Auction 72 Rare and Important Items
Jul 7, 2020 (your local time)
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LOT 155:

Contract Signed by the Maharitz Tzalach and Rabbi Pinchas Shlomo Iraqi – Yemen, 1771

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Contract Signed by the Maharitz Tzalach and Rabbi Pinchas Shlomo Iraqi – Yemen, 1771
Monetary contract, signed by the 18th century dayanim of the Sanaa Beit Din, R. Pinchas Shlomo [HaKohen Iraqi] and R. Yichye son of Yosef Tzalach, the Maharitz. [Sanaa, Yemen, 1771].
Long Judeo-Arabic monetary contract concerning the daughters of Suleiman Elgamal (Gamliel), undersigned by the renowned Sanaa dayanim. The calligraphic rabbinic signature of the Maharitz appears second.
The first signatory, R. Pinchas son of Shlomo HaKohen Iraqi (1695-ca. 1771), was the author of Matte Oz and served as a dayan in the central Beit Din of Sanaa beginning in 1747 (succeeding R. Yosef Bashari). In 1757, after the passing of the head of the Beit Din, R. Saadia Qati'i, R. Pinchas was appointed in his place and served in that position until his death (at which time he was succeeded by the Maharitz). Interestingly, although the year of R. Pinchas Iraqi's passing is recorded in all sources as 1770, the present contract bearing his dated signature from 1771 proves otherwise. According to the tradition of Sanaa Jews, prayers at the gravesite of Mori Pinchas HaKohen "are answered immediately" (Halacha UMesorah, XXIII, Elul 1949, p. 164). R. Pinchas signed this contract in plain handwriting (as opposed to the calligraphic signature common among many Yemenite sages), which correlates with the testimony of Yemenite elders that the writing of Dayan Mori Pinchas HaKohen "was not so neat" (Halacha UMesorah, ibid).
The second signee, R. Yichye son of R. Yosef Tzalach – the Maharitz (1715-1805), was the foremost Yemenite rabbi of the 18th century and a leading halachic authority. He was a disciple of his grandfather Mori Tzalach, and of R. Aharon HaKohen Iraqi, R. Yichye Iraqi, and R. David Mishreqi, author of "Shetilei Zeitim". In 1757, the Maharitz was appointed as a member of the Sanaa Beit Din (after the death of R. Saadia Qati'i). Eventually, the Maharitz was promoted to the position of Chief Rabbi of all Yemenite communities, a position he held for decades. His authority was unequivocally accepted throughout Yemen, and his customs and rulings are adhered to by many Yemenite Jews to this day. He compiled the Tiklal siddur with the Etz Chaim commentary, as well as many halachic works: Zevach Toda and Shaarei Kedusha on the laws of shechita, Shaarei Tahara on the laws of Niddah, Responsa Peulat Tzaddik, and other books of halacha, ethics and kabbalah.
[1] leaf. 17 cm. 28 handwritten lines. High-quality paper. Good-fair condition. Stains. Folding marks. Tears and wear to folds and margins.

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