Lot : 94

Original Handwritten Letter by the Rav Hamashbir to the holy Ohr Hachaim.

Start price: $15,000

Est. Price: $20,000 - $30,000

Original Handwritten Letter by the Rav Hamashbir to the holy Ohr Hachaim. Meknes, 1730

This letter was addressed to Rabbi Aharon Hatzarfati, Rabbi Shlomo Hakohein and to the holy Ohr Hachaim, Rabbi Chaim Ben Attar. It discusses an arbitration case in a dispute referred by the beis din in Meknes to the Ohr Hachaim’s beis din in the city of Sale.

Handwritten and autographed letter of Rabbi Moshe Birdogo, also renowned as ‘Harav Hamashbir’.

Harav Moshe Birdogo (circa 1675-1732) authored the Rosh Mashbir and was the father of the Birdogo dynasty. He served as Rav in Meknes and Pari. He was one of the great Moroccan Chachamim and a dear friend of the Ohr Hachaim who held him in the highest esteem. He described Rabbi Birdogo in his commentary as
“A great scholar, pious and a leader among Yisrael, who is as beloved to me as my own soul” (Devarim 1:16, Ohr Hachaim). Similarly, in his work Chafetz Hashem (Shabbos 7: b) he writes,
"A holy spirit appeared, and we arrived at the same conclusion as him…I and my great brother, a giant among scholars, Rabbi Moshe Birdogo to whose soul my soul is bound.” Among his works are
Rosh Mashbir and
Shu"t Divrei Moshe.

Beneath Rabbi Birdogo’s signature is the signature of Rabbi Moshe ben Adhan (d. 1737) who served alongside him in the rabbinate of Meknes. It is said of Rabbi Moshe ben Adhan that “He is pious and merited ruach hakodesh.” (Malchei Rabanan 88b).

This letter discusses an arbitration case regarding a merchant from the city of Sale, which was the Ohr Hachaim’s native town. During the arbitration process, one of the arbiters resigned and the others settled the dispute in his absence. The Ohr Hachaim ruled that if one arbiter resigns the arbitration does not have validity. This responsum was published in
Igros Uteshuvos Rabbeinu Chaim ben Attar (pages 43-58). The Beis Din’s accounting of this matter was published in
Shu"t Mishpat Utzedakah B’Yaakov by Harav Yaakov ibn Tzur [also mentioned in this letter].

Meknes, 1730. 3 handwritten sides. Page size: 14×19 cm. The date of the responsum was determined according to the above quoted responsum. Moth holes, professionally restored.

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