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Bidding Information
Lot #    18010
Auction End Date    6/12/2007 10:05:30 AM (mm/dd/yyyy)
          
Title Information
Title (English)    She'elot u-Teshuvot (Ma-ha-Rik)
Title (Hebrew)    שאלות ותשובות מהרי'ק עם תשובה מהר'ר ברוך בנימין
Author    [Ms. responsa by R. Baruch Benjamin]
City    Cremona - Jerusalem
Publisher    Vincenzo Conti
Publication Date    1557
          
Collection Information
Independent Item    This listing is an independent item not part of any collection
          
Description Information
Physical
Description
   Second edition. [12], 173 [i.e. 172] ff., 298:201 mm., wide margins, usual age staining, extensive responsa in ink on title verso, p. [12] v., and final f. A very good copy bound in later half leather and paper over boards, rubbed.
          
Paragraph 1    The copy of R. Israel Benjamin, with his signature on f. [2] and final, several marginal notes, then by decent to his son, R. Baruch, writer of the responsa. Responsa on the subject of women taking a bath after the ritualarium.

R. Baruch b. Israel Benjamin (17th cent.), received his early education from his father, then proceeded to the yeshiva of R. Isaac Gaon, where Kabbalah was included in the curriculum. He was a signatory to the regulation of 1646, which exempted rabbinic scholars from taxation (A. Ankawa, in Kerem Hemed 2 (1871), 22b). In 1657 he, together with other Jerusalem kabbalists, endorsed the certificate which declared that Baruch Gad, the Jerusalem messenger to the East, had visited the Ten Lost Tribes. Some of his responsa were published in Mishpetei Zedek (1945, nos. 66, 95, 98, 100, 131, 133) of his friend, Samuel Garmison. While serving as dayyan in Jerusalem he wrote a work on divorces (Jerusalem Ms. Heb. 8°199). Toward the end of his life he traveled to Egypt, possibly as an emissary, and he died there.

R. Israel Benjamin (c. 1570–1649), posek and kabbalist, who was among the greatest of Egyptian and Jerusalem scholars of his century. According to David Conforte he was also called "Israel Eliakim." Benjamin was a disciple of R. Eleazar Monzalavi and his friend Samuel b. Sid, and corresponded with R. Jacob Castro of Egypt (Oholei Ya'akov, 1738, no. 58). According to Conforte a collection of more than a hundred legal decisions and a book of scriptural exegesis by Benjamin was in the possession of his son R. Baruch Benjamin in Jerusalem. The Hidah also saw a manuscript of his responsa. R. Abraham Azulai quotes new rulings by Benjamin in his annotations. He was a disciple of the kabbalist R. Joseph ibn Tabul in Egypt. In the manuscript Ozerot Hayyim by R. Hayyim Vital (Ms. Jerusalem 8°370) there are annotations by Benjamin, as well as statements of R. Ibn Tabul that the latter heard from the Ari z’l. Benjamin taught Kabbalah in Egypt and Jerusalem. His disciples include R. Meir Anaschehon and R. Meir Poppers. They had Benjamin's annotations to other writings of Ari z’l, as well as a mahzor based on the Kabbalah; these are found in Beit Mo'ed in the manuscripts of R. Solomon b. Benjamin ha-Levi. R. Hayyim Vital's Sefer ha-Gilgulim contains glosses by Benjamin. An immigrant from Carpi who went to Jerusalem in 1625 found manuscripts of the Ari z’l in the possession of Benjamin. He served in Jerusalem as dayyan and was one of the prominent scholars in the town. In 1623 he signed an agreement not to cause division in the community and in 1625 he signed an agreement to exempt the scholars from taxes. In that year the Jews of Jerusalem suffered from the oppressive rules of Ibn Farruk, and Benjamin signed a circular entitled Hurvot Yerushalayim which was handed to emissaries who were sent to the Diaspora with the aim of collecting money for the reconstruction of the community. His signature is also found in a letter to Fez in 1630. In 1646 he was the head of the Jerusalem rabbis. In 1649 he signed first on the endorsement (haskamah) of Joseph Caro's Maggid Meisharim (vol. 2, Venice 1649).

          
Detailed
Description
   R. Joseph b. Solomon Colon (ma-ha-Rik; c. 1420–1480), was taught by his own father, an eminent talmudist. In his early youth he left France, where he was born, and led the life of a wanderer, gaining a livelihood by teaching children. In 1462 he headed a yeshiva in Seville. He held rabbinical positions in Pieve di Sacco, Mestre (before 1467), Bologna, and Mantua (apparently from 1467). In Mantua he and Judah b. Jehiel Messer Leon became involved in a dispute, as a result of which they were banished by the authorities. Ma-ha-Rik afterward became rabbi of Pavia, making it the center of talmudic learning in Italy. Scholars in Germany, Turkey, and Italy sought his decisions on Jewish law. After his death his responsa were collected and have since been frequently reprinted and published (Venice, 1519 etc.). His decisions had great influence on later Italian halakhah, and there is scarcely an Italian rabbi of the 16th and 17th century who does not quote him. In the responsa he endeavored not only to decide the case but also to lay down general principles according to which related cases could be decided. Possessed of a wide knowledge of rabbinic literature, great critical insight, independence of thought, and a strong sense of justice, he spoke out courageously against many decisions that were widely accepted at that time. He upheld the claims of an individual against an arbitrary majority. He was not cowed by authority, and firmly, though respectfully, reproved Israel Bruna, the foremost German talmudist of his time, for presuming to act as a judge in a dispute in which he was an interested party. When a false accusation was made against some Jews of Regensburg, and the neighboring communities refused to be taxed for their ransom (although agreeing to make voluntary payments), Ma-ha-Rik decided that since such false accusations could also be brought against them, it was in their interest and, consequently, their duty, to pay the tax (resp. no. 4). On one occasion, Ma-ha-Rik's zeal for justice and truth led him into a dispute with R. Moses b. Elijah Capsali of Turkey. Having been wrongly informed that the latter had been lax in decisions concerning divorce and betrothal, Ma-ha-Rik, to protect the sanctity of marriage against the ill-considered decisions of individual rabbis, wrote three letters to the leaders of the Constantinople community, threatening to place R. Capsali under a ban if he did not cancel his decisions and do public penance. This unprecedented attack on the rights of the community aroused a furore in Constantinople. R. Capsali answered the attack vehemently. Soon many of the leading rabbis of the day were embroiled in the dispute, which ended when Ma-ha-Rik learned that he had been the victim of intrigue. With this discovery, Ma-ha-Rik's remorse was as swift and thorough as had been his rebuke, and he did all within his power to make amends to the victim of his unjust attack, to the degree of sending his son Perez to travel to Constantinople and beg forgiveness of R. Capsali. Colon is the author of a commentary on the Sefer Mitzvot Gadol of R. Moses b. Jacob of Coucy, part of which was published in Munkacs (1899). His Seder ha-Get appeared in R. Judah Minz's She'elot u-Teshuvot (Venice, 1553).
          
Paragraph 2    ... נתאזרנו... להדפיסו שנית... עם מראה מקום. ועשינו לו ידים בתשובותיו. סדרנו לו לוח חדשה מסודר' על סדר הלכו' הרמב"ם ז"ל. והגהנוהו בתכלית הדיוק...

בשער: שי"ז. קולופון: והיתה השלמתו... יז חשון שנת ופרשת בתם לבבי ובנקיון כף עשיתי זאת [שי"ח]. דף 12-2: "ושנסתי את מתני אני... חייא מאיר בכהר"ר דוד ... ועשיתי מכל תשובה שורש אחד", מן ההוצאה הראשונה."ואנחנו המדפיסים... העתקנו השרשים והענפים על סדר הלכות הרמב"ם". דף [12,א] שיר ושבח... להמחבר. פותח: אחפש בנרות למלא שחוק פי לשוני רננה שפתי תהילה. עיין: אוצר השירה והפיוט, א, עמ' 120, מס' 2543. עם שירו של ר' חייא מאיר.

          
Reference
Description
   Moriah, 18.5-6, p. 30-34; CD-EPI 0162806; EJ; H. Rabinowicz, Life and Times of Rabbi Joseph Colon (University of London, 1947)
        
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Listing Classification
Period
16th Century:    Checked
  
Location
Israel:    Checked
Italy:    Checked
  
Subject
Halacha:    Checked
Responsa:    Checked
  
Characteristic
Language:    Hebrew
  
Manuscript Type
Responsa:    Checked
  
Kind of Judaica