LOT 134:
Polemic: a Rare Collection of Documents and Booklets regarding the Last Will and Testament of Nissim Shamama, the ...
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Polemic: a Rare Collection of Documents and Booklets regarding the Last Will and Testament of Nissim Shamama, the Finance Minister of Tunis – Jerusalem, Livorno, Izmir – the 19th Century
Historical background:
Nissim Shamama was the finance minister of Tunis, Africa. During one of his journeys, while he was in Paris, he wrote a last will and testament and signed it, bequeathing half of his estate to an unknown foreigner and to his youngest son.
When he died in Livorno, a judge came to his house, looked through his possessions and found the above will. When it was published, his heirs were surprised to find out they were not included and his will and for various reasons claimed it was invalid.
The scholars of Jerusalem published a halachic ruling titled "Yismach Moshe" (1878) announcing the will was valid. When the decision was appealed, Rabbi Ya;akov Shaul Elyashar and Rabbu Shlomo Moshe Chai Gagin travelled to Livorno and succeeded in cancelling the appeal.
In the next stage, the question was discussed by rabbis from abroad, who published several compositions on the subject. Some ruled that the will was valid while others claimed it was not. Rabbi Avraham Palachi was among the rabbis who claimed the will was valid.
The question of the validity of the will caused halachic discussions and controversy among the most prominent rabbis in the Land of Israel and abroad.
Before us are several original documents related to this controversy, signed by the most prominent rabbis.
Manuscript by the Beit Din of Jerusalem, Kislev 1873, the last will and testamewnt of Nissim Shamama. At the end of the document, the signatures of the Dayanim Rabbi Ya'akov Shaul Elyashar, Rabbi Yechiel ben Rabbi Adon and Rabbi Shalom Moshe Chai Gagin. Two leaves written on both their sides.
Condition: Good. Signs of dampness, folding marks. The will is with erasures and additions.
Manuscript, confirmation of the last will and testament of the Caid Nissim Shamama by Rabbi Avraham Palachi (in his handwriting?), with his signature and stamp. Izmir, the 28th of Tishrei 1873.
Rabbi Avraham Palachi (1810-1899) was the son of Rabbi Chaim Palachi. He was the rabbi of Izmir and author of the book "Shmo Avraham".
A very large thick leaf. 28x82 cm.
Condition: Good. Folding marks.
[a printed pamphlet] Yeda Mah Bachashucha. Commentary and critique of the book Megilah Amikta. Rabbi Yisrael Kushta (one of the rabbis of Livorno) – a booklet supporting the validity of the last will and testament of Nissin Shamama. Livorno, 1878. Extremely rare! The copy before us includes a printed cover.
20 pp.
Condition: Good. Wear.
A photocopy of a printed ruling of the rabbis of Jerusalem from the booklet "Yismach Moshe". Jerusalem, 1873. Three pages. Among the signatories: Rabbi Ya'akov Shaul Elyashar.

