Chut HaShani, responsa by R. Avraham Shmuel Bacharach, his son R. Moshe Shimon, and his grandson R. Yair Chaim Bacharach Rabbi of Worms (author of Chavot Yair). [Frankfurt am Main, 1679]. First edition.
This is the first book published by the Chavot Yair, containing the teachings of three generations: responsa and novellae by his grandfather R. Avraham Shmuel Bacharach, by his father R. Moshe Shimshon Bacharach, and several responsa by R. Yair Chaim Bacharach himself. In his preface, R. Yair Chaim Bacharach writes of nine books he intends to publish, including: Mekor Chaim on Shulchan Aruch (ultimately only printed in 1982 by Machon Yerushalayim), Responsa Chavot Yair (published by the author twenty years later, in 1699), and other works (which are still unpublished).
The present copy was owned by the publisher and author, the Chavot Yair; signed on the title page: "Yair Chaim Bacharach". A brief gloss in his handwriting on leaf 107.
Ownership inscription (deleted with ink) of R. Shaul Berlin, author of Besamim Rosh: "Shaul son of R. Tzvi Hirsh Rabbi of London". On the title page, stamp of "Jews' College London" (R. Shaul Berlin passed away in London; the book may have been given to the Jews' College together with the library of his brother R. Shlomo Hirschell, rabbi of London).
R. Yair Chaim Bacharach (1638-1701), rabbi of Worms, prominent Torah scholar of his generation and leading halachic authority of all times. A disciple of his father R. Shimshon Bacharach and R. Mendel Bass Rabbi of Frankfurt. In 1666, he was appointed rabbi of Koblenz, and in 1669, he returned to Worms where he succeeded R. Aharon Teomim as rabbi and dayan in the city. After the destruction of Worms in 1689, he fled together with the community, and upon their return, he was appointed rabbi of the city, a position he held until his passing. He was known as a tremendous Torah scholar, well-versed in all Torah fields, with a phenomenal memory and outstanding erudition which are reflected in his works. He was also well versed in sciences. He composed dozens of works, most of which remained in manuscript; some were published in recent times. He is however known for all generations for his responsa work Chavot Yair. Although Chavot Yair only contains a small part of over six hundred responsa which he prepared for print, the book was received as a fundamental responsa work and important source for halachic ruling, and is mentioned repeatedly in halachic literature until this day. His other works include: Mekor Chaim, commentary on Shulchan Aruch Orach Chaim, which he prepared for print but before it was actually published, Meginei Eretz appeared, containing the Turei Zahav and Magen Avraham commentaries, which are arranged in a similar way to his work. He was therefore compelled to rewrite his work (it was eventually published based on his manuscript in 1982-1984); Mar Keshisha – Talmudic methodology, published in 1983; a huge encyclopedic work of forty-six volumes which was lost, of which only the index part titled Yair Netiv is extant.
R. Shaul Berlin (1740-1794), son of R. Tzvi Hirsch Levin, rabbi of London and Berlin, and grandson of Chacham Tzvi. A tremendous Torah scholar. He was rabbinically ordained at a young age, and at the age of 28, he was appointed rabbi of Frankfurt an der Oder. He later resigned from the rabbinate and moved to Berlin, where his father served as rabbi. He published booklets challenging the Chida's Birkei Yosef, and against the books of R. Refael HaKohen of Hamburg. These booklets aroused great polemics, and caused bans to be issued against him. In 1793, R. Shaul published the responsa work Besamim Rosh, which he claimed was an anthology of responsa by the Rosh and other Rishonim, compiled by a Torah scholar named R. Yitzchak de Molina, who lived in the times of the Beit Yosef and added his glosses to the work. R. Shaul also added his own commentary to the book – Kasa DeHarsena. The book received the approbation of his father R. Tzvi Hirsh, who praised him profusely. The book also contains a letter by the Noda BiYehuda, who extols the virtues of the author and describes him as a Torah leader whose novellae don't need an approbation. A great controversy aroused surrounding the book, as some claimed that it was forged, and that the responsa were not authored by the Rosh or other Rishonim, rather by R. Shaul himself. The responsa and R. Shaul's commentaries contain strange passages and unaccepted halachic leniencies, such as the permission to drink non-kosher wine – yayin nesech, travel on Shabbat, shave on Chol HaMoed; as well as problematic arguments to alter Torah commandments due to various considerations. The book drew public opposition from several Torah leaders of the generation, especially R. Mordechai Banet and the Chatam Sofer, who even dubbed the book Kizvei HaRosh (Lies of the Rosh). R. Shaul's father, R. Tzvi Hirsch Levin Rabbi of Berlin, refused to accept the contentions of those who questioned the book, and even published a special book in which he valiantly defends his son (Ish Anav, Berlin 1793). The authenticity of the book remained disputed throughout the generations. While certain rabbis entirely rejected it, many halachic authorities quote passages from the book and discuss its teachings, even writing on it glosses and commentaries. Until this day, the attitude towards the book remains mixed; some refrain entirely from using it, while others refer to it warily, without seeing it as an authoritative source from the time of the Rishonim.
[1], 92, 95-115 leaves. 18 cm. Good-fair condition. Stains and wear. Leaves trimmed, with damage to headings in several places. Open tear to final leaf (of errata), affecting text (repaired with paper). Minor worming. Stamps. New leather binding.
The author cut out the original leaves 23-24, and pasted in their place two reprinted leaves, with his own responsa (these leaves originally comprised responsa 19-20, while the new leaves comprise: part of the conclusion of responsa 18, an unnumbered responsa, and the beginning of responsa 21 – see Bibliography of the Hebrew Book. Only a few books are extant with the original leaves. The Bar-Ilan University library contains an uncorrected copy, with the omitted sections. See: Y.Sh. Spiegel, HaMaayan, 47, issue 3, Nissan 2007, pp. 69-76 (where a photocopy of the original leaves was included).