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Only edition of these novellae on tractates Niddah, Rosh Ha-Shanah, and Kinnim by R. R. Simeon ben Zemah Duran (Rashbaz). There is an approbations from R. Rafael ben Eliezer Meldola. The text follows in two columns in rabbinic letters. R. Simeon ben Zemah Duran (Rashbaz, 1361–1444), a prominent rabbinic authority, philosopher, and scientist. He was born in Majorca to R. Zemah Astruc Duran. In his youth Simeon studied in Palma (Majorca) at the yeshivah of R. Ephraim Vidal, who was martyred in the year 1391, and in Aragon at that of R. Jonah Desmaestre, whose daughter he later married. Educated in accordance with the old Spanish method, he acquired a thorough knowledge of mathematics, astronomy, science, logic, and particularly medicine, which was to become his profession. After his return to Majorca, Simeon practiced as a physician and surgeon in Palma, and he seems to have been in comfortable circumstances. He was also highly esteemed as a rabbinic scholar and even his teacher Ephraim Vidal sought his advice. His prestige there can be gauged from the fact that 44 years after he had left the island he addressed a letter to the Jews of the island reproaching them for negligence in some religious practices and admonishing them to change their way of life.
After the massacre of 1391 in which he lost all of his fortune, Simeon left Majorca for Algiers together with his father and family. Jews from other parts of Spain also immigrated to North Africa, and the arrival of the immigrants had a beneficial effect upon the native Jews there. It caused a revival of knowledge and scholarship, which had been neglected and was in a state of great decline. Spanish rabbis now became religious leaders of African communities. In Algiers the aged R. Isaac bar Sheshet was appointed chief rabbi and was also nominated a supreme judge of the Jews by the king. Simeon seems to have joined his bet din. Having lost all his fortune and being unable to earn his livelihood from his medical profession, since the native population resorted to superstitious practices rather than to medical help, he was forced to accept a salaried office of rabbi. As Maimonides had prohibited the acceptance of a salary for a rabbinical office, and since in Algiers only Maimonides' decisions were regarded as authoritative, Simeon later found it necessary to justify his action.
The nature of Simeon's official activity during the lifetime of Isaac b. Sheshet can be seen from the following examples. In 1394 a commission to deal with matrimonial laws was appointed, consisting of R. Bar Sheshet, R. Isaac Bonastruc, a rabbi in Algiers, and Simeon, who was asked by the other members to draft the ordinances; his draft was accepted in its entirety. Originally intended for the Spanish immigrants, the ordinances were soon adopted by some of the native Jews as well and were authoritative for African Jewry for centuries. A ban against informers issued about that time was also signed by R. Bar Sheshet, Bonastruc, and Simeon. From the very fact that R. Simeon signed third, it is obvious that he was not assistant chief rabbi as some scholars believe (at least not at that time). R. Simeon was appointed chief rabbi (he himself says dayyan) with the request that his appointment not be confirmed by the king. (According to the report of the Algerian rabbis in the introduction to Tashbez, Simeon's appointment already took place during the older man's lifetime.) During his period of office Simeon was very active. While he had to fight some practices not in accordance with Jewish religion current among the native Jews, he had to raise his voice against his own countrymen who criticized the doctrines of terefah and were lax in the observance of some commandments. As judge, Simeon was regarded as an undisputed authority, and interesting facts have become known of his legal proceedings. From various communities, questions were sent to him about religious and legal matters. He had to deal with the problem of the Marranos from the religious and legal points of view. Of his pupils only Abraham ha-Kohen Sholal is known by name, but he may have been his pupil when he was still in Majorca.
R. Simeon was against adopting stringent practices (humrot) which had no foundation in the Talmud; he said that one should be stringent with oneself, but lenient with others. There were some contradictions in him, however, which can also be found among other Spanish scholars. On the one hand he was meek, but on the other he praised himself for his wisdom. Although he greatly admired Maimonides and followed his philosophical views, he believed in astrology which Maimonides so strongly opposed, and he quoted R. Abraham Ibn Ezra in connection with astrology, calling him "he-Hasid." A characteristic feature of the method employed in his decisions as posek is given by Simeon himself: "In reaching my decisions I do not grope like the blind grope along the wall, for I give a decision only after studying the case carefully. I have never given a decision which I later retracted" (Tashbez, pt. 3, no. 189). His decisions were indeed always correct; they exhausted all existing sources and discussed all opinions, leaving no possibility of controverting them. His decisions became authoritative in North Africa (see introduction to Tashbez). The takkanot he drafted were in vogue among the Jews in North Africa for centuries, and his responsa were a guide to later posekim who frequently quote them (e.g., R. Joseph Caro, Beit Yosef EH 119, 122, 126, 130, 134, 140, 141, 143; they became known to R. Caro through R. Jacob Berab; see introduction to Tashbez). R. Hayyim Benveniste established the principle that in cases in which Simeon's decisions contradict those of R. Solomon b. Abraham Adret, the decision is according to the former (Keneset ha-Gedolah, HM 386). Preference should also be given to Simeon when he is contradicted by R. Israel Isserlein. |
