Lot 88:

Kuntres Handwritten by a Disciple of the Chida and His Gaon Son Rabbi Raphael Yeshaya Azulai. Trieste, Italy. 1804

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Handwritten Kuntres, halachic responsum which led to a heated controversy between leading rabbis, pertaining to Hafka’at Kiddushin and "Hefker Beis Din Hefker", handwritten and signed by the Gaon Rabbi Avraham Eliezer Halevi Av Beis Din of Trieste, a disciple of the Chida – with a line handwritten by the Gaon Rabbi Raphael Yeshaya Azulai, the Chida’s son – Trieste, 1804 – Italian script

The background of this Kuntres. In 1786, laws were enacted in Italy pertaining to the marriage and divorce of young adults who were not yet 24 years old. These laws created many halachic problems since some couples were considered halachically yet not lawfully married and vice versa. Therefore, as a last resort only, the Gaon Rabbi Eliezer Halevi came up, in this Kuntres, with a complex halachic solution based on "הפקר ב"ד הפקר" according to which, in some cases, he could use Hafka’at Kiddushin.

At the end of the responsum, a single line handwritten by Rabbi Raphael Yeshaya Azulai Av Beis Din of Ancona, the Chida’s son, approving the written Psak.

A copy of this Kuntres was sent by the writer to some famed Gedolei Yisroel, asking for their opinion. Some supported him, including the Chida and the Zera Emes, while others, including the Chasam Sofer, objected to his Psak.

The responsum was printed in the book Chedvat Yaakov (Brooklyn, 2007) p. 212 and onward.

The famed Gaon Rabbi Avraham Eliezer Halevi (1758-1826) an important Italian rabbi. Was a leading disciple of the Chida. In 1801 was appointed Av Beis Din of Trieste, Corresponded with leading contemporary rabbis, including the Chasam Sofer and the Maharam Benet. The Chasam Sofer wrote of him: "החכם הכולל טוביננא דחכימא, צדיק ונשגב מעוז ומגדל, נר ישראל, עמוד הימני, פטיש החזק כקש"ת… הוצק חן בשפתותיו… "

The Tzaddik Gaon Rabbi Raphael Yeshaya Azulai (1743?-1826) the eldest son and disciple of the Chida. In 1795 was appointed Av Beis Din of Ancona until his passing. Author of Shut Imrei Noam, a small part of which was printed in his son’s book Zichron Moshe. In 1795, his great father wrote of him: " שהוא מעיין גדול ולמד כמה וכמה עם גאוני אשכנז".

[4] leaves (8 written pages). 25 cm. Most of the leaves re in good condition. Tears to the last leaf. The leaf is partly restored. Stains. New binding.

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