Complete and comprehensive composition in the handwriting of one of the great later adjudicators, contemporary of Rabbi Yosef Karo and the Ram”a, author of the renowned Shiltei HaGibborim commentary on the Ri”f, and the Masoret HaShas indicators, Torah Ohr and Ein Mishpat Ner Mitzvah on the Babylonian Talmud, Rabbeinu Yehoshua Boaz (from the Baruch family), Italy, first half of the 16th century.
Monumental composition called Sefer HaMachlokot V’Sefer HaPeshutim which is a comprehensive explanation of halachahs in which there are differences of opinion among the early adjudicators and the “simple” laws in which there is no difference of opinion, with a discussion of the halachic methods of those who disagree. In three volumes. Italy, first half of the 16th century. Autograph, approximately 350 leaves. Stylized and deciphered Italian rabbinic script. Thick, quality paper. Organized in book format. The composition before us was written in the author of Shiltei Gibborim , Rabbi Yehoshua Boaz’s own handwriting, as is evident from the erasure of entire passages, which characterizes the erasures of a writer, and not those of a copyist, and is also evidenced by the many marginal supplements and comments on the sides of the sheets in which the writer uses first person, such as: ‘And I will write each in its place’ or ‘There is more to say’ as well as, ‘As I wrote in Hilchot HaPeshutim. ‘ The existence of blank leaves in the body of the manuscript also prove that the copy before us belonged to the author, who left space to add and expand.
The manuscript was left with the author’s family, as testified to by the ancient owners’ signatures in a number of places: ‘This came to my portion Hoshea Baruch, in a trade I made with my brother, Shaul, 25 Cheshvan 1640’ and ‘This came to my portion Yosef son of Rabbi Benayahu son of Rabbi Hoshea son of Rabbi Benayahu son of the gaon Rabbi Yehoshua Boaz of the Baruch family, author of this work.’
Rabbi Yehoshua Boaz son of Rabbi Shimon son of Avraham of the Baruch family (c. 1518 -1555), was a rabbinic leader in the generation of the first later authorities, he was from a family expelled from Spain who arrived in Italy after the expulsion. He was born in Italy and received Torah in the study halls of the great rabbis of Venice and Cremona, and he brings much of their Torah in his books. In his introduction printed at the beginning of Rav Alfas, Sabbioneta 1654, he testifies about himself that his works on Shas were prepared in thirteen years: ‘Between the ages of 23 years and the 36 years that I am today, I have toiled to do the work of heaven.’ These compositions demonstrate his vast knowledge of Torah which was a cornerstone for the renewal of the dissemination of the oral Torah after the generation of the expulsion. Rabbi Yehoshua Boaz’s works on Shas were inserted into the printing of the Talmud by the Christian printer, Marco Antonio Justinian in order to serve as a ‘purpose’ for the second edition of the Venice Shas, Bomberg edition. In Shem Gedolim , the Chid”a notes, inter alia: ‘And Rabbi Yehoshua Boaz started to be a hero to bring merit to the many, the instruction of man.’
Of all his compositions, Rabbi Yehoshua Boaz became renowned for his work Shiltei Gibborim on the Ri”f, including halachic determinations between the Ri”f and those who disagree with him. His contemporary Rabbi Yosef Karo did not see Shiltei Gibborim, which was printed in the period coinciding with the printing of the Shulchan Aruch , however the Ram”a brought many rulings from this work, and calls it ‘HaGahot Alfasi.’
In many places in Shiltei Gibborim , the author turns to Sefer HaMachlokot V’Sefer HaPeshutim which is before us. It appears that Shiltei Gibborim is in essence a concise compilation from HaMachlokot V’HaPeshutim in which the matters appear at length and in greater detail, similar to the format of Beit Yosef and Shulchan Aruch authored by Rabbi Yosef Karo. Of all the many fundamental compositions by Rabbi Yehoshua Boaz which have merited being spread among the Jewish people, it appears Sefer HaMachlokot , which is arranged in a way that is similar to Arba Turim by Rabbeinu Yaakov son of the R”osh, is the crowning glory of his extensive literary work, to which he dedicated his best years. Yet it is specifically this book which remained hidden and covered for close to five hundred years until the discovery of the manuscript before us, written in his very own handwriting.
In his introduction, the author describes the need for this work as “due to the great destruction the pillars of the exile collapsed, and since then the disagreements among the Jews have multiplied into the thousands,” and to correct this distortion, he authored Sefer HaMachlokot V’Sefer HaPeshutim to issue a clear ruling and offer one halachah to the students’ eyes. The Chid”a, who did not see Sefer HaMachlokot , likely referred to the renowned work Shiltei Gibborim which we commonly have, but as mentioned, with the revelation of the Sefer HaMachlokot V’Sefer HaPeshutim manuscript, the monumental substructure from which Rabbeinu Yehoshua Boaz sourced his concise rulings in Shiltei Gibborim has been found.
Aside from arranging the various methods in topics in which the book deliberates, the author clarifies the early sages’ methods and their sources, and deduces practical halachic decisions. In many cases, the book relates to customs and the realities prevailing in his time. In general, there is considerable similarity of style between the halachic work of Rabbeinu Yehoshua Boaz and the halachic work of his contemporary, Rabbi Yosef Karo, both being motivated to produce a new halachic work as a result of the poor state of halachah after the expulsion from Spain, and in the adoption of the Arba Turim template as a substructure for division of topics, and extensive reference to the Tur’s rulings, as well as division into a concise halachic work such as Shiltei Gibborim and a comprehensive halachic book such as Sefer HaMachlokot V’HaPeshutim .
In his many printed works, the author often refers to Sefer HaMachlokot V’HaPeshutim which is before us. Without a doubt, his intention had been that the student examining the short Shiltei Gibborim would be able to find expanded discussion of the issues in the comprehensive work. However, as stated, (aside from one manuscript on the halachahs of kriyat shma, blessings and prayer which has been preserved in the National Library in Jerusalem,) the entire work was hidden in oblivion until its recent revelation.
Historic manuscript, in the handwriting of one of the premier [חד מן קמאי] pillars of the world, the greatest of the later adjudicators upon whom the whole Jewish world relies.
Conditon: Fine. Aging stains. Some restored lacks which blemish text. The vast majority of the text is clear and legible. Magnificent new parchment bindings.