Discovery! First published Jewish declaration. Only extant copy.
Printed announcement with signed ruling of Harav Yosef Karo – author of
Shulchan Aruch, and other Rabbis of Tzfas. Italy, 1559-1560
Ruling of Harav Yosef Karo and the Rabbis of Tzfas regarding the halachic validity of the ban of excommunication levied by the Beis Din of Mantua.
The ban of excommunication by Harav Moshe Provintzalo, Av Beis Din in Mantua, was levied against an emissary of Harav Yosef Karo who was sent to Italy to publish his work Beis Yosef.
The content of the ruling was published in Shu"t Avkas Rochel Topic 193 with the signatures of Harav Yosef Karo, the Mabit, and Harav Yisrael di Kuriel. This announcement bears additional signatures from other famed Tzfas Rabbis, including those of Harav Moshe Cordovero – the Alshich, the Mahari Beirav II, and Maharam Galante.
This rare proclamation includes the ruling signed by the Rabbis of Tzfas,
Affirmation of the Ferrara Beis Din,
testimony of the clerk of Mantua Beis Din,
and closing remarks of the Rabbi’s emissary Harav Moshe ben Shushan.
The proclamation also contains the handwritten notes of objections by Harav Moshe Provintzalo strongly opposing the sequence of events as well as halachic conclusions rendered.
Harav Moshe Provintzialo (1504-1576), Av Beis Din of Mantua, was among the well-known Rabbis of 16th century Italy who consented to the first printing of the Zohar in Mantua in the year 1558. His responsa were published in recent times under the title Shu"t Harav Moshe Provintzalo.
Italy, [1560]. Single leaf. Page size: 28.5×39 cm. Two small holes in folds. Minor stains.
Apparently unknown. We have not found a bibliographic reference to this document, and none of the researchers who investigated this incident mention this document.
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During the mid-16th century, Rabbi Moshe ben Shushan was sent to Italy as an emissary of Rabbi Yosef Karo in order to arrange the printing of the Beis Yosef. In the course of printing the Tur-Choshen Mishpat, a conflict arose in the Sabbioneta printing press which belonged to the Foa family. A third party claimed that all works printed by the Foa family were to be taken as collateral, and the printers thus asked Rabbi Shushan to testify on their behalf since he also owned a share in the works produced by the Foa printing press. Rabbi Shushan refused to testify on grounds that he had personal interest in the matter and could not be entirely objective.
At that point Harav Moshe Provintzialo, a Rabbi and spiritual leader in Mantua, was asked to get involved. He reacted by issuing a "cherem" on everyone who refrains from testifying, including Rabbi Shushan. When the latter received news of his imminent excommunication, he responded by issuing a ban on excommunication, sparking the question as to whether the initial excommunication was issued according to halachah, and whether Rabbi Shushan or Rabbi Provintzialo was correct.
This question reached Rabbi Yosef Karo who ruled that the cherem was not issued according to halachah and the Rabbis requested that both parties annul their respective issuances, appease one another and reconcile.
According to Harav Shushan, the shamash of the Beis Din of Mantua refused to acknowledge the ruling to the Rabbis of Tzfas and thus printed this proclamation.
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The Rabbis of Tzfas
Harav Yosef Karo (1488-1575), teacher of the Jewish Nation, authored Beis Yosef and Shulchan Aruch. As the Chida wrote in Shem Hagedolim, "The heavens agree that his teachings and holy works should spread throughout the Diaspora."
The Ramak – Harav Moshe Cordovero (1522-1570) was one of the greatest kabbalists of all times. Among his works are Pardes Harimonim and Tomer Devorah. The Chida wrote that Eliyahu Hanavi revealed himself to Harav Cordovero and the Arizal recognized him as well.
The Mabit – Harav Moshe ben Yosef di Trani (1500-1580) was one of the premier Rabbis of Tzfas and among the greatest arbitrators of Jewish law during the period of the Achronim. He authored Shu"t Hamabit.
Harav Moshe Alshich (1522-1593) was a disciple of the Beis Yosef and taught Harav Chaim Vital the revealed portions of Torah. He was one of the great commentators during the era of the Achronim.
Harav Moshe Galante ( d. 1614), revered scholar of Tzfas, authored Shu"t Maharam Galante. He was a disciple of the Beis Yosef in the Revealed Torah and a disciple of the Ramak in the Wisdom of truth.
Harav Yaakov Beirav II (d. 1600) was the grandson of Harav Yaakov Beirav who reinstated rabbinical ordination. He was one of the great scholars of Tzfas and a disciple of the Beis Yosef.
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(ליתר פירוט והרחבה ראה ‘שו"ת מתנות באדם’ במבוא עמ’ 31-29 ובספר ‘יוסף בחירי’ עמ’ מ"ו הערה 200).
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