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[Öttingen Beth Din judicial decision].
[איטינגן בית-דין פסק דין].
Library at the Katz Center - Archives Room Manuscript Karp BIV.7
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- Format:
- Book
- Manuscript
- Author/Creator:
- Mahler, Abraham David, of Prague, -1752.
- Language:
- Hebrew
- Subjects (All):
- Jews.
- History.
- Germany--Oettingen (Grafschaft).
- Germany--Oettingen-Wallerstein (Grafschaft).
- Jewish law--Cases.
- Jewish law.
- Court records--Germany--Oettingen-Wallerstein (Grafschaft).
- Court records.
- Civil procedure (Jewish law).
- Dinei mamonot.
- False testimony (Jewish law).
- Jews--Germany--Oettingen-Wallerstein (Grafschaft)--History--Sources.
- Jews--Germany--Oettingen (Grafschaft)--History--Sources.
- Genre:
- Sources.
- Legal documents.
- Decisions (judicial records)
- Civil court records.
- Manuscripts, European.
- Penn Provenance:
- Formerly in the collection of Rabbi Dr. Abraham J. Karp.
- Physical Description:
- 1 leaf : paper ; 155 x 100 (65 x 91) mm
- Production:
- Öttingen, 29 Menaḥem [Av], 5418 (August 1718)
- Language Note:
- Hebrew.
- Biography/History:
- "Hochfürstlicher und Hochgräflicher Landesrabbiner [Öttingen]" (cf. Singer, Ochser, "Öttingen" in Jewish Encyclopedia 1906), born in Prague, late 17th century, documented as rabbi in Oettingen 1719-1752 (this manuscript places his appointment at least a year prior); died 15 Tishre 5513 (Monday, 23 September 1752), buried in the Jewish cemetery in Wallerstein, Bavaria, Germany.
- Summary:
- This is a manuscript court document from the Beth Din of Öttingen (today Oettingen in Bayern, Germany) recording a case which came in front of the newly appointed rabbinical head of community. The case involved Yosef son of Natan, plaintiff, claiming that Yosef son of the important (הקצין) Isaak Öttingen, defendant, agreed to form a partnership with a handshake; the plaintiff took this to mean that the defendant wanted to divide his assets equally. The defendant interjected that he never shook the plaintiff's hand, only casually conversed with him about partnership (דיבור בעלמא). Mahler ruled in favor of the defendant that casual conversation is not binding, and further advised the defendant that had he shaken hands, it would equal an oath of partnership (and therefore he would have ruled in favor of the plaintiff).
- Notes:
- Ms. leaf.
- Title supplied by cataloger.
- Layout: Written in six long lines.
- Script: Written in an Ashkenazic cursive script.
- Origin: Written in Oettingen in Bayern, a town in central Bavaria, Germany, by Abraham David Mahler. At the time of this manuscript's writing, the town (and the Jewish Quarter) was split down the middle between the Protestant house of Oettingen-Oettingen and the Catholic house of Oettingen-Wallerstein (with synagogues on either side), and Mahler was the Landesrabbiner for the entire district; therefore, the Julian and Gregorian dates are not clear.
- Manuscript housed with a transcription by Karp.
- Inscription on verso in ink: "בית דין, ער"ח" (Beth din, ʻerev Rosh Hodesh), written in a different hand; fading pencil signatures on recto; these are likely notary and archival in purpose.
- Decoration: Flourishes under "מפראג" and "והמדינה" (final line).
- Cited as:
- UPenn Karp BIV.7.
- OCLC:
- 1259690337
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