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