Manuscript, an encyclopedic work of topics (arranged alphabetically), three parts – on Even HaEzer, Yoreh Deah and Choshen Mishpat, handwritten by R. Yaakov Moshe Ayash – expansion and recension of a work by R. Yitzchak HaKohen Rappaport, author of Batei Kehunah, with additions by his disciple, the Shaar HaMelech. [Ca. 1780s-1800s].
The present manuscript is a full volume in the characteristic neat handwriting of
R. Yaakov Moshe Ayash. The volume includes three parts (on Even HaEzer, Yoreh Deah and Choshen Mishpat). Each part contains entries spanning the Hebrew alphabet, with pages of addenda at the end of each part.
At the beginning of the first two parts appear poetic introductions by R. Yaakov Moshe Ayash. These disclose that the present work is made of three layers: the basis for the work is an encyclopedia authored by R. Yitzchak HaKohen Rappaport, author of Batei Kehunah (this work is preserved in several manuscripts, usually under the name Rimzei Dinim). The work was later edited and expanded by the disciple of the Batei Kehunah, R. Yitzchak Nunez-Belmonte, author of Shaar HaMelech. The recension of the Shaar HaMelech reached R. Yaakov Moshe Ayash, who added many entries as well as glosses and other additions to the earlier entries, and copied it all neatly by hand. R. Ayash states in his introduction that some entries are marked with a hand, indicating an original entry. As R. Ayash's additions expanded the work significantly (more than doubling its size), the present work is effectively a large, original work of his.
In his original entries, R. Ayash refers to various sources, including manuscript works available to him, including references to manuscripts by R. Chaim ibn Attar (pp. 87a, 88a), R. Yehudah Briel (pp. 56b, 58a-b, 67a and many more places), Pachad Yitzchak (pp. 17a, 58b, 74a and more). In many places he signs his name with his initials (p. 33a, 59b, 55b), and refers to his own works and those of his father (pp. 49b, 80b). He often refers to the Chida, with a blessing for the living (for example p. 72b).
At the end of the volume (leaves 146-147, 166-169), R. Ayash copies formulas for ketubot and halachic documents, according to the customs of Jerusalem, Ferrara, Siena and Livorno.
At the beginning of the manuscript R. Ayash copies responsa by the Rosh not included in the printed Responsa of the Rosh, as quoted in Chazeh HaTenufah, as well as a summary of some of the printed responsa of the Rosh.
R. Ayash added various selections over several leaves throughout the volume. The last leaf (detached, may have originally been the first leaf of the volume) contains various inscriptions of sayings and poems, signed with his initials (deleted).
This manuscript eventually reached the possession of R. Shlomo Eliyahu Abensour in Morocco (1822-1873, rabbi in Fez, a descendant of the Yaavetz; Malchei Rabanan, p. 116a), who added his glosses (some signed with his initials: pp. 93b, 95b, 96b, 118b, 121a, 126b) and several leaves in his own handwriting at the end of the volume (as well as an inscription in his handwriting on p. 91b). It isn't clear whether R. Shlomo Eliyahu Abensour identified the author of the present work. The manuscript was later purchased by Victor Klagsbald as part of the Abensour Family Collection, and its contents had not been determined until now.
The Rishon LeTzion R. Yaakov Moshe Ayash (d. 1817), son of R. Yehudah Ayash, a leading posek of North Africa (author of Beit Yehudah, Lechem Yehudah, Bnei Yehudah, VeZot LiYehudah, Mateh Yehudah, Shevet Yehudah and Kol Yehudah). Immigrated with his father and his family to Eretz Israel, settling in Jerusalem, In 1779 he was dispatched as an emissary of Jerusalem to Algeria and Morocco, and from there he traveled to Livorno (where he printed his father's Mateh Yehudah) and stayed there for over thirty years, serving as a posek and teacher of Torah in Siena and Ferrara. His disciples from those days became distinguished Italian rabbis, including: R. Chananel Nepi, R. Yaakov Yisrael Karmi and others. After the passing of R. Moshe Yosef Mordechai Meyuchas (in 1806), he was summoned to succeed him as Rabbi of Jerusalem and Rishon LeTzion, a position he held until his passing. His only works to be printed are two prayer booklets (Derech Chaim, Livorno 1790; and order of Hakafot for Simchat Torah, Venice 1794), while the rest of his works either remain in manuscript or were lost (see below).
The Orach Chaim section of the present work:
An encyclopedic work on halachah and customs of Jerusalem, handwritten by R. Yaakov Moshe Ayash, was published in Min HaGenazim XI (Modiin Ilit: Ahavat Shalom, 2018, pp. 119-163), based on a manuscript in the Benayahu collection in Jerusalem. As the part printed is on Orach Chaim, it stands to reason that it was the first part of the present work (which comprises the other three parts of the Shulchan Aruch). This is further corroborated by cross-references between the present parts and the Orach Chaim part (and vice versa). However, further research is necessary to determine whether the Orach Chaim part is also originally based on a work by the Batei Kehunah.
The loss and rediscovery of the work:
R. Aryeh Leib Frumkin describes the works of R. Yaakov Moshe Ayash (Toldot Chachmei Yerushalayim, Jerusalem 1929, p. 189): "Few works by this rabbi remain, for alien hands took hold of them…". A bibliographical sketch by an unidentified rabbi of Jerusalem (published in the abovementioned issue of Min HaGenazim, pp. 119-122) states: "He authored a number of books, Shevut Ami, responsa; Derech Ami, homiletics and the like; and an encyclopedic work called Yabia Omer; but they were stolen…". The encyclopedic work here mentioned as one of the stolen works may be identified as the present manuscript, which somehow reached Morocco and was held in the Abensour family archives, until its present identification.
[170] leaves. 20 cm. Good-fair condition. Stains, including dampstains. Wear. Worming and tears, slightly affecting text in several places. Detached leaves. New binding, with slipcase.
Provenance:
1. Abensour Family Collection, Fez, Morocco.
2. Victor Klagsbald Collection – Morocco, no. 7.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, p. 28. The manuscript is described briefly, without identification of author or contents.
