Manuscript, Novellae on Tractate Beitzah by Maharikash – With Autograph Glosses by the Author – Egypt, 16th Century

Manuscript, Novellae on Tractate Beitzah by Maharikash – With Autograph Glosses by the Author – Egypt, 16th Century

Manuscript, Shitah (novellae) on Tractate Beitzah by R. Yaakov Castro – the Maharikash, author of Erech Lechem – with autograph glosses handwritten by the author. [Egypt, ca. 16th century].

Neat scribal writing. On leaves of manuscript, many corrections and glosses, most lengthy (added passages), handwritten by the author, the Maharikash. On the last page is an inscription: "Corrected by the author".

At the beginning of the manuscript: "Novellae on Tractate Yom Tov by R. Y[aakov] s[on of] A[vraham] C[astro]". The author's colophon on completing the work (in scribe's handwriting): "This time I thank G-d… I came to complete the commentary on this tractate on Thursday, 16th Elul 1577 in the exile in the celebrated city of Egypt. May G-d grant me, my offspring, my offspring's offspring and His entire people of Israel the merit of studying, teaching, observing and performing…". It can be reasonably assumed that the copying was made soon after the completion of the work.

The handwriting of the scribe of the present work is identical to that of the novellae of Maharikash on Bava Kama (Moscow Ms. Ginzburg 950, printed by Machon Ahavat Shalom, Jerusalem 2008; also hand-corrected by the author). This scribe also wrote the (anonymous) novellae on Tractate Shevuot, HUC Ms. 106 (the first leaves of this manuscript were written by R. Avraham Monzon the elder, a peer of Maharikash; see inscription by R. Yehudah Azulai at beginning of manuscript). This scribe also copied a responsum of Maharikash in Ms. Jerusalem 8=2001, vol. 2, leaves 203-206, and part of Benayahu Ms. EG 6. The handwriting resembles that of R. Avraham Skandari (the second), a disciple of Maharikash (who also signed his name at the end of the abovementioned copying in Benayahu Ms.). However, Benayahu believes that it was written by R. Avraham Skandari's scribe (see his article: Teshuvot She'elot LehaRambam, in: Sefer Zikaron LehaRav Yitzchak Nisim, II, Jerusalem 1985, p. 201), who was also the scribe of Maharikash.

The present work – the novellae of Maharikash on Tractate Beitzah – was printed from the present manuscript under the name Toldot Yaakov, Jerusalem: Yisrael Bak, 1865, by the Jerusalem Torah scholar R. Efraim son of R. Moshe, a rabbi and kabbalist of the Beit El yeshiva (brother of R. Sason Preciado, author of Shemen Sason). On p. 65b of the present manuscript appears a signed gloss handwritten by the publisher R. Efraim. The same gloss appears in parentheses in the printed text (two more particularly lengthy glosses by R. Efraim appear in the printed text [pp. 7b, 17a], but were apparently written on a separate leaf; the margins of the manuscript have only the opening words indicating to the printer to incorporate them in the printed edition).

On pp. 108a-b, two glosses handwritten by R. Moshe Mordechai Yosef Meyuchas, signed with his initials. R. Moshe Mordechai Meyuchas (1738-1806), a leading Torah scholar of Jerusalem and the Beit El yeshiva, and Rishon LeTzion. Son-in-law of R. Yom Tov (Maharit) Algazi and friend of the Chida. Author of Berechot Mayim, Mayim Shaal, Shaar HaMayim and more.

On p. 14a, in the margin, gloss by another unidentified writer (in Jerusalem script): "I heard that it's also possible to answer…". This gloss, as well as the glosses of R. Meyuchas, were not printed in the abovementioned Jerusalem edition.

At the beginning of Toldot Yaakov is printed a short introduction by the Maharikash to the present work, written in Kislev 1575. This introduction does not appear in the present manuscript. It may have been written on the first leaf of the manuscript, which was at some point torn off and lost.

R. Yaakov Castro – the Maharikash (ca. 1525-1612), author of Erech Lechem, chief halachic authority of Egypt and a leading Torah scholar of his generation. A disciple of R. Levi ibn Habib in Jerusalem and close disciple of the Radvaz in Egypt (alongside R. Betzalel Ashkenazi, the Shitah Mekubetzet). He was considered a leading posek already in his own generation, and held Torah discussions with many rabbis across the Ottoman Empire. He is best known for his Erech Lechem – glosses on the Shulchan Aruch, and his halachic rulings and decisions became accepted law. Ca. 1570 he visited Safed, where he was hosted by R. Yosef Karo, author of the Shulchan Aruch. According to Kore HaDorot, "R. Yaakov Castro went to Safed and was a guest in the house of R. Yosef Karo, who greatly honored him". In Egypt he was named Mara DeAtra (chief halachic authority), like the Rambam and Radvaz before him. The Chida writes in his entry in Shem HaGedolim: "His rulings have been accepted throughout all of Egypt". Elsewhere he writes that Maharikash is "Mara DeAtra, whom practice follows even when he disputes Maran [the Shulchan Aruch], as is known" (Shiyurei Berachah, Even HaEzer, 129). The Chida further attests that he saw his Talmudic novellae in manuscript (Shem HaGedolim, ibid.), presumably including the present manuscript, which was held in Jerusalem by his friend R. Moshe Mordechai Meyuchas. The novellae of Maharikash on Tractate Bava Kama (two volumes) was printed by Ahavat Shalom, Jerusalem 2008, prepared for print by Prof. R. Yaakov Shmuel Spiegel (see there for an extensive preface detailing his life and works).

117 leaves. 29 cm. Good-fair condition. Stains, including inkstains and dark stains to several leaves. Some wear. Tears to first and second leaves, affecting text, partially repaired with paper. Open tear to bottom half of last leaf, not affecting text. New binding.