Manuscript – Shemot Gittin by Rabbi Yitzchak Bachar David, Author of Divrei Emet – Discovery: Unpublished ...

Manuscript – Shemot Gittin by Rabbi Yitzchak Bachar David, Author of Divrei Emet – Discovery: Unpublished Composition, Hitherto Considered Lost
Manuscript, complete composition on the spelling of names in gittin (divorce documents), by R. Yitzchak Bachar (=son of R.) David of Constantinople, author of Divrei Emet. [Turkey, 18th century]. Discovery: This composition, which is quoted in the books of leading Halachic authorities, was never published, and was thought up until now as lost.
Complete manuscript, in Sephardic cursive script typical of the place and period, with intervals between the paragraphs for inserting additions.
The front endpaper states: "This booklet was arranged and composed by R. Y.B.D. (Yitzchak Bachar David)".
The manuscript was in the possession of the grandson of the author, R. Yaakov son of R. David, who wrote beneath the above inscription: "And I, his grandson, Yaakov Bachar David, added Ashkenazi names". Indeed, throughout the composition, additions handwritten by R. Yaakov are found, many of them consisting of Ashkenazi names (such as Hinda, Hirsh, Wolf, Zalman, Mindel, Feiga, Freida, and others).
In several places, glosses and additions in neat, tiny script, one of them signed: "A.B.Y.". One can surmise that this writer is the son of the author, R. Avraham Bachar Yitzchak. A few glosses from other writers.
This composition, which is quoted extensively in halachic literature and was heretofore deemed lost, is a fundamental work on the rigorous laws of writing a get. The composition documents the rulings of the Divrei Emet, a foremost halachic authority of that generation, for practical usage, as applied in his Beit Din in Constantinople. The Chida mentions this composition in Shem HaGedolim (Maarechet Sefarim, Divrei Emet): "And he has another, lovely composition on the names in divorce documents". This composition, which contains rulings and practical instructions regarding the spelling of names in divorce documents, was available to many of the leading later poskim, while still in manuscript form, and they relied upon it for complex questions concerning these laws. Up until now, this composition was only known from the many citations found in halachic literature, and no copying of it was extant. The composition had gone missing and was considered lost, and only now did it resurface, with the addition of glosses from the author's son and grandson.
The leading Acharonim who quote this work include R. Chaim Moda'i in his book Tiv Gittin (who mentions it under the name: "Nimukim of R. Yitzchak Bachar David"), R. Eliezer de Toledo in his book Mishnat Rabbi Eliezer (who refers to it: "The booklet of Shemot Gittin in manuscript of R. Y.B.D., rabbi of our city"), R. Refael Chaim Menachem Frandji in his book Yismach Lev ("The booklet Shemot Gittin in manuscript, by the famous rabbi, author of Divrei Emet"), R. Aharon Avraham Arroyo in his book Mayim HaChaim ("The words of the Divrei Emet, in the booklet on Gittin in manuscript form, which is available to us"), R. Shmuel son of Chaim Moshe in his book Shemen HaMishcha ("the great R. Y.B.D. author of Divrei Emet, in the manuscript Seder HaGet"), and others. The contents of these citations appear in this manuscript of Shemot Gittin (see enclosed material).
Apart from its halachic significance, the composition contains valuable material regarding the sources of men and women's names, the modifications the names underwent, and other interesting information (such as the secular names used in Constantinople and the vicinity in those days, their meaning in Hebrew, their hypocorism, and more; see Hebrew adjoining article). In several places, the author brings proof from divorce documents drawn up in earlier periods, in Constantinople and other places.
The last three leaves of the manuscript contain (in a different handwriting) Seder HaGet – instructions and directions on writing and handing over a get – in Ladino.
R. Yitzchak Bachar David (ca. 1695-ca. 1752), author of Divrei Emet, a native of Constantinople and one of its foremost Torah scholars. The Chida refers to him in his books as "The leader of the generation" and other such remarkable titles. He served as dayan in Constantinople, alongside the Machaneh Efraim and other foremost Torah scholars, and later, as rabbi. His renown spread throughout the Jewish world already in his lifetime, and the Noda BiYehuda sent him his famous responsum with R. Gershon of Kitov, addressing him with extraordinary titles of honor – see below. After his passing, his book Divrei Emet was published (Constantinople 1760), and it includes halachic responsa, "Kuntressim" with novellae on Talmudic topics, and some of his sermons. Though the book contains only a small part of his teachings, it gained fame already in his generation as a basic book in Halacha and pilpul, and its author's greatness was recognized through it, as the Chida writes (Shem HaGedolim, ibid): "…R. Y. Bachar David… he was the leader of Constantinople rabbis, and his book demonstrates the splendor of his glorious preeminence, and his wide-ranging erudition". The "Kuntressim" section of his book in particular is renowned for its profundity and incisive questions, and was considered at that time one of the prominent books of in-depth study.
R. Yitzchak Bachar David exchanged halachic correspondence with R. Yechezkel Landau, the Noda BiYehuda, who referred to him with great reverence. This correspondence resulted from the famous responsum of the Noda BiYehuda, which stirred up the Torah world at the time, in which he ruled that a certain woman in Brody who had committed adultery was forbidden to her husband. Following this ruling, the Noda BiYehuda and R. Gershon of Kitov (brother-in-law of the Baal Shem Tov), who were being harassed by powerful members of the community – relatives of this woman whom he had forbidden, were compelled to leave Brody, and R. Gershon of Kitov immigrated to Eretz Israel (for further details, see Kedem Auction 63, item 13, and adjoining article). On his way, he passed through Constantinople, where he met R. Yitzchak Bachar David and showed him the responsum of the Noda BiYehuda. The Divrei Emet countered with a lengthy responsum addressed to the Noda BiYehuda, in which he disagrees with his ruling, and the latter responded with a letter refuting the objections of the Divrei Emet. The responsum of the Noda BiYehuda to the Divrei Emet was published in his responsa book (Noda BiYehuda, Even HaEzer, Mahadura Kama, section 73). At the top of the responsum, the Noda BiYehuda wrote: "Says Yechezkel: My responsum reached the hands of the renowned Torah scholar, R. Yitzchak Bachar David in Constantinople, and he replied with a lengthy responsum…". At the beginning of the responsum, the Noda BiYehuda expresses his great esteem for the Divrei Emet with dozens of praises and titles of honor. Further in the responsum, the Noda BiYehuda mentions R. Gershon of Kitov as the one who made the connection between them, and apologizes for having the audacity to counter the objections of the Divrei Emet. Reputedly, the Divrei Emet did not agree to the refutations of the Noda BiYehuda to his objections, and instructed the Brody community to convene a Beit Din and, with his sanction, permit this woman to her husband, which is indeed what they did (as recorded by R. Refael Natan Nata Rabinowitz, in his glosses to Shem HaGedolim, which were published in Yeshurun, 23, p. 271).
This veneration for the Divrei Emet was sustained by the disciples of the Noda BiYehuda. R. Elazar Fleckeles refers to him as "The holy, G-dly man, the great Torah scholar R. Yitzchak Bachar David…" (Responsa Teshuva MeAhava, Part I, section 168), and in a different place, he writes about his teachings: "Penetrating, erudite and true teachings, fortunate is the eye who saw these" (ibid, part III, in the notes following responsum 408). His colleague R. Betzalel Ronsburg wrote about the Divrei Emet: "…and one must obey him, since he is the master, and all his words are like glowing embers" (Pitchei Niddah, p. 61b).
In the following generation, esteem for the book Divrei Emet is found in the responsa of R. Yosef Shaul Nathansohn, author of Shoel UMeshiv. In one instance, he writes: "And behold, today I had the merit of holding a wonderful book, which I have been longing to see for many years, and that is the book Divrei Emet by the great Torah scholar, Bachar David…" (Responsa Shoel UMeshiv, Mahadura Telitaa, section 157). The Shoel UMeshiv then quotes him in several responsa, and concludes one of them with (Mahadura Reviaa, end of section 45): "…and in Birkat HaZevach… he brought this difficulty… and in Tumim… he deliberates on it… and look in Ketzot HaChoshen… who discussed this at length, him and his brother, and had they seen the words of the Divrei Emet on this topic, which address every point in this topic, they would have reveled in the fragrance of his Torah". The reprinting of his book in Halberstadt, Germany, in 1861, demonstrates the high demand for this book in Western Europe.
Another composition authored by R. Yitzchak Bachar David is known of, apart from his book Divrei Emet. Several copyings of it survived in the possession of Constantinople Torah scholars. This work is named Zichronot, and was published in part, in 1977, from a copying belonging to R. Shlomo Eliezer Alfandari, under the name Maarachot Divrei Emet, with the glosses of R. Alfandari. The large part of it remains in manuscript form.
Another composition he authored is this work on Shemot Gittin, which as mentioned was quoted extensively in halachic literature, was heretofore believed to be lost, and has only now reappeared.
R. Avraham Bachar Yitzchak, one of the three sons of the Divrei Emet, who were all Torah scholars and rabbis in Constantinople. The other two sons were R. Yaakov and R. David.
R. [Nissim] Yaakov Bachar David, grandson of the Divrei Emet, was a renowned Constantinople Torah scholar, who served as Chacham Bashi from 1841. At the beginning of his approbation to Shemen HaTov by R. Yaakov son of Yosef HaRofeh (Constantinople 1849), he is referred to with the titles: "The exceptional rabbi, filled with honor of G-d, our master and king, who is crowned with royalty, R. Yaakov Bachar David". He is likewise referred to prominently at the head of his approbation to Yismach Moshe by R. Shabtai Galipoliti (Izmir, 1868), and by R. Chaim Palachi in his book Chukot HaChaim (Choshen Mishpat, section 91; see enclosed material).
[49] leaves. 17 cm. Fair condition. Several leaves in poor condition. Stains and dampstains. Worming and mold to all leaves. Severe damage to first leaves, in lower left corner, affecting text. Lighter damage to other leaves, with loss of words. Original leather binding, damaged.