Tur Orach Chaim – Venice, 1563 – Hundreds of Unpublished Glosses Handwritten by Rabbi Chaim Moshe HaLevi Nazir of ...

Tur Orach Chaim – Venice, 1563 – Hundreds of Unpublished Glosses Handwritten by Rabbi Chaim Moshe HaLevi Nazir of Hebron – Glosses by Egyptian Torah Scholars

Tur Orach Chaim, with Beit Yosef. [Venice: Alvise Bragadin, 1563; second edition of the Beit Yosef]. Incomplete copy, lacking title page and several other leaves.
Hundreds of marginal and interlinear glosses. Most glosses are from one writer, identified as R. Chaim Moshe HaLevi Nazir (leading Torah scholar in Hebron in the 17th century, father of R. Yosef HaLevi Nazir author of Mateh Yosef, see below). The book also contains glosses by several other writers, presumably Egyptian Torah scholars of that generation, including glosses by R. Chaim's son, R. Yosef HaLevi, author of Mateh Yosef, and a gloss by his son's son-in-law – R. Yeshuah Shababo Zein, author of Perach Shoshan.
Hundreds of particularly lengthy glosses by R. Chaim Moshe HaLevi Nazir, comprising halachic discussions of the magnitude of an entire work. He often raises difficulties and objections to the teachings of the Beit Yosef, and occasionally even disagrees with him, though always in a submissive, humble tone. Most glosses are trimmed. These glosses were not published, and were hitherto unknown.
One gloss is signed (p. 387b): "…Chaim Moshe HaLevi".
Glosses in other hands in several places. Some resemble the handwriting of the son of R. Chaim Moshe HaLevi – R. Yosef HaLevi Nazir, author of Mateh Yosef.
On p. 292b, a gloss was added under the gloss of R. Chaim Moshe HaLevi: "[So says] Yeshuah Zein…" – this gloss was handwritten by R. Yeshuah Shababo Zein (son-in-law of the Mateh Yosef).
Gloss on p. 391b signed: "A.H.L." (presumably the initials of R. Avraham HaLevi – probably the son of R. Chaim Moshe HaLevi and younger brother of R. Yosef HaLevi Nazir). Two glosses in the same hand on pp. 392b and 431a. The gloss on p. 354b, relating to the gloss of R. Chaim Moshe HaLevi, was possibly also written by the same writer.
There are a few other glosses by writers which have not been identified, presumably Torah scholars of the same generation, possibly also from Egypt.
Inscription on the first leaf (appears twice): "Avraham HaLevi" (supposedly the son of R. Chaim Moshe HaLevi, and not R. Avraham HaLevi author of Ginat Veradim, rabbi of Egypt at that time).
Inscription on p. 252a: "Yaakov son of R. Mordechai…".

R. Chaim Moshe HaLevi Nazir, Torah scholar in Hebron in the 17th century, son-in-law of R. Avraham ibn Chananya (disciple of the Maharit), was outstanding in Halachah and piety. As his name indicates, he was a Nazirite, renowned for his holiness and asceticism. The Chida describes his exceptional holiness in his entry in Shem HaGedolim, Maarechet Gedolim, and the additional safeguards of holiness he would undertake every year.
R. Chaim Moshe HaLevi travelled twice as emissary for Hebron to Turkey and Greece, once in 1668-1671, and a second time in 1679 (see: Yaari, Sheluchei Eretz Israel, pp. 468-469). During his second mission, he met Chacham Tzvi, who reported meeting him in Belgrade, and describes that as a Nazirite, R. Chaim Moshe didn't recite Birkat HaMazon over a cup of wine, but rather gave a different participant to hold the cup (Responsa of Chacham Tzvi, 168).
As the Chida writes, he was renowned for his piety and holiness. In the book of his son, Mateh Yosef, at the end of section 20 (Orach Chaim part, which includes his novellae on Rambam, laws of Yom Tov), a list of his practices that R. Chaim Moshe took upon himself is printed, and the Chida presumes that this list, which was probably written on the same leaf as his novellae, was printed unintentionally (Shem HaGedolim, Maarechet Sefarim, Mateh Yosef entry). These practices and safeguards give us a glimpse of his exceptional holiness (Benayahu, in: The Chida, pp. 155-156, states that R. Chaim Moshe HaLevi Nazir's lists served as inspiration and example for the list of practices which the Chida would take upon himself).
Apart from being outstanding in piety and asceticism, he was also a prominent Halachic authority in his times. His works were not published independently, though his halachic responsa were printed and discussed in several contemporary works, including his son's book Mateh Yosef. Several of his rulings and responsa appear in Responsa Torah Chesed by R. Chasdai Perachia (Salonika 1723), including a responsum he wrote during his mission when he became aware of a breach in the kashrut of cheeses.
Another responsum he wrote during his mission is printed in the book of his son, Mateh Yosef (part II, Constantinople 1726, Even HaEzer section 6). His novellae on Rambam laws of Yom Tov were also published in this book (see above). Another responsum he authored, addressed to R. Moshe ibn Habib, was published in Responsa Kol Gadol, section 51.
The preface to Mateh Yosef mentions several manuscript works he left behind, including a book of novellae on Choshen Mishpat titled Yedei Moshe and a responsa work titled Mayim Chaim. Several of his responsa, in his handwriting and with his signature, are extant in manuscript (Ms. Jerusalem 2001, pp. 249-264; Ms. Kaufmann A 164, pp. 571-573; Ms. Benayahu E 49, pp. 21-24).
The Chida possessed several of his manuscripts and quotes his novellae extensively in his books, as well as his glosses written in the margins of the books Responsa Ri Migash and Responsa Avkat Rochel (see: R. Sh.E. Margolies, Maranan VeRabbanan, in his entry).
The son of R. Chaim Moshe HaLevi Nazir was R. Yosef HaLevi Nazir, author of Mateh Yosef (d. 1714), also a Torah scholar in Hebron. He later succeeded R. Avraham HaLevi author of Ginat Vradim as rabbi of Egypt. A leading halachic authority in his times, his responsa were published in the two volumes of his book Mateh Yosef (Constantinople, 1717-1726).
The son-in-law of R. Yosef HaLevi Nazir was the renowned Torah scholar R. Yeshuah Shababo Zein (d. between 1738-1749), author of Perach Shoshan, leading Egyptian Torah scholar, disciple of R. Avraham HaLevi author of Ginat Vradim, and dayan in his Beit Din. He was also the disciple of his father-in-law R. Yosef HaLevi Nazir, and published the latter's book Mateh Yosef. He immigrated to Eretz Israel ca. 1726, and settled in Safed.
R. Chaim Moshe HaLevi had another son named R. Avraham HaLevi. His foreword was printed at the beginning of his brother's book Mateh Yosef. He passed away in 1718 in a plague, and was eulogized by his brother's son-in-law, R. Yeshuah (in his book of sermons Shaarei Orah, Ms. Jerusalem 5474, Pinchas). He is presumably the author of the gloss signed "A.H.L.".

2-11, 13-19; 1-336, 338-423, 431-435 leaves (originally: 19, 436 leaves). Lacking: title page, leaf 12 of indexes, leaf 337 (replaced by blank leaf, presumably erroneously bound after printing), leaves 424-430 and final leaf (leaf 436). Leaves 424-430 replaced with corresponding leaves from Venice 1566 edition. Approx. 30 cm. Fair condition. Stains, including dampstains and dark stains. Tears, open tears, worming and wear, affecting text and glosses. Leaves trimmed, with damage to most glosses. Old binding, damaged (lacking part of spine).