Bidspirit auction | Chumash on which Jews Took


Chumash on which Jews Took an Oath in the Prague Courtroom - with Confirmation and Signature of the Rosh Av Beit Din of Prague the Gaon Rabbi Elazar Fleckeles - Chumash with Chamisha Chumshei Torah, on which Jews put their hand while taking an oath in the Prague courtroom, with the confirmation and signature of the Rosh Av Beit Din of Prague the Gaon Rabbi Elazar Fleckeles, handwritten by him in German.  Enclosed with this copy, which was used as the Chumash on which the Jews took an oath, are three official governmental documents, including: A document by Carl Fischer, the chief censor and Hebrew book reviewer on behalf Emperor Franz Joseph, confirming to the Ministry of Justice that this books is the Jewish Law of Moses and is fit to be used by the court.  In addition, an official and numbered printed document in German from the Prague courtroom confirming the court hearing with an addition on it handwritten by the Gaon Rabbi Elazar Fleckeles, Rosh Av Beit Din of Prague, confirming the above with his German handwritten signature.  At the request of the authorities, Rabbi Yechezkel Landau, the Rav of Prague, wrote a lengthy and detailed responsum on the subject of taking an oath in the courtroom, writing about the severity of perjury and about taking an oath on a Sefer Torah. In his responsum, he proved to the authorities that an oath can be taken on printed Bibles. (His responsum was printed in Shut Noda BiYehuda, Mahadura Kama, Yoreh Deah, Siman 71).  The Noda BiYehuda's disciple, Rabbi Elazar Fleckeles, corresponded on this subject of the severity of taking an aoth in court and placing one's hand on the book while taking the oath with the chief censor Carl Fischer and his detailed response was printed in Shut Teshuvah MeAhava section I Siman 26.  The Jewish Oath (juramentum more judaico): There was a special and degrading oath Jews were forced to take in hearings of Chrisitan or Islamic courts.  Gentiles had received information about the custom of Hatarat Nedarim (annulment of vows) by means of the Kol Nidreai Prayer and by other means, which led to mistrust of Jewish oaths since if a Jew had the means to annul a vow, his oath was not worth much.  The special Jewish oath, which was meant to override the Hatarat Nedarim, was first formulated in the days of the Byzantine Empire under the rule of Emperor Justinian I, in 531. By a Saxonian law from 1800, a Jew had to be sworn on a Sefer Torah opened in the chapter of the Ten Commandments while pointing at the third commandment [You shall not take the name of the Lord your God in vain, for the Lord will not hold him guiltless who takes his name in vain” (Sefer Shemot, 20:6)] in the presence of three decent Jews who are not his relatives or partners.  This is true also to this Chumash - the oath taken was on the third commandment of the Ten, which was parenthesized in this Chumash.  Rabbi Elazar Fleckeles (1754-1826) : one of the leading rabbis of Prague, a leading disciple of Rabbi Yechezkel Landau, the Noda BiYehuda, and the Rosh Beit Din of Prague in his time. Was also renowned as a Darshan. His halachic responsa was printed in his book Teshuvah MeAhava.  Chumash with a German elucidation of difficult words, Chamesh Megillot and Haftarot. Vienna, ca. 1800.  163, [1], 43 leaves + [3] leaves. Good condition. Original binding, partly detached and with blemishes to its edges. Some detached leaves.  Rare and unique historical item!