Binyamin Ze'ev, Benjamin ben Mattathias of Arta, Venice: Daniel Bomberg, 1538-39

570 leaves (8 1/8 x 5½ in.; 206 x 140 mm). collation: 1-46^{8, 472, 48-728=570 leaves; paginated as called for in Mehlman. Margins of title renewed touching a few letters on verso, lower outer corner of several leaves mended, occasional spotting and dampstaining with some leaves strengthened at gutter margins, worm punctures in last leaf mended touching a few letters, quire 60 misbound; owner's inscriptions on title and censor's notation (Petrus de Trevio, 1627) on final leaf. Nineteenth-century half calf; scuffed, backstrip loose and mended with cello tape.}

Mordecai Chamizer—his bookplate on front pastedown endpaper bears the text of Jeremiah 31:12 written in Paleo-Hebrew: "for I will turn their mourning into joy"; Yehiel Dov Friedman—his signature on title page

Vinograd, Venice 167; Habermann 161; Mehlman 702

570 leaves (8 1/8 x 5½ in.; 206 x 140 mm). collation: 1-468, 472, 48-728=570 leaves; paginated as called for in Mehlman. Margins of title renewed touching a few letters on verso, lower outer corner of several leaves mended, occasional spotting and dampstaining with some leaves strengthened at gutter margins, worm punctures in last leaf mended touching a few letters, quire 60 misbound; owner's inscriptions on title and censor's notation (Petrus de Trevio, 1627) on final leaf. Nineteenth-century half calf; scuffed, backstrip loose and mended with cello tape.
In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective qualified opinion.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING CONDITION OF A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE CONDITIONS OF SALE PRINTED IN THE CATALOGUE.

Binyamin Ze'ev, written by Benjamin ben Mattathias (early 16th century) of Arta (Greece) contains 450 legal decisions and responsa and constitutes an important source for understanding the economic conditions and religious life of the Jews of Greece, Turkey, and Asia Minor. The responsa reflect the author's independence in halakhic matters, which led to the opposition of German and Italian rabbis to his book. A topic which receives particular emphasis is the plight of the agunah, or "chained woman," a woman forced to maintain her married status due, either to the unwillingness of a recalcitrant husband to grant a divorce, or in the case of a widow, unable to prove her husband's death to the satisfaction of the rabbinate. As a result of his lenient decisions on behalf of an agunah, Benjamin was severely criticized by David ha-Kohen of Corfu (see lot 91).  While several prominent rabbis, among them the rabbis of Salonika, agreed with Benjamin, others among his contemporaries, such as Solomon Luria questioned his authority in legal decisions. These disputes not withstanding, Binyamin Ze'ev is an important collection of responsa; among those who speak highly of it is Moses Isserles (Rema), who praises it effusively.

A fascinating typographical curiosity may be found at the beginning of quire 47 where the pressman has printed at the top of the page in both Italian and Hebrew: "This quire, no. 47 has only a single leaf."