Handwritten ketubah recording the marriage of the groom R. Refael Berdugo, to the bride, daughter of R. Yehuda Berdugo. Signed by the witnesses – dayanim of the Beit Din: R. Shmuel Benouaich and R. Moshe Benchlouch. Meknes (Morocco), Kislev 1811.
The groom, R. Refael Berdugo, already served at that time as chief rabbi of the city, and this is a late remarriage (third or fourth marriage; R. Refael reputedly endured much sorrow in his life, including the death of three wives).
In accordance with the custom of Moroccan Jewry, the ketubah includes "Yachas HaKetubah" (see Hebrew sidebar), listing the lineage of the groom and bride, up to their shared ancestor R. Yosef Berdugo: "…R. Refael son of… R. Mordechai son of… R. Yosef Berdugo… the bride daughter of… R. Yehuda son of… R. Shlomo son of… R. Yehuda son of… R. Yosef Berdugo".
Additional Tena'im (in smaller characters, torn and lacking) at the foot of the ketubah, after the witnesses' signatures.
The groom – R. Refael Berdugo (1746-1822) was a leading Moroccan Torah scholar of all times. His exceptional holiness earned him the name "HaMalach Refael" (see Malchei Rabbanan, pp. 106b-107a). He was the son and disciple of HaRav HaMarbitz, R. Mordechai son of R. Yosef Berdugo (1715-1762), who served as rabbi of Meknes, yeshiva dean and Torah disseminator. His mother was the daughter of HaRav HaMashbir – R. Moshe son of R. Avraham Berdugo (1679-1731), the yeshiva dean and head of the Beit Din in Meknes (prime teacher of his son-in-law and relative HaRav HaMarbitz, father of HaMalach Refael). R. Refael also studied Torah from his eldest brother R. Yekutiel Berdugo, who was a leading Torah scholar in the city.
R. Refael was renowned for his tremendous brilliance and authority. His Torah novellae stand out for their originality and innovativeness. Many Torah scholars in his generation did not always agree to his innovative ways, yet his opinion was nevertheless conclusive, and his authority recognized as supreme – all Moroccan rabbis turned to him for halachic rulings. His nephew, R. Yaakov son of R. Yekutiel Berdugo, writes about him in a responsum: "…and in particular my uncle, who is a great tree to lean on… even in his lifetime all the Torah scholars of the generation obeyed him as Moshe in the name of G-d" (Responsa Shufreih DeYaakov, section 26). Many books of his teachings were published: Responsa Mishpatim Yesharim, Torot Emet on Shulchan Aruch, and homiletic works on the Torah and Aggadot (some of which were printed in very limited editions).
The bride was the daughter of R. Yehuda Berdugo, grandson of R. Yehuda Berdugo (1690-1744), author of Mayim Amukim, great-uncle of the groom and close disciple of their relative HaRav HaMashbir.
The first signatory: R. Shmuel Benouaich (1738-1818), a holy man, leading rabbi and dayan in Meknes, and a dean in the city. Wondrous accounts about him are related in Malchei Rabbanan (pp. 121a-b), including the story of how he chased a lion out of the city, with the power of his holiness.
The second signatory: R. Moshe Benchlouch, dayan and scribe in Meknes (see Malchei Rabbanan, p. 90b). His signature appears on responsa and Beit Din rulings from ca. 1790s-1810s, published in Responsa Avnei Shayish by R. Shaul Yeshuah Abotbol.
[1] leaf. Approx. 21X15.5 cm. Fair condition. Stains and wear. Tears and open tears, affecting text. The ketubah was restored and mounted on paper. Inscriptions.