28 Nisan · Yahrzeit
Rabbi Yihye ben Yosef Tzalach - Maharitz
Rabbi Yihye ben Yosef Tzalach - Maharitz (Moreinu HaRav Yihye Tzalach), founder of the Yemenite Baladi community and Dayan in Sana'a (1713–1805).
Yahrzeit - 28 Nisan
Resting place - Sana'a, Yemen
He is the author of a liturgical commentary titled "Etz Chaim" ("Tree of Life"), in which he closely follows the rulings of Maimonides, so well formulated in many of his works, but also adopted some Spanish customs and liturgies that had already become popular in Yemen. In this regard he was strongly influenced by the rabbis of the previous generation, Rabbi Yehuda Saadi and Rabbi Yihye al-Bashiri.
Originally, Rabbi Yihye Tzalach worked as a blacksmith until the age of thirty, after which he worked as a scribe of sacred texts - a "sofer" - before becoming the chief jurist of the rabbinical court (Beit Din) in Sana'a.
Yihye was born on Rosh Chodesh Cheshvan, in the year 5474, survived the infamous Mauza Exile, became one of the founders of the Saleh Synagogue in Sana'a and one of the city's judges. Although Rabbi Yihye Tzalach would later become chief judge (Av Beit Din) and head of the rabbinical court in Sana'a, for most of his life he worked in the shadow of two great men of his generation: the renowned Rabbi David Mishrieki, author of Shtilei Zeitim, a commentary on the Shulchan Aruch (Orach Chaim and Yoreh De'ah), and Rabbi Shalom Iraki al-Kohen (1685–1780), called al-'Ousta (the craftsman), customs controller and inspector general of royal buildings and gardens, who was a favorite of two successive kings, though he was demoted in 1761.
Rabbi Yihye Tzalach was a contemporary of Rabbi Chaim Yosef David Azulai, with whom he maintained correspondence while the latter lived in Egypt.
Maharitz is the author of the responsa work "Pe'ulat Tzadik," and also wrote a brief but comprehensive commentary on the Yemenite Baladi-rite prayer book called "Etz Chaim," which contains a response addressed to him from Rabbeinu Chida.
Maharitz also compiled a work on biblical orthography (the Hebrew vowels and symbols used in biblical texts), known among other things as "Chelek HaDikduk."
Little is known about Maharitz's father, Yosef Tzalach, except that he studied under his wife's father, Rabbi David Kafih. It is known that Rabbi Suleiman, Maharitz's brother, compiled a work on the laws governing preparation for Passover, known as Zevach Pesach. It is reported that Maharitz's family traces its lineage to Oved, one of the descendants of Peretz, son of Yehuda.
Maharitz already possessed a good memory at a young age and quickly developed his learning abilities. In his youth he studied under his father and grandfather Saleh Saleh, and at one point served under the great teacher and Torah scholar of his time, Rabbi David Mishrieki (1696–1771), author of the commentary "Shtilei Zeitim" on the Shulchan Aruch. His influence on the young Maharitz must have been striking, since Maharitz mentions him in his responsa:
"...This practice [not shaving the head during the first thirty-three days of the Omer count] spread in several places. But in this, our place, in the land of Yemen, there was no such practice, until fairly recently (about forty years ago) a certain sage from the sea islands appeared, and, passing through our city, he made the people do the same, arguing that it was a prohibition [rather than a custom] and in fact forbade it to them against their will! And behold! The great rabbi, Rabbi David ben Zimra, and Rabbi Menachem di Lonzano (in an article on Ma'ariv) wrote that several communities shave their heads every Friday eve out of respect for the Sabbath...
... About twelve years have passed since we reintroduced this practice of head-shaving [during the Omer count], that is, some of the most zealous among us, in accordance with the instruction of our teacher and Rabbi, the honored teacher and rabbi David Mishrieki, whose legacy rests in the Garden of Eden, who was the most capable rabbi of the city and practiced the same himself, and I practiced the same, and many others with me. Thus, the correct rule of conduct is to defer to the rabbi of one's generation, as it is written: "and to the judge" (Devarim 17:9), even if it contradicted the earlier custom. The law gave him the right to decide such matters as his eyes see fit, to place the matter in its rightful place, and by his word they shall encamp, and by his word they shall journey, justly, as Rashdam (Rabbi Shmuel di Medina) wrote in Yoreh De'ah, section 40."
The sages widely acknowledge that Maharitz changed his views around 1776, whereas before that he had mostly adhered to the Sephardic customs introduced in Yemen, but afterward he returned to fully embrace the earlier Yemenite traditions and liturgies that had been practiced in Yemen.
Maharitz seems to have kept a low profile during the persecutions that affected the Jewish community of Sana'a in 1761, when, by order of King al-Mahdi Abbas, twelve of the city's fourteen synagogues were demolished. The reason for the king's displeasure is currently unknown, but the respected community leader entrusted with the role of mediator between the king and the people, Rabbi Shalom Kohen al-Iraki (who bore the title Nasi, or prince), and who served under two kings from 1733 to 1761, was imprisoned and held in bonds until he was able to pay a large ransom for his release. At the same time, decrees issued by the king at that time forbade Jews in the city from building their homes higher than fourteen cubits (about 7.5 meters; 24.8 feet).
Maharitz initially adjusted halacha in accordance with the Shulchan Aruch, but later changed his approach to support the Yemenite Jewish traditions that were more consistent with the halachic rulings of Maimonides (Rambam). In this decision he was influenced by Rabbi Yehuda al-Saadi and Rabbi Pinchas Iraki HaKohen, men of the previous generation who fought to maintain and preserve the old Yemenite Jewish prayer rite amid trends toward adopting the Spanish rite. About this troubled time, Amram Korach writes:
"Then those rabbis who always prayed in the Baladi rite (Tiklal) awoke, headed by Rabbi Yehuda ben Shlomo al-Saadi, and the judge, Rabbi Pinchas ben Shlomo HaKohen al-Iraki, of blessed memory, and they wrote proclamations in the form of rabbinic decrees stating that it is forbidden to change the customs of one's fathers, which were established according to the words of the ancient Geonim and [according to] the 'Compilation' left to us by Maimonides, who came after them."
Following in the footsteps of Rabbi David Abudirham, Maharitz wrote an extensive commentary on the synagogue liturgy and on the old Yemenite Jewish prayer book, in which he mostly upholds the old customs described therein (for example, the practice of reciting only one Musaf prayer on Rosh Hashanah), although he also makes compromises by introducing into the Yemenite prayer book elements taken from the books of the kabbalists and the Shulchan Aruch.
Nevertheless, Maharitz's endorsement of certain halachic rulings contained in the Shulchan Aruch became the cause of the complete abolition of some Yemenite Jewish prayer rites and the addition of other extraneous customs introduced by the kabbalists.
Maharitz died on Shabbat, the 28th of Nisan, 1805, in Sana'a, Yemen, and was succeeded by his son, Rabbi Avraham, as chief judge (Av Beit Din) and head of the court.
His works:
Pe'ulat Tzadik (Responsa)
Etz Chaim (Commentary on the Tiklal - the Yemenite Baladi-rite Siddur)
Chelek HaDikduk (Orthography of biblical texts)
Meil Kahan.
May the merit of the Tzadik protect Am Yisrael!
https://dailyzohar.com/tzadikim/1146-Rabbi-Yehiya-Saleh