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Bidding Information
Lot #    24555
Auction End Date    9/22/2009 10:08:00 AM (mm/dd/yyyy)
Title Information
Title (English)    Tokfo Kohen
Title (Hebrew)    תקפו כהן
Author    [Banet Family Copy] R. Shabbetai ben Meir ha-Kohen
City    Lvov
Publisher    Naftali Hirtz Grossman
Publication Date    1810
Collection Information
Independent Item    This listing is an independent item not part of any collection
Description Information
   48 ff. quarto 233:175 mm., light age and damp staining, wide margins, old hands, stamp. A good copy loose in contemporary boards, rubbed and split.
Paragraph 1    The copy of R. [Moses] Mordecai b. Jacob Banet (1772-1850), rabbi of Stomfa. He was born in Alt Ofen and educated by his uncle and namesake R. Mordecai Banet of Nicholsburg. After his marriage to the daughter of R. Gershon ha-Kohen Stern of Batrokez he accepted the rabbinate of Setchin. In 1813 he returned to Alt Ofen and assumed his father's position of Dayyan for two years. Thereafter he left for Stomfa where he served until his passing. The Ktav Sofer in his eulogy describes R. Banet as completing the Talmud every 3 to 4 years; a scholar who was plagued by illness and pain nevertheless studied and excelled. And by decent;

His son, R. Elijah Banet (c.1810-1895), inscribed on fly (v.1). He was born either in Alt Ofen (c.1800) or in Yarmat (Balassagyarmat; c.1810) and was apparently educated by his father as were his nine siblings. An erudite scholar he lived in Bidgekov (Bockkov Velikii)where he passed on.

   On the laws of taking hold (grasping, seizing), damages, and the Talmudic term teiku, referring to unresolved issues, by R. Shabbetai ben Meir ha-Kohen (Shakh). Shakh is best known for his monumental Siftei Kohen commentary and halakhic novellae on Shulhan Arukh. The title page of this edition states that it was written by Shabbetai Katz, author of Siftei Kohen, and that it is was brought to press on fine paper and black ink as no copies are to be found. Shakh entitled the work Tokfu Kohen because the source of these dinim is from the tokfo Kohen (Bava Mezia 6b). The contents are not merely a discussion of instances of tokfo and teiku in the Talmud but also of the ongoing dialogue by later sages on the halakhic value of taking hold תפיסה in establishing possession. Parenthetically, teiku, of which there are three hundred fifteen instances in the Babylonian Talmud – but none in the Jerusalem Talmud - concerns questions that were addressed but no final conclusion could be reached. Teiku represents the conclusion of discussion. The origin of the word, according to popular usage, is from, Tishbi yetarez kushyot ve-ibbayot, that is, Elijah, the Tishbi, will resolve these questions and unanswered problems.

R. Shabbetai ben Meir ha-Kohen’s (Shakh, 1621–1662) father, realizing that his son was a prodigy, sent him to Tykocin to study under R. Joshua Hoeschel (Meginnei Shelomo, 1578-1648), whom Shakh followed to Cracow. Returning to Lita, Shakh married a granddaughter of R. Moses Isserles (Rema). Due to his great erudition and despite his young age, Shakh was appointed a dayyan in the Vilna bet din of R. Moses Lima (Helkat Mehokek, c. 1605–1658, see below, 1670). During the Cossack massacres of 1655, Shakh was forced to flee Vilna, eventually reaching Holesov in Moravia, his final residence, serving as rabbi there for the rest of his life.

Paragraph 2    בשנת ת'ק'פו כ'הן' אין מוציאן מידו

השיר והקדמת בן המחבר נשמטו. כן נשמטו כללי קים לי שבסוף הספר, אחר סי' קל. הסכמות: ר' יעקב ב"ר מרדכי זאב אורנשטיין, לבוב, כא אדר תק"ע, עם חתימות דייני לבוב: ר' שאול שפירא האב"ד דק"ק האראדענקא ור' זכריה איידל שטיין האב"ד דק"ק זידוטשוב; דייני זאלקווא: ר' יוסף יוזפא שטערין סג"ל ור' יוסף אלעזר גאט ליב, כג אדר-א תק"ע.

   BE shin 1979; Heller, 17th Cent.; CD-EPI 0141627
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Listing Classification
19th Century:    Checked
Holland:    Checked
Russia-Poland:    Checked
Other:    Hungary
Halacha:    Checked
Novellae:    Checked
Language:    Hebrew
Manuscript Type
Kind of Judaica