Auction 102 Part 1 Hebrew Manuscripts and Books from the Victor (Avigdor) Klagsbald Collection
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Volume of manuscripts, halachic rulings, ordinances, responsa, letters and documents – autographs and signatures of Moroccan rabbis. [Morocco, most documents and letters from 17th-18th centuries].
Large-format volume, originating from the collection of the Abensour family, descendants of the Yaavetz (one of the volumes assembled by R. Refael Abensour the last, Rabbi of Fez), with a particularly large collection of autographs and signatures of the leading Moroccan rabbis of the 17th and 18th centuries. The volume includes halachic correspondence and many halachic rulings of the rabbis of Fez and Meknes, prominently featuring R. Yehudah ibn Attar (Mohariba), R. Yaakov Abensour (the Yaavetz), R. Moshe Berdugo (the Mashbir), R. Chaim Toledano (Maharchat) and his brother R. Yaakov Toledano (Maharit), R. Chaviv Toledano and other leading rabbis and dayanim of these cities. In addition, many letters and halachic rulings are included by rabbis of Salé (at the time of the Or HaChaim's stay in the city), Tétouan, Sefrou and other cities in Morocco. Many letters of the rabbis of these cities were addressed to the Yaavetz and to the abovementioned rabbis of Fez and Meknes, to which they respond or add their own responsa in the margins of the letters.
The letters and documents in the present volume include:
• Halachic ruling written in Fez in 1582, by the rabbis of Fez, "while we, the signatories, were gathered in the new synagogue". The bottom of the ruling containing the signatures is torn, leaving behind only remains of a few signatures. At top of leaf, late inscription (apparently handwritten by the Yaavetz), with names of signatories: R. Shlomo Uziel, R. Binyamin Nahon, R. Avraham ibn Rimoch, R. Yitzchak Abzardiel, R. Yosef Nahon, R. Yitzchak Chagiz, R. Yehudah Uziel, R. Avraham son of R. Yitzchak HaKohen, R. Yitzchak Abensour, R. Saadiah son of R. Moshe ibn Reboh.
• Letter to the rabbis of Salé, dated 1666, signed by the dayanim of Fez – R. Saadiah son of R. Shmuel ibn Danan and R. Imanuel Serero.
• Letters and halachic rulings handwritten and signed by great scholars of the circle of kabbalists in Marrakesh – R. Avraham ibn Musa (Raavam), R. Avraham son of R. Yisrael Azulai, R. Shlomo son of R. Avraham Amar (on this circle see: R. Moshe Hillel, Teudah LeToldot Chug Mekubalei Marrakesh BaDor HaRishon, Min HaGenazim, X, 2017, pp. 23-51).
• Letters and halachic rulings of the rabbis of Salé, including R. Shalom Abensour, R. Yitzchak de Loya (halachic teacher of R. Avraham ibn Musa and R. Shlomo Amar), and others.
• Letters sent by rabbis of Algiers: a 1696 letter addressed to the dayanim of Fez, signed by R. Maimon Yafil – Rabbi of Algiers (author of Pri Tzaddik, Livorno, 1759; d. 1727) and R. Yosef Muati; letter signed by R. Maimon Yafil and R. Saadiah son of R. Nehorai Azubib (signature of latter partially lacking); a 1740 letter to the Yaavetz in Tétouan, signed by R. Yehudah Ayash (author of Beit Yehudah), R. Avraham Yafil, R. Yitzchak Shuraki and R. Yosef Binyamin Duran (this last letter was published by R. Mordechai Amar in Takanot Chachmei Fez, I, document 31, pp. 935-941).
• Ordinance of the rabbis of Fez, dated 1677, on representation before the authorities, with many signatures, including: R. Saadiah son of Shmuel ibn Danan, R. Yehudah son of Yosef Uziel, R. Mordechai son of Yitzchak Assaban, R. Vidal HaTzarfati, R. Menachem son of David Serero, R. Yaakov ibn Danan and others (published in Takanot Chachmei Fez, I, ordinance 50, pp. 323-324).
• Ordinance of the rabbis of Fez, while in Meknes, dated 1708, signed by R. Yehudah ibn Attar, R. Shmuel HaTzarfati, the Yaavetz and R. Avraham ibn Danan (published in Takanot Chachmei Fez, II, ordinance 62, pp. 519 ff.).
• Ordinance of the rabbis of Fez, dated 1712, abolishing the tax on raisins, grapes, figs and dates, signed by R. Yehudah ibn Attar, R. Shmuel HaTzarfati and the Yaavetz (published in Takanot Chachmei Fez, I, ordinance 63, p. 389).
• Ordinance of the rabbis of Fez, dated 1713, signed by R. Yehudah ibn Attar, R. Shmuel HaTzarfati, the Yaavetz and R. Avraham ibn Danan (published in Takanot Chachmei Fez, I, pp. 372 ff.).
• Ordinance of the rabbis of Fez, dated 1737, signed by the Yaavetz, R. Shalem Edre'i, R. Shmuel Elbaz, R. Shlomo Adahan, R. Avraham Attiya and R. Yosef ibn Saadon (published in Takanot Chachmei Fez, II, ordinance 83, pp. 645-647).
• A copying of a lengthy halachic ruling by the Or HaChaim, dated 1727, "which we were asked to copy from the handwriting of my teacher… R. Yehudah ibn Attar…". At the end of the halachic ruling: "Signed… Chaim ibn Attar". The copying is verified by the signatures of: R. Chananiah ibn Zikri (a rabbi in Meknes, wrote an approbation to Chefetz Hashem by the Or HaChaim) and R. Yehudah son of R. Reuven Abensour (brother of the Yaavetz). To the best of our knowledge, this ruling by the Or HaChaim has not been printed.
• Two documents (dated 1734 and 1737) feature the signatures of R. Shmuel son of R. Yitzchak Elbaz (along with the Yaavetz and others). R. Shmuel Elbaz (the Rashba) was a companion of the Or HaChaim, and fellow dean of the Fez yeshiva (in his introduction to his Pri Toar, the Or HaChaim refers to him as "great and mighty, unique in his generation, greatest of the rabbis, sage of the sages, the dayan R. Shmuel ibn Elbaz…" and "my brother", and writes that he did not dare to sign his teachings without his approval).
• Halachic ruling signed by R. Eliezer de Avila, a rabbi in Salé, nephew of the Or HaChaim.
• Letters and halachic rulings of the rabbis of Tétouan, including: letter to the rabbis of Fez – R. Menachem Serero, R. Vidal HaTzarfati and R. Yehudah ibn Attar – signed by R. Chasdai Almosnino, Rabbi of Tétouan (d. 1728; author of Mishmeret HaKodesh); a halachic ruling dated 1696, signed by R. Yitzchak Bibas (d. 1698) and R. Chasdai Almosnino; a halachic ruling dated 1739 handwritten and signed by R. Menachem Attiya, Rabbi of Tétouan (disciple of R. Chasdai Almosnino), and more.
• Over ten letters and halachic rulings signed by the rabbis of Sefrou – R. Shmuel ibn Chuta, R. Yeshuah son of R. Moshe ibn Chamu, R. Meir son of Yosef de Avila and others (ca. 1707-1727).
• Halachic rulings by rabbis of Gibraltar, dated 1732-1733 and 1739, signed by R. Yaakov Shuraki, R. Yom Tov ibn Saadon, R. Shlomo ibn Amara and others.
• Letter addressed to the philanthropist Avraham Maimran, in Ladino (bottom half of leaf and verso handwritten by the Yaavetz).
Other signatories in the present volume include: R. Yehudah HaLevi, R. Shlomo Adahan, R. Maimon ibn Danan, R. Shalem Lekhrief, R. Yosef Shukrun, R. Eliyahu HaKohen, R. Maimon Bussidan, R. Machluf son of R. Mordechai Harosh, R. Shmuel ibn Saadon, R. Machluf Butbul, R. Yaakov ibn Malka, R. Shlomo Abudarham, R. Refael David ibn Attar, R. Oved ibn Attar, R. Refael Oved Abensour, R. Eliyahu HaTzarfati, R. Matitiah Serero, R. Refael Berdugo, R. Moshe Tobi, R. Maimon Berdugo, R. Shlomo Toledano, R. Yosef Attiya, R. Shlomo son of R. Avraham HaKohen Alchadad, R. Yosef ibn Melul, R. Avraham son of R. Meir Bibas, R. Mordechai HaKohen Alkhalatz, R. Elazar David HaLevi, R. Yaakov Bar Shaya, R. Shmuel Karo, R. Aharon HaTzarfati, R. Yaakov Bibas, R. Yachya Abecassis, R. Yosef Saba, R. Moshe Adahan, R. Avraham David ibn Chasin, R. Yaakov Bahtit, R. Saadiah son of R. Maimon Aflalo, R. Shimon HaKohen Skali, R. Eliezer son of R. Daniel Bahalul, R. Yosef son of David Saadon, R. Shlomo Benveniste, R. Shlomo son of R. Shalem Shoshana, and many others.
[212] leaves. Most leaves in large format – approx. 25-30 cm. Fair condition. Stains (dampstains and traces of mold to several leaves). Wear and tears. Open tears, affecting text on some leaves. Placed in new binding (detached) with matching case.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 51.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 106-112.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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.
Volume of manuscripts, halachic rulings, responsa, letters and documents – autographs and signatures of Moroccan rabbis. [Morocco, ca. 1706-1766].
This volume includes many letters handwritten by R. Yaakov Abensour – the Yaavetz, with letters addressed to him by leading Torah scholars of his generation, as well as many leaves handwritten by the Yaavetz with autograph novellae, copyings of halachic rulings and more (the exterior of the letters addressed to him was extensively used by him as space for writing). In addition, the volume includes many letters and halachic rulings handwritten and signed by leading Moroccan rabbis: from Fez – R. Yehudah ibn Attar (teacher of the Yaavetz), the members of the Beit Din of the Yaavetz, R. Shalem Edre'i, R. Avraham Alal and R. Shmuel Elbaz; disciples of the Yaavetz, members of the "Beit Din of Five" in Fez – R. Eliyahu HaTzarfati, R. Shaul ibn Danan, R. Efraim Monsonego and R. Matitiah Serero, and other rabbis of Fez; leading rabbis of Meknes – the Mashbir, the Marbitz, R. Chaim Toledano, R. Yaakov Toledano, R. Yekutiel Berdugo, R. Shlomo Toledano, R. Moshe Elbaz, and others; and rabbis of Marrakesh and other cities in Morocco (many signatures recur, some many times).
The letters and documents in the present volume include: a halachic ruling handwritten and signed by R. Chaviv Toledano, also signed by his brother R. Moshe Toledano (before 1716); a halachic ruling from Fez, 1707, signed by R. Yehudah ibn Attar, R. Shmuel HaTzarfati, R. Avraham ibn Danan and the Yaavetz; a halachic ruling handwritten and signed by R. Yehudah ibn Attar, dated 1725, with an added ruling handwritten and signed by the Yaavetz, with signature of R. Moshe Adahan and an addition handwritten and signed by R. Moshe Berdugo – the Mashbir; a letter to the Yaavetz handwritten and signed by R. Chaim Toledano of Meknes, also signed by R. Mordechai Berdugo (the Marbitz); a letter handwritten and signed by R. Khalifa Malka of Mogador (author of Kaf Naki), addressed to the Yaavetz; a letter from R. Shalom son of R. Moshe Abensour of Salé, to his cousin the Yaavetz; and more.
Other signatures appearing in the present volume include: R. Yehudah HaLevi, R. Yaakov ibn Danan, R. Chasdai Almosnino, R. Shmuel ibn Saadon, R. Yehonatan Monsano, R. Yaakov ibn Malka, R. Masud ibn Nachmias, R. Reuven ibn Assulin, R. Shaul ibn Danan, R. Maimon Adahan, R. Shlomo Abudarham, R. Yosef Attiya, R. Avraham Korkus, R. Yitzchak Harosh, R. Yitzchak Pinto and others.
[126] leaves. Approx. 20 cm. Fair condition. Stains, tears and wear. Open tears and worming, affecting text. Detached leaves and gatherings. Placed in new binding (detached) with matching case.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 39.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 83-87.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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. S
Manuscript, sermons and novellae on the Bible, Talmudic Aggadot and Midrashim, handwritten by the author, R. Yaakov Abensour – the Yaavetz. [Morocco, ca. 17th-18th centuries], beginning 1689.
Complete volume. Autograph written by the Yaavetz, in his characteristic handwriting. The volume contains lengthy sermons alongside short novellae and commentary on verses, Talmudic Aggadot and Midrashim. This volume was written by the Yaavetz over a period of years, irregularly, and many passages conclude with his signatures.
Leaves 38-58 are apparently the earliest, written in the Yaavetz's youth, beginning from the age of 17. These leaves appear to be the first core part of the manuscript (they were numbered 1-21 by the Yaavetz). The Yaavetz put the year of writing on each of these pages, from 1689 to 1695 (pp. 1a-8a – 1689; pp. 8b-9b – 1690; pp. 10a-10b – 1691; pp. 11a-16b – 1692; pp. 17a-21a – 1693; p. 21b – 1695). Almost every passage of these leaves concludes with his signature.
On two sermons the Yaavetz writes that he delivered them "in a dream" (pp. 120b, 127b; both on Tehillim).
The empty leaf at the beginning of the manuscript contains an ownership inscription and signature of R. Shlomo Eliyahu Abensour (Shaavatz), son of R. Yaakov Abensour (the second) – great-grandson of the Yaavetz. There also appear signatures of "Refael".
Several leaves in the present volume were written by R. Shlomo Eliyahu Abensour, who signs in several places. Most of the passages are copyings of the writings of his ancestor the Yaavetz (leaves 59, 96-99, 109-110, 128-129), apart from leaf 59 which is a copying from "the writing of my grandfather R. Shlomo Shmuel Abensour in the name of the Berach Yitzchak – so says Shaavatz", and on leaf 128 which is copied from "the writing of R. Shmuel ibn Danan…".
Leaf 37 is handwritten by the Yaavetz's son, R. Refael Oved Abensour, who signs his name at the end of the passage: "So it appears to me, Oved Abensour".
Calligraphic signatures on leaves 18-19: "Reuven", "Reuven Abensour".
The contents of the present manuscript have been printed in Vayikra Yaavetz, Machon Malchei Rabanan – Ashdod, Jerusalem 2002. This printing has all the passages in the manuscript reordered after the Bible and Talmud, without documenting the original location of the novellae and sermons in the manuscript or attempting to distinguish early from late parts. This is especially true of the contents of leaves 38-58, which, as noted, were written by the Yaavetz from 1689-1695. The passages on these leaves are scattered throughout the printed book without notice of the date of writing of the novellae, or of their belonging to the Yaavetz's early years.
[183] leaves (including several blank leaves; late pencil foliation). Approx. 19 cm. Fair-good condition (varies between leaves). Stains. Wear and tears. Worming, affecting text. Detached leaves or gatherings. New cardboard binding, detached. Slipcased.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 1.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, p. 21.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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; M
Volume of manuscripts, halachic rulings, letters, responsa and ordinances – hundreds of pages handwritten by R. Yaakov Abensour – the Yaavetz, who signed his name in dozens of places, with dozens of autographs (handwritten material and signatures) of leading contemporary dayanim of Fez and Meknes, and others. [Fez, Meknes and other cities in Morocco, first half of 18th century].
The present volume is one of the anthologies compiled by R. Refael Abensour (the last), Rabbi of Fez, from his ancestral collection. The majority of the volume is handwritten by his grandfather R. Yaakov Abensour – the Yaavetz, while part of it comprises letters addressed to him by leaders of his generation, as well as halachic rulings and ordinances signed by the Yaavetz, members of his Beit Din in Fez, and leading rabbis of Meknes who served as his fellow dayanim during his stay there.
The leaves contain copyings handwritten by the Yaavetz, of rulings and responsa he wrote, some of which are arranged by topic (e.g. laws of partnerships, yibum, etc.). The earliest rulings copied by the Yaavetz here are dated 1697 and 1709, and later from the 1720s, 1730s and 1740s. In addition, the volume includes original letters and rulings written and signed in the 1710s-1740s. The earliest one is a letter addressed to R. Moshe Toledano and his brother R. Chaviv Toledano in 1712, handwritten by the Yaavetz and signed by R. Yehudah ibn Attar, the Yaavetz, R. Shmuel HaTzarfati and R. Avraham ibn Danan. Early rulings include: one handwritten and signed by the Yaavetz in Meknes, 1724; and another one from 1727 where he signs alongside the Mashbir; and more.
The volume also includes autographs of the leading rabbis of Morocco in that generation – letters and halachic rulings handwritten and signed by: R. Yehudah ibn Attar (the first), R. Moshe Toledano, R. Chaviv Toledano, R. Moshe Berdugo – the Mashbir, R. Chaim Toledano – Maharchat, R. Yaakov Toledano – Maharit, R. Mordechai Berdugo – the Marbitz, R. Moshe Adahan, R. Shalom Edre'i, R. Avraham ibn Danan, R. Shmuel Elbaz, R. Shmuel HaTzarfati, R. Shlomo Abudarham, R. Yaakov son of Yosef ibn Malka, R. Yehudah son of R. Reuven Abensour (brother of the Yaavetz), R. Refael Oved Abensour (son of the Yaavetz), R. Eliyahu HaTzarfati, R. Matitiah Serero, R. Shlomo Tapiero, R. Efraim Monsonego and others.
[382] leaves (including several blank leaves – outer wrappers of some letters). Varying size; maximum size: approx. 20 cm. Varying condition of leaves, overall fair-good condition. Stains (including dampstains; traces of mold on several leaves). Wear, worming, tears and open tears, affecting text in several places. Detached leaves and gatherings. Placed in new binding with matching case.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 37.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 77-82.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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 app
Volume of manuscripts, responsa and works – autographs of R. Yaakov Abensour (the Yaavetz), his descendants and several Moroccan rabbis. [Morocco, 18th and 19th centuries]. Includes booklet handwritten and signed by R. Yaakov Sasportas – a lengthy halachic responsum written to the rabbis of Fez. [Salé, 1642].
Bound in the present volume is a booklet (leaves 101-103) with a lengthy responsum handwritten and signed by R. Yaakov Sasportas, beginning: "The perfect scholars, sitting at judgment, instructing their people and nation in justice, R. Saadiah ibn Danan and R. Imanuel Serero". At the end he signs: "These are the words of the servant of G-d, the least of the scholars, signing in Parashat [Shemini], rejoicing in the words of the Sages which break open rocks like a hammer, Yaakov Sasportas". This responsum was printed with variants in his Ohel Yaakov, section 8 (among other differences, the concluding line quoted above is greatly abbreviated). The printed responsum adds (at the beginning and end) that it was sent from Salé to Fez in 1642.
In addition, the volume includes:
• Responsa and halachic rulings by the Yaavetz, with halachic rulings of other Torah scholars of his generation (some of the page headers read "Responsa of R. Yaakov Abensour"). Most of them are copied by R. Refael Abensour (the last), Rabbi of Fez, with glosses and notes by the copyist R. Refael (some signed with his initials). At top of p. 77a: "I began to copy the book of rulings of grandfather R. Yaakov Abensour on 29th Kislev [1844] in Fez… So says… [Refael] son of R. Shlomo Abensour".
Responsa from this manuscript were printed in Kerem Chamar Part I, to which R. Refael's note on p. 11a makes reference: "May G-d reward R. A[vraham] Ankawa for his work printing this responsum in his book Kerem Chamar… among several responsa by my grandfather. And most of the responsa in this volume are the same as the ones printed in the abovementioned book, as he took them from this copy which I lent him. And with G-d's help, when I have free time I will emend the errors of the above printing, which is full of them in deficiencies and additions to the point of fatiguing the mind; go and see. R[efael] Ab[en]s[our]".
• Among the leaves of the volume appear also original halachic rulings, with autograph signatures of the Yaavetz and other Moroccan rabbis: A ruling from 1715 signed by R. Yehudah ibn Attar and the Yaavetz, with additional halachic rulings on the same issue, dated 1722-1732, signed by R. Yehudah ibn Attar, R. Mordechai Lankri, R. Shmuel ibn Saadon, R. Shmuel son of David Ochayon and others (leaves 36-37); halachic rulings from 1732-1733 signed by R. Yehudah ibn Attar and the Yaavetz (leaf 46); a lengthy letter of the Yaavetz addressed to his peer R. Yaakov ibn Malka, with R. Yaakov ibn Malka's response to the Yaavetz at the end (leaves 71-74; the Yaavetz signs this letter: "oppressed with suffering, the crushed and wretched Yaakov Abensour"); and additional halachic rulings signed by: R. Refael Oved Abensour, R. Eliyahu HaTzarfati, R. Matitiah Serero, R. Efraim Monsonego, R. Refael Yaakov ibn Simchon, R. Shaul son of R. Yaakov ibn Danan, R. Shlomo Eliyahu Abensour and others.
• Leaves 114-120, 133-171: Selected halachot of tzitzit, tefillin and the morning prayers, handwritten by R. Shlomo Eliyahu Abensour. On p. 133a: "I saw in the handwriting of… my uncle R. Refael Abensour on the side of Machazik Berachah where he wrote as follows…". His signatures ("Shaavetz") on p. 144a, at end of gloss, and on p. 161b.
On leaves 121-132 – copying of responsa and rulings of Moroccan rabbis, also handwritten by R. Shlomo Eliyahu Abensour.
• Leaves 172-183: "Commentary on Tractate Sukkah by… my grandfather R. Refael Abensour", handwritten by R. Refael Abensour the last.
183 leaves (several additional leaves blank). Maximum size (most leaves): 24 cm. Fair condition. Stains, tears and wear. Several leaves in poor condition, with open tears affecting text. On some leaves, dampstains and mold stains. Detached leaves and gatherings.
• Enclosed: Handwritten booklet, work on the Hebrew calendar (intercalation, moladot and tekufot, with circular diagrams). Western script. Written in 1672 (as stated in colophon on p. 3a) by R. Masud son of R. Levi Nachmani, a rabbi in Meknes (regarding him see: Malchei Rabanan, p. 85a; his name appears in several places in the work, and his calligraphic signature appears on p. 9b).
[11] leaves. Approx. 20 cm. Fair condition. Stains. Worming, affecting text.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 47.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 104-105.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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 distingui
Manuscript, Rosh Mashbir – Talmudic novellae by R. Moshe Berdugo, the Mashbir. [Meknes, Morocco, ca. early 18th century].
Western script, by several writers. The present manuscript is an original manuscript of the work written in the circle of the author – the Mashbir, handwritten and annotated by his disciples – leading Torah scholars of Meknes – R. Chaim Toledano (Maharchat), his brother Rabbi Yaakov Toledano (Maharit) and other disciples of the Mashbir.
The present volume includes the novellae on Tractates Eruvin, Pesachim, Chagigah, Beitzah, Moed Katan, Rosh Hashanah, Taanit, Sanhedrin, Horayot, Shevuot, Makot, Bava Metzia, Gittin and Megillah (as well as one leaf with beginning of novellae on Tractate Shabbat). The hands of different scribes alternate frequently throughout the volume, and the novellae seem to have been written during the course of study at the yeshiva of the Mashbir. The two main scribes appear to be his disciples R. Chaim and R. Yaakov Toledano. In addition, autograph glosses of the disciples appear on the margins.
On p. 12b: "…Novellae of… R. Moshe Berdugo".
At the beginning of the novellae on Tractate Gittin (p. 105a; caption faded and partially lacking): "Tractate Gittin [---]… R. [---] Moshe Berdugo who… [---] for a society of Torah scholars studying Torah all day".
On p. 89b, decorated inscriptions of "Moshe Berdugo" (apparently imitations of the signature of the Mashbir). Additional inscription "Moshe Berdugo" on p. 104b.
The work is written in two formats:
1. Most of the volume (leaves 1-89) is written in two columns per page, in alternating hands. In margins, glosses of R. Yaakov Toledano, R. Moshe Toledano and others (some of these glosses have not been published; see below).
2. Beginning with Tractate Bava Metzia until the end (also including Tractates Gittin and Megillah; leaves 90-117), the manuscript is written in one column per page, in alternating hands. In this part, the students' novellae are at times incorporated with the main text as part of the discussion. For example, on p. 105b: "…Avraham ibn Chasin answered this question… and Maharam Berdugo answered this…". Next appears a section in a somewhat different handwriting, ending "so it seems to me, Moshe", followed by another section signed "Avraham ibn Chasin", immediately followed by another section signed "Yaakov Toledano". Further on the same leaf, another section ending "Avraham ibn Chasin", and then "And to me Yaakov Toledano it seems…".
Throughout the volume appear autograph glosses on the margins of the pages, some signed, including many glosses by R. Yaakov Toledano (usually signed with his initials, and in two places just "Yaakov"), R. Yehudah Berdugo (signed with his initials), R. Moshe Toledano (son of R. Yaakov Toledano, signed "Moshe Toledano", or with surname abbreviated or omitted), and other glosses by unidentified writers.
On p. 8a, gloss by R. Yaakov Toledano (signed with his initials), followed by another gloss by his grandson R. Moshe Maimran (with his signature at end) disagreeing with his grandfather and supporting the Mashbir. In one place, gloss by R. Yaakov Toledano (signed "Yaakov") written after the passing of the Mashbir, who is mentioned with the blessing for the deceased (p. 13b).
On p. 108b, copying of the words of the author: "From here on diligence has decreased, because of our sins which caused the death of the bright candle, the pious one, who was killed along with his brother… From this point on I write without leisure and without concentration here and there. So says the occupied and young Moshe Berdugo" (with representation of his calligraphic signature).
In novellae on Tractate Eruvin, several illustrations (pp. 14a, 15b).
Rosh Mashbir was first printed in Livorno, 1840, from one of the many copies of the work produced in Morocco. It has recently been printed in a new edition (Haifa, 2012), based on several manuscripts. The present manuscript is one of the earliest, written by the author's disciples during his lifetime, while studying under his tutelage. This manuscript provides evidence for the formation process of the work, during joint study sessions of the Mashbir and his disciples. Some of the glosses in the present manuscript have not been printed in the Livorno edition or in the new edition. A small number of glosses printed in the Livorno edition were mistakenly incorporated within the main text of the work, whereas one can discern from the present manuscript that it was the gloss of a student (for example, in Pesachim 55a, the printed edition incorporates a passage that appears to continue the Mashbir's commentary, while the present manuscript has it as a marginal gloss signed by R. Yaakov Toledano). Later copyings of the work produced in Morocco had the students' glosses enclosed in "windows", but the present manuscript is the original, with glosses handwritten by the students themselves (on Rosh Mashbir and a copying later than the present manuscript, with the students' glosses copied, see: R. Avraham Hillel, Sekirot Chiburim BeKitvei Yad, Min HaGenazim, XI, 2018, pp. 350-359).
Rabbi Moshe Berdugo (1679-1731), one of the greatest sages of the Maghreb, known as HaRav HaMashbiR, served as the head of the yeshiva and chief rabbi of Meknes during the era of the Or HaChaim, with whom he shared a deep friendship. The Or HaChaim mentions him in Chefetz Hashem (Shabbat 10b): "If I were to recount the very incident that led to this interpretation, it was the actual ruach hakodesh that brought it about, as my esteemed brother, the great sage, R. Moshe Berdugo, and I arrived at it inadvertently in the synagogue. My soul is bound to his…".
The Chida (Shem HaGedolim, entry Mashbir) relates that the Or HaChaim praised him for his straightforwardness and depth of study.
Among R. HaMashbir’s distinguished disciples were some of Morocco’s most renowned sages, including his cousins, R. Chaim Toledano (Maharchat) and his brother, R. Yaakov Toledano (Maharit), as well as R. Mordechai Berdugo (HaRav HaMarbitz), who was also his son-in-law. His novellae on the Talmud, published under the title Rosh Mashbir, were printed in Livorno in 1840.
[117] leaves (late pencil foliation; leaf 54 bound out of place, should be between leaves 47-48). Approx. 28 cm. Fair-poor condition. Stains (ink stains and dark stains on several leaves). On all leaves, tears, open tears and worming, affecting text in many places. On several leaves, text faded and illegible. All leaves professionally restored with paper filling. Detached leaves and gatherings. Placed in new binding (detached) with matching case.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 17.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 44-45.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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
Manuscript, Mishmeret HaKodesh, on Rashi's commentary on the Torah, by R. Chasdai Almosnino, Rabbi of Tétouan, with appendix by R. Moshe Berdugo (the Mashbir) and R. Mordechai Berdugo (the Marbitz), handwritten by R. Shmuel ibn Wa'ish. Meknes, [Kislev 1759].
Neat Western script. The manuscript begins with a color-illustrated title page, with decorations characteristic of Morocco (horseshoe arches, geometrical and floral patterns). The manuscript continues with color-illustrated initial words, with similar decorative characteristics (next to the initial word of Devarim is an animal illustration).
Colophon of scribe on title page: "The work of copying was completed on 7th Kislev [1759], the copyist Shmuel ibn Wa'ish… here in Meknes".
Another colophon at end of work (p. 165b): "May G-d Who helped me start and finish to copy this book assist me to copy other books… the copyist Shmuel ibn Wa'ish".
Leaves 168-188 contain a work composed of selections on the Torah portions. At top of first page: "Kuntres Acharon, which is selections on Rashi, from the Mashbir, and also from my teacher and master the Marbitz, and also other commentators…". The page headers are labeled "Kuntres Acharon" (appendix).
On last page of Kuntres Acharon is another colophon: "This book was completed… on Tuesday, 7th Kislev [1759], here in Meknes… the copyist Shmuel ibn Wa'ish".
Afterwards appear two leaves (189-190) with novellae by R. Shmuel ibn Wa'ish, who signs his name at the end: "My humble opinion, Shmuel".
Mishmeret HaKodesh by R. Chasdai Almosnino, a leading Moroccan Torah scholar and Rabbi of Tétouan (d. 1728), first printed in Livorno at the initiative of prominent members of the Gibraltar community. The present manuscript contains textual differences, and it was one of the manuscripts that formed the basis of the new edition of the work published by Ahavat Shalom, 2013 (see foreword to that edition).
The copyist of the present manuscript, R. Shmuel ibn Wa'ish, was a rabbi and dayan in Meknes, a close disciple of R. Mordechai Berdugo (the Marbitz). The Torah novellae by R. Moshe Berdugo (the Mashbir), selected by R. Shmuel, have been printed in the Mashbir's book Kenaf Renanim; however, to the best of our knowledge, the novellae by the Marbitz have not been printed, nor have the novellae by R. Shmuel at the end of the manuscript.
[190] leaves (including several blank leaves). 15.5 cm. Fair-good condition. Stains, including dark stains. Wear. Tears, open tears and damage to several leaves, affecting text and affecting decorations on title page and elsewhere. New binding.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 28.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris 1980, pp. 61-62.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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. Y
Manuscript volume, halachic rulings, letters, responsa and enactments – hundreds of autographs and signatures by Moroccan rabbis. [Fez, Meknes and other cities in Morocco, ca. 1740-1863].
Leaves and gatherings comprising rulings, halachic responsa, correspondence and enactments, written and signed by leading rabbis and dayanim of Morocco. Most of the volume comprises writings of disciples of R. Yaakov Abensour – the Yaavetz, including rabbis of the Beit Din of Five in Fez and famous rabbis of Meknes at the time, in particular members of the Berdugo family. One of the early documents (leaf 131) is signed by the Yaavetz himself – a document dated 1740 regarding the destruction of courtyards and houses in the famine, including two courtyards of R. Imanuel Monsano. Alongside the signature of the Yaavetz appears that of R. Shmuel Elbaz (a companion of the Or HaChaim who refers to him as "my brother"). Another early document (leaf 130), also dated 1740, is signed by R. Yehudah Berdugo (a companion of the Or HaChaim, author of Mayim Amukim, and brother of the Marbitz, d. ca. 1743) and R. Shlomo Tapiero.
The volume comprises dozens of autographs of dayanim of the Beit Din of Five in Fez (handwritten and/or signed by them), disciples ordained by the Yaavetz: his son R. Refael Oved Abensour, R. Shaul ibn Danan, R. Eliyahu HaTzarfati, R. Moshe ibn Zimra and R. Matitiah Serero; as well as of other leading rabbis and dayanim of Fez from the period, including: R. Yehudah ibn Attar (the second), R. Shmuel Abensour, R. Shaul Serero, R. Efraim Monsonego, R. Refael Aharon Monsonego, R. Yedidia Moshe Monsonego, R. Yehoshua Monsonego, R. Chaim David Serero, R. Yehonatan Serero, R. Shmuel Avraham ibn Zimra, R. Yosef Ashriki, R. Eliyahu Mansano, R. Nechemiah Yehudah HaKohen, R. Daniel ibn Tata, R. Yosef ibn Abbo, R. Avraham son of R. Masud ibn Sussan, R. David Botbol, R. Refael Yaakov ibn Simchon, R. Shlomo ibn Shimol, R. Yehudah son of Moshe son of Yosef, R. Yisrael Yaakov HaTzarfati, R. Moshe ibn Danan, R. Chaim Avraham HaLevi and others.
The volume also contains dozens of autographs of leading rabbis of Meknes (handwritten and/or signed by them), prominently featuring the Berdugo family: R. Yekutiel Berdugo, his brother R. Refael Berdugo ("Refael HaMalach"), R. Mordechai Berdugo, R. Yosef Berdugo, R. Petachiah Mordechai Berdugo, R. Yaakov Berdugo and R. Maimon Berdugo, as well as rabbis of the Toledano family: R. Shlomo Toledano, R. Chaim Toledano, R. Shaul Shmuel Toledano and R. Baruch Toledano. Other rabbis of Meknes whose handwriting and signatures appear in the present volume: R. Moshe Maimran, R. Maimon Bussidan, R. Shmuel ibn Wa'ish, R. Shmuel HaLevi ibn Yuli, R. Maimon Adahan, R. Yaakov Adahan, R. Shlomo ibn al-Chasin, R. Shlomo Chaliwa and others.
In addition, the present volume includes autographs by Moroccan rabbis from other cities: Sefrou – such as R. Yehudah Elbaz, R. Amor Abitbul, R. Shaul Yeshuah Abitbul (author of Avnei Shayish), R. Yehoshua Yisrael Yaakov Oliel, R. Masud Yitach, R. Yosef ibn Zikri; Rabat – R. Moshe de Avila, R. Yosef Elmaliach, R. Ayush Elmaliach; Salé – R. Eliyahu HaLevi ibn Tzfat, R. Avraham ibn Shlomo Chasan; Tétouan – R. Avraham Monsonego, R. Menachem Nahon, R. Moshe HaLevi, R. Moshe Abensour, R. Shlomo Abudarham, R. Efraim Monsonego, R. Vidal Bibas, R. Shlomo ibn Asusi.
[156] leaves (including about 15 blank leaves). Approx. 21 cm. Good-fair condition. Stains. Worming, affecting text on several leaves. Detached leaves and gatherings. Placed in new binding with matching case.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 6.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 24-27.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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
Assorted collection of letters, documents and halachic rulings – autographs and signatures of Moroccan rabbis, mainly rabbis and dayanim of Fez. [Ca. 1647-1834].
Includes a collection of letters of consolation from Moroccan rabbis, a collection of documents relating to R. Yaakov Abensour (the Yaavetz) and his family, and other documents, some early (beginning 1647, throughout the 17th century and beyond).
The letters of consolation include:
• A poetic letter of consolation sent from Oran to Fez: "To our elderly father… who is justifying the divine judgment, R. Nechemiah Kohen Khalatz… To the bright brothers R. Avraham Tzarfati and R. Moshe his brother, as well as my dear friend R. Moshe ibn Maman…". Among other things he writes: "How the princes have been killed, clothed in rocks!... How the desirable vine has been chopped down!… How the fruit of the righteous and the tree of life has been destroyed!... How the lofty holy one and the chariot of Israel bitterly groans!...". The letter goes on to mention "R. Avraham Navarro", whom the author identifies as "my cousin". The letter is truncated and lacking, and the writer (a Torah scholar of Oran, Algeria) has not been identified.
• About ten poetic letters of consolation addressed to R. Yedidiah Monsonego in Fez and his brothers R. Yitzchak, R. Eliezer and R. Shlomo, upon the passing of their father R. Aharon Monsonego, Rabbi of Fez, on 9th Av 1840. The letters are signed by: R. Yosef Berdugo, R. Amor Abitbul, R. Yehudah Elbaz, R. Menachem son of R. David Gigi, R. Yehoshafat Gigi, R. Yosef son of R. Avraham ibn Lilti, R. Shmuel Elbaz, R. Amram Elbaz, R. Chaim Toledano, R. Moshe Toledano, R. Pinchas Toledano, R. Yaakov Toledano, R. Yehudah Toledano, R. Yosef HaLevi ibn Yuli, R. Chaviv HaLevi ibn Yuli.
• A poetic letter of consolation addressed to R. Refael HaTzarfati in Fez. Signed by: R. Chaim Toledano and R. Moshe Toledano.
• A poetic letter of consolation addressed to "R. Chaim Toledano, his son R. Yosef, R. Chaviv Toledano and R. Moshe his brother, and the entire family", dated 1778, probably upon the passing of R. Daniel Toledano. Signed by the rabbis of the Mansano family in Fez: R. Avraham, R. Chaim, R. Eliyahu and R. Yaakov.
The documents relating to the Yaavetz and his family include:
• A court record dated Cheshvan 1689 for the widow of R. Reuven Abensour and their son R. Yaakov (the Yaavetz), signed by R. Chaim son of David Uziel and R. Meir Tzarfati.
• A document made for the Yaavetz, regarding a debt, in Fez, 1700, signed by R. Yehoshua son of Menachem Serero and R. Yaakov ibn Attar.
• A halachic ruling dated Tamuz 1729, signed by R. Yaakov son of Yosef ibn Malka and R. Mordechai Saba; with addition handwritten by the Yaavetz and signed by R. Shmuel ibn Saadon and R. Yosef Tzarfati[?] – regarding the one-sixth portion of the synagogue owned by the Yaavetz.
• Two documents, dated 1738 and 1749, written in Tétouan, both apparently handwritten by the Yaavetz, regarding the inheritance of four brothers of the Ibn Danan family, and the sale of part of the courtyard to the Yaavetz. Two signatures, one by R. Avraham Nahon.
• Document dated 1745: Tena'im document of the Yaavetz for his second wife Dona, signed by R. Shaul ibn Danan and R. Meir Kadosh.
• Double leaf, including: copying of a document regarding a financial investment of the Yaavetz, signed by R. Meir Kadosh and R. Elazar Assulin, with an addition on the same issue dated 1749 (where the Yaavetz seeks to withdraw the profits from his investment), signed by R. Efraim Monsonego and R. Meir Kadosh; an additional ruling on the issue for R. Refael Oved Abensour, dated 1753, signed by R. Shaul ibn Danan and R. Eliyahu HaTzarfati; and another addition dated 1755, signed by R. Yosef ibn Samun[?] and R. Yaakov ibn Naim.
• Document dated Kislev 1762, regarding the division of the inheritance of Sarah wife of R. Yehudah de Avila with her brother R. Refael Oved Abensour, signed by R. Shaul ibn Danan and R. Eliyahu[?] Mansano.
• Halachic ruling dated 1767, for R. Refael Oved Abensour, signed by R. Shmuel Shaul ibn Danan and R. Eliyahu HaTzarfati.
• Last will, dated 1769, made for R. Refael Oved Abensour, with two signatures, one by R. Eliyahu HaTzarfati.
• Document of sale, dated 1793, to the heirs of R. Shlomo Shmuel Abensour, with two signatures, one by R. Elazar HaKohen.
The other documents in the present collection include:
• Document of collateral, from Fez, 1647, signed by R. Shmuel son of R. Yaakov HaSofer, R. Reuven son of Shlomo ibn Zikri, R. Shaul ibn Danan, R. Azuz[?] son of Masud Madadsi HaSofer, and others. The document includes mentions of R. Chaim ibn Ayash and R. Avraham Adaruki.
• Halachic ruling from Fez, 1702, estimate of taxation following a tax levied by the prince, signed by R. Vidal HaTzarfati, R. Shmuel HaTzarfati, R. Yehudah ibn Attar, R. Yaakov ibn Attar, R. Yehudah HaLevi and R. Shlomo Amiel.
• Documents from Fez dated 1696, 1711 and 1729, signed by: R. Yehudah ibn Attar, the Yaavetz, R. Shalom Edre'i, R. Maimon son of Chaim Aflalo, R. Saadiah son of R. Maimon Aflalo, R. Shlomo Yosef ibn Moyal, R. Yehoshua son of Menachem Serero, R. Yaakov ibn Attar, R. Menachem son of R. Yehoshua Serero, and others.
• A document signed by R. Eliyahu HaTzarfati, on the passing of his wife, beginning: "My wife Miriam passed away to her eternal home, the mother of my son R. Yaakov… in 1778, and due to sins there was no money left at her passing…".
• More documents and halachic rulings, most by rabbis of Fez and some by rabbis of Meknes, dating to ca. the 18th century (a detailed list is available upon request).
Over 50 documents. Varying size. Most in fair-good condition. Stains, tears and wear. On many leaves, open tears and worming, affecting text.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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 Mek
Manuscript, Et Sofer and Leshon Limudim, by R. Yaakov Abensour – the Yaavetz, handwritten by his son R. Refael Oved Abensour. [Fez, ca. 1740s-1750s].
Thick volume, mostly handwritten by R. Refael Oved Abensour, who copied and edited two works by his father the Yaavetz: Et Sofer – formulas for halachic documents of various kinds, and Leshon Limudim – literary epistles written by the Yaavetz over the years. The present manuscript was written during the lifetime of the Yaavetz (that is, before his passing in 1752), as he is mentioned throughout with the blessing for the living. The last letter of the Yaavetz copied here is dated Cheshvan 1751. A few leaves appear to have been written after the passing of the Yaavetz.
Apart from the two works (Et Sofer and Leshon Limudim), R. Refael Oved Abensour additionally copied other letters and halachic rulings by his father the Yaavetz, his teacher R. Yehudah ibn Attar, and other Moroccan Torah scholars of that generation (such as: a halachic ruling by the Yaavetz addressed to the rabbis of Debdou, a halachic ruling on taxation of synagogue attendants, customs of the Maghreb according to the ordinances of the Castilian exiles, which "I copied from the manuscript of R. Yehudah ibn Attar who wrote it for Eretz Israel", and more). He likewise copied: formulas for halachic documents not included in Et Sofer; Sod Hashem with Sharvit HaZahav commentary; Refuat HaGeviyah by R. Yehudah Alcharizi, and more.
At the beginning of Et Sofer appears the introduction: "Et Sofer… tikun for documents… which I copied… Refael Oved son of R. Yaakov Abensour, with an added beautiful and refined commentary…".
At the beginning of Leshon Limudim: "Leshon Limudim, which I copied, Refael Oved Abensour".
A copy of Leshon Limudim made by the author himself – the Yaavetz – has been preserved in JTS Ms. 3134, where the letters are ordered chronologically, while in the present manuscript the author's son R. Refael Oved Abensour ordered the book topically, with changes in wording (for example, the titles are rewritten, sometimes using first person: "Letter for a deceased, sent by my father and master R. Yaakov Abensour upon the passing of Daniel son of R. Moshe Toledano", or "Letter sent by my father and master R. Yaakov Abensour to R. Sh. Azawi, as follows…". The work was copied several times in Morocco, based on the present copy (and recension), and there is still a need for research and comparison of the author's autograph with the present manuscript.
On one of last leaves, calligraphic signature of R. Refael Oved Abensour.
In several places appear glosses by R. Shmuel Eliyahu Abensour, the great-great-grandson of the Yaavetz (signed "Shaabetz" in some glosses). At the beginning of the manuscript is a leaf, his handwritten copying of a halachic ruling, and at the end of the manuscript are three leaves, his handwritten copying of the beginning of Leshon Chachamim (a rhyming dictionary, attributed to R. Yitzchak HaKohen Rappaport, author of Batei Kehunah).
Several inscriptions handwritten by R. Refael Abensour the last, Rabbi of Fez.
R. Refael Oved Abensour (1706-1769; Malchei Rabanan, p. 105a), son of R. Yaakov Abensour, and the only of seventeen children 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.
[200] leaves (including approx. 10 blank leaves). 18 cm. Good-fair condition. Stains (including dark stains or ink stains in several places). Wear. Tears to several leaves, affecting text. Placed in new binding with matching case.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, no. 11.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 34-35.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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, Maha
Five manuscript volumes, Pnei Shlomo, selected laws, novellae and customs of Moroccan rabbis, on Shulchan Aruch – Choshen Mishpat and Even HaEzer, by R. Shlomo Abensour, handwritten by his son R. Refael Abensour (the last) Rabbi of Fez, with his own additions and additions by R. Shlomo Eliyahu Abensour. [Fez, ca. second half of 19th century].
Neat Western script, familiar as the characteristic handwriting of R. Refael Abensour. Five volumes in identical format, with original leather bindings. The main text is written only on the top part of the pages (apparently to leave room for notes to be added later). In several places, glosses and additions in margins or bottom part of page by the writer R. Refael Abensour (some signed with his name). The present work is described in Malchei Rabanan (p. 116a): "R. Shlomo Abensour son of R. Refael, a rabbi in Fez… left behind an organized book of selected laws relating to Choshen Mishpat and Even HaEzer, and details of the Takanot and brief rulings of Rishonim, comprising three parts. He called it Pnei Shlomo, and R. Shlomo Eliyahu Abensour added to it and glossated it extensively… The only son of this rabbi is R. Refael the last".
The present work is R. Shlomo Abensour's halachic work, with additions and glosses by his cousin and brother-in-law – R. Shlomo Eliyahu Abensour (who signs them with his initials: "Shaavetz"), in a neat copying by the first author's son – R. Refael Abensour (the last; Rabbi of Fez). R. Refael also included his own additions, incorporated within the text (sometimes in "windows", signed with his initials or name), and also added glosses in the margins or in the bottom part of the page. R. Refael himself sometimes adds glosses by his uncle R. Shlomo Eliyahu Abensour (whose sister was R. Shlomo Abensour's wife and R. Refael's mother; see: Amar, Takanot Chachmei Fez, p. 146, note 33).
The present manuscript is an important halachic work, well-organized and comprising the halachic rulings and customs of Moroccan rabbis. It cites, for instance, the customs of Fez, and novellae and oral teachings from manuscripts of Moroccan rabbis, for example: "R. Eliyahu Tzarfati, in his glosses on Shulchan Aruch Even HaEzer… in his handwriting" (Vol. I, p. 3b); "So I found in Likutei Dinim handwritten by R. Sh[muel] ibn Wa'ish" (Vol. 3, p. 592a); "R. Y[ehudah] Berdugo in his manuscript Sefer HaShorashim" (ibid., p. 593a); "I found in a manuscript of Likutei Dinim by R. Ch[aim] T[oledano] of Salé, which I borrowed from my friend R. Y. HaLevi… who copied an ordinance by R. R[efael] B[erdugo] and R. Shmuel ibn Wa'ish and R. Baruch Toledano, who enacted this in Shevat 1806… so says Shaavetz [R. Shlomo Eliyahu Abensour]" (ibid., p. 650b); "R. Eliyahu HaTzarfati in his manuscript halachic rulings brought from Meknes which I borrowed" (ibid., p. 662b).
Although the present volumes are not labeled Pnei Shlomo, this is clearly the same book, as it answers exactly to the description in Malchei Rabanan cited above. This work has never been printed, and to the best of our knowledge has survived in no other manuscript.
Detailed contents of volumes:
Volume I (Klagsbald Catalogue, no. 43) – leaves 1-219. In the center of the first leaf: "Part I", and at top of page: "This book comprises various selected laws of different kinds, followed by laws of claimants, laws of adjacent properties, debt cancellation and sale of immovable and movable property, laws of business ventures".
On p. 89a: "Up to here are selections by my father on these laws – from this point on are additional selections by my uncle".
Volume II (Klagsbald Catalogue, no. 44) – leaves 220-401. On first leaf: "Here are found laws of documents, collection of debt". On another leaf near beginning of volume: "Selected laws by my father".
Volume III (Klagsbald Catalogue, no. 46) – leaves 402-673 (1-232 in another foliation). On first leaf: "Written inside are laws of collection of debt, acquisition and gifts, laws of partners, joint ownership of land and presumption of ownership of land".
On p. 654b: "From here on are selected laws collected by my uncle".
Volume IV (Klagsbald Catalogue, no. 45) – leaves 1-190. On first leaf: "Written magnificently in this book are laws of inheritance, ketubot according to our community's custom, removal of a daughter from her father's property, laws of divorce and betrothal, defiant wives and matchmaking fee".
Volume V (Klagsbald Catalogue, no. 50) – leaves 1-190 (178-367 in another foliation). Includes: laws of hired labor, indirect causation of damage, last wills, taxes and trusteeship.
Leaves with original rulings:
At the end of volumes IV and V are bound leaves with original halachic rulings by R. Shlomo Eliyahu Abensour (Shaavetz), most bearing his signature, and some also handwritten by him (the earliest ones are dated 1847-1848), as well as several original rulings by Moroccan rabbis, with their signatures (including a ruling dated 1768, signed by R. Eliyahu Tzarfati, R. Matitiah Serero and R. Shmuel Shaul ibn Danan [each of whom signed twice]; a ruling signed by R. Yaakov Serero; and a ruling signed by R. Aharon HaKohen and R. Moshe Attiya).
5 volumes. Hundreds of leaves. Approx. 20 cm. Overall good-fair condition. Stains. Browning of paper in some places. Several leaves and gatherings loose. Worming to several leaves and bindings. Original leather bindings. Damage to bindings. One of the bindings is partially detached.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – Morocco, nos. 43, 44, 45, 46, 50.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, pp. 103-104, 106.
Estimate: $15,000-20,000
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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
Manuscript, halachic works and responsa handwritten by R. Shlomo Abensour and his son R. Refael Abensour, bound with several original halachic rulings signed by the Yaavetz and Moroccan rabbis. [Most of the volume dates to the 19th century; several leaves from mid-18th century].
The present volume comprises several works: The first half (leaves 1-194) is a neat copying handwritten by R. Refael Abensour (the last), of halachic rulings and responsa from Moroccan rabbis, copied by his ancestor the Yaavetz, with many responsa and halachic rulings of the Yaavetz himself. On some of the leaves, R. Refael Abensour added his own glosses and additions (sometimes signed with his initials).
The second half of the volume comprises works copied by R. Shmuel Abensour (father of R. Refael the last), including: responsa and halachic rulings on various issues by R. Shmuel Abensour (leaves 203-210, and several other leaves), Zoveach Todah, with novellae and comments by R. Shmuel (leaves 211-227), copyings of responsa of Moroccan rabbis (leaves 227-250), order of the Get (leaves 259-260), Likutei Pesakim (selected rulings, 214 paragraphs; leaves 267-293), Kitzur Minhagei Bedikot HaReah by R. Refael Berdugo, with additions of his son R. Maimon Berdugo, and additions by R. Shmuel (leaves 295-302) and additional selections on laws of terefot (leaves 303-310). In several places, marginal glosses by R. Refael, the scribe's son.
Among the leaves are also bound original letters and halachic rulings, with autograph signatures of Moroccan rabbis:
On leaf 261 – halachic ruling from 1748, signed by R. Yaakov Abensour – the Yaavetz, R. Shmuel Elbaz and R. Yosef son of Avraham Attiya (on first page, marginal gloss handwritten by the Yaavetz).
On leaf 262 – halachic ruling dated 1775, signed by rabbis of Fez – R. Eliyahu HaTzarfati, R. Matitiah Serero and R. Shmuel Abensour.
On leaf 294 – halachic ruling dated 1790, signed by R. Eliyahu HaTzarfati.
On leaves 295-297 – halachic ruling dated 1836, signed by rabbis of Sefrou: R. Yehoshua Yisrael Yaakov Oliel, R. Amor Abitbol, R. Shmuel Elbaz and R. Amram Elbaz.
Original leather binding, made in Morocco by R. Yosef son of R. Moshe Abuchatzeira of Fez. On front and back of binding, embossed decorations reading: "This is my work, Yosef son of R. Moshe Abuchatzeira" (regarding this individual and his bookbinding work, see: R. Sh.Z. Miyara, Geonei Mishpachat Abuchatzeira, I, 2014, pp. 121-123).
312 leaves (including approx. 15 blank leaves). 21 cm. Varying condition: first part of volume in fair-good condition, second part in good condition. Stains. Browning of some entire leaves in first part of volume. Tears to several leaves in this part from ink erosion, affecting text. Original leather binding, damaged and with worming.
Provenance:
1. The Abensour Family Collection, Fez, Morocco.
2. The Victor Klagsbald Collection – no. Morocco 15.
Reference: Victor Klagsbald, Catalogue des manuscrits marocains de la collection Klagsbald, Paris, 1980, p. 43.
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.
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 No Amon, 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 (No Amon, 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, p. 122a), 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 son of 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 No Amon (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
Other notable Fez rabbis of the late 17th century whose signatures appear in the present catalogue include: R. Saadia ben R. Shmuel Ibn Danan (the third, passed away in 1680; Malchei Rabanan, p. 101), R. Shaul ben R. Saadia Ibn Danan (passed away in 1689; Malchei Rabanan, p. 111); R. Yehuda Uziel (the third, passed away in 1689; Malchei Rabanan, p. 51), R. Emmanuel Serero (Malchei Rabanan, pp. 102-103), and others.
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 appearing in the present catalogue are the rulings and signatures of the dayanim of Fez from the generation of the Mohariba (R. Yehuda ibn Attar) and the Yaavetz (R. Yaakov ibn Tzur), including R. Shmuel Elbaz, the Rashba (1698-1749; Malchei Rabanan, pp. 120-121), one of the great sages of Fez and a close companion of the Or HaChaim HaKadosh (R. Chaim Ben Attar). The Chida (R. Chaim Yosef David Azulai) writes about him in 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 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). Also included are halachic rulings and signatures of 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), R. Yaakov ibn Malka (d. 1771; Malchei Rabanan p. 64a), and others.
Rabbis of the Berdugo Family of 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 HaKodes
