Bidspirit auction | Historical Item! An original Chumash

Historical Item! An original Chumash used for the administration of oaths to Jewish witnesses in the Christian court of Prague — bearing a handwritten certification by Rabbi Eliezer Fleckeles, Av Beis Din of Prague, and by the censor Karl Fischer. - Chamishah Chumshei Torah, with Haftaros and the Five Megillos. Sulzbach, 5562 [1802]. A Special Copy Designated for the Administration of Oaths to Jewish Witnesses in Christian Courts Presented here is a rare and fascinating historical item, used in the official courts of Prague for administering oaths to Jews during legal proceedings. Jewish witnesses appearing before the court were sworn upon this very Chumash. Affixed before the title page is a handwritten document in German, bearing the signature and official seal of the gaon Rabbi Elazar Fleckeles, Raavad of Prague, certifying that this volume was suitable for administering oaths to Jews in court. Alongside appears the signature of Karl Fischer, the royal censor, editor, and Hebrew translator. The origin of this practice lay in the mistrust that authorities harbored toward Jewish oaths, due to the Kol Nidrei prayer and the custom of annulling vows. As a result, Jews were required to swear special oaths in court, sometimes under degrading conditions. Initially, such oaths were administered upon books of the New Testament, but following petitions from Jewish communities, permission was granted for Jews to swear upon a Tanach or Chumash. Emperor Franz Joseph I was among the first rulers to authorize the use of printed Chumashim for this purpose. To establish the halachic validity of the practice, the authorities consulted the rabbi of Prague, the author of Noda BiYehudah, who addressed the matter in a detailed responsum (Mahadura Kama, Yoreh Deah, no. 71). The Gaon Rabbi Elazar Fleckeles and the Censor Karl Fischer: Rabbi Elazar Fleckeles and the censor Karl Fischer maintained an unusual friendship and even corresponded with one another in Hebrew. In Teshuvah MeAhavah (Part I, no. 26) is printed a responsum written by Rabbi Elazar to Karl Fischer regarding Jewish oaths before non-Jews, discussing the significance of placing one's hand upon a Chumash, tefillin, and the Sefer HaZohar during the oath. The Chumash contains handwritten markings at the verses of the curses in Parashas Bechukosai and at verses of the Aseres HaDibros, indicating the locations upon which the witness was to place his hand while taking the oath. The leaves were also numbered by hand up to these pages in order to facilitate access to the relevant text in court proceedings. The gaon Rabbi Elazar Fleckeles (1754–1826), one of the foremost disciples of the Noda BiYehudah and Raavad of Prague. From 1779 to 1783 he served as Av Beis Din of Goitein, and from 1783 onward as dayan and Raavad of Prague, where he became renowned as one of the leading Torah authorities of his generation. Author of Teshuvah MeAhavah (three parts) and other important works. Details: [1], 339, 28, 32 leaves. Complete and well-preserved copy. Tears to the margins of two pages, not affecting the text. Leather spine partially detached, stamped in German for identification and accessibility within the court system. Good to very good condition.