathered a group of disciples who joined with his family and a few disciples who had come with him from Morocco, forming the group that immigrated with him to Eretz Israel. At that time he also worked to prepare his works for printing (his book Or HaChaim was printed in Venice in autumn 1741, a short time after his immigration to Eretz Israel; his work Pri Toar was likewise printed in Amsterdam, 1742, after his immigration; both works were printed with the support of Livorno wealthiest persons).
On Rosh Chodesh Av 1741, he departed Livorno on his way to Eretz Israel, together with his companions, numbering thirty persons. In Jerusalem the Or HaChaim established his yeshiva, which many eminent scholars and kabbalists of Jerusalem joined (on the yeshiva and its organization, see: Benayahu, "History of the Knesset Yisrael Beit Midrash in Jerusalem", Yerushalayim, II, 1949, pp. 103 ff [Hebrew]). R. Chaim ibn Attar sadly passed away suddenly about a year later, on 14 Tammuz, 1743. Reportedly, the Baal Shem Tov apprehended his sudden death with ruach hakodesh, and reported that Shabbat that "the western candle has gone out".
According to Chassidic lore, the Baal Shem Tov's aspiration to immigrate to Eretz Israel derived from his desire to meet R. Chaim ibn Attar, who was a "spark of the mashiach", and to cooperate with him to hasten the redemption. Earlier in 1742, the Baal Shem Tov had asked his brother-in-law R. Avraham Gershon of Kitov to move to Jerusalem in order to approach and learn from the "western candle". Reputedly, the Baal Shem Tov sent his brother-in-law several lofty questions to ask the Or HaChaim in his name.
The Chassidic masters praise the Or HaChaim extensively. In Netiv Mitzvotecha, Rebbe Yitzchak Eizik of Komarno quotes the Baal Shem Tov's high appraisal of the Or HaChaim's soul; for instance: "…Every night he heard Torah from G-d, and his great holiness cannot be written; and he was among those who descend upon the Merkavah…". R. Efraim Zalman Margaliot, author of Beit Efraim, writes of him: "A holy angel, an exceedingly awesome man of G-d… father of all the Torah scholars of North Africa…".
R. Chaim Yosef David Azulai (the Chida), who studied under him during his short stay in Jerusalem, writes of him: "R. Chaim ibn Attar, a holy angel from Salé, came to Jerusalem in the summer of 1742. And I merited to be a member of his elevated yeshiva, and I saw with my eyes the greatness of his Torah. He would uproot mountains of mountains, and his holiness was absolutely wondrous. He struck awe in our generation in study, and he was like an ever-gushing fountain… and in Tammuz 1743 he was called up to Heaven at the age of 47. He authored Chefetz HaShem, Rishon LeTzion, Or HaChaim and Pri Toar, and his sagacity is discernable from his books, yet this is only a tenth of his wisdom and heart's expansiveness and unbelievable sharpness. He conducted himself continuously in holiness and separation from worldly matters, and his mighty deeds of awe were many…" (Shem HaGedolim, Maarechet Gedolim, Chet, 42).
The Or HaChaim commentary on the Torah was accepted throughout the entire Jewish world and became a classic commentary in Chumash editions. This composition was especially sacred to the leaders of the Chassidic movement. The book gained recognition at once, due to the Baal Shem Tov's praise, as the Chida, disciple of the Or HaChaim, relates in his book Shem HaGedolim: "The commentary on the Torah by the outstanding and holy R. Chaim ibn Attar, printed in Venice alongside the text of the Torah with Targum and Rashi. And we hear that it is now held in high regard in Poland, and was printed there in another two editions. And this was due to the praise of the holy R. Yisrael Baal Shem Tov for the greatness of R. Chaim's soul" (Maarechet Sefarim, Alef, 54).
Chassidic leaders describe the importance and holiness of the book in effusive terms. Rebbe Yisrael of Ruzhin stated that learning the Or HaChaim commentary purifies the soul. His son Rebbe David Moshe of Chortkov related that after hearing this, he began learning the Or HaChaim commentary on the weekly portion consistently. R. Pinchas of Korets testified that he was the one who publicized the Or HaChaim, through an episode which occurred in Chyhyryn, when he exclaimed that he could see a great light in the city and he inquired whether anyone held a book of the Or HaChaim commentary in their possession. When the book was found, he asserted that it was what was illuminating the whole town. On a different occasion, his son took ill, and he undertook to learn a page a day of the Or HaChaim commentary (Imrei Pinchas HaShalem, I, p. 281).
The Arvei Nachal once remarks of the Or HaChaim that "his words are attainable only through ruach hakodesh".
When he came to Jerusalem, the Or HaChaim purchased a courtyard in the city (which is traditionally held to have been the birthplace of the Arizal two centuries earlier), where he established his Beit Midrash. Even after his sudden death, his yeshiva remained in the Beit Midrash, which was one of the few synagogues not destroyed by the Jordanians in 1948. After the Six Day War and the establishment of the Jewish quarter in the Old City, the Beit Midrash was renovated on the Or HaChaim street.
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 Rabanan, leaf 95) and R. Baruch Toledano (1738-1817; Malchei Rabanan, p. 24b).
R. Moshe (son of R. Daniel) Toledano, Maharmat (1724-1773; Malchei Rabanan, p. 95a). Disciple of R. Mordechai Berdugo and R. Chaim Toledano, he was a leading rabbi of Meknes. He authored Melechet HaKodesh, HaShamayim HaChadashim, Mishchat Kodesh and other books. In 1769 he was appointed dayan in the great Beit Din of Meknes alongside R. Shlomo Toledano (Maharshat; his cousin) and R. Yekutiel Berdugo, and for the first two years of his office, also R. Yaakov Toledano (Maharit). After the Maharit's passing, their Beit Din was known as the Meknes "Beit Din of three".
R. Shlomo Toledano, Maharshat (1789; Malchei Rabanan, p. 116b), disciple of R. Yaakov Toledano. A rabbi and dayan of Meknes, he served on the "Beit Din of three" alongside R. Yekutiel Berdugo. Author of Piskei Maharshat.
Other rabbis of Meknes include: R. Yosef ibn Bahtit (d. 1711; Malchei Rabanan, pp. 58b-59a), a rabbi of Meknes and teacher of R. Moshe Berdugo (the Mashbir).
R. Shmuel ibn Wa'ish (1738-1818), a leading rabbi of Meknes and a dean of the city's yeshiva. He was renowned for his piety, good deeds and acumen, and "great wonders were seen at the time of his death" (Malchei Rabanan, leaf 121). Wondrous deeds are told of him, including an incident when a lion was frightened away from the city by his intense holiness.
R. Moshe Adhan, Maharma (d. 1737; Malchei Rabanan, p. 88b). Served on the Beit Din of the Mashbir and R. Yaakov Abensour, and succeeded the former as Rabbi of Meknes. He was reputed to have had ruach hakodesh (Malchei Rabanan, ibid.). His brother was R. Maimon Adhan (d. 1815; Malchei Rabanan, p. 81a), a posek in Meknes. The Chida writes of both brothers in Shem HaGedolim, stating that they were reputed for their wisdom, piety, holiness and greatness.
In addition, the present volumes contain the handwriting and signatures of leading rabbis from Marrakesh, Rabat, Salé, Sefrou and Tétouan, as will be delineated below.
