Bidspirit auction | Five Manuscript Volumes – Pnei

Five Manuscript Volumes – Pnei Shlomo by Rabbi Shlomo Abensour – Selected Laws and Novellae on Choshen Mishpat and Even HaEzer – Copied by His Son Rabbi Refael Abensour, With His Additions – Unpublished Work - Five manuscript volumes, Pnei Shlomo, selected laws, novellae and customs of Moroccan rabbis, on Shulchan Aruch – Choshen Mishpat and Even HaEzer, by R.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,