Introduction to a Personal Record Book
Rabbinic courts were and remain an integral part of the Jewish community and the Jewish community in Frankfurt in the late eighteenth century had not one but two such courts. The courts handled a wide range of issues including divorces, contracts, real estate transactions, trusts, estates, and also gave opinions on the scope of Jewish communal authority.
The courts kept formal records of the arguments of each side in every case but these have not survived. What has survived is the personal record book of one of the members of the court, Rabbi Hayyim Gundersheim. Dayyan (“rabbinic judge”) Gundersheim kept a personal record of the litigants in cases brought before him, their basic claims and counterclaims, and what the court decided in each case. The cases are dated and the other judges who served with Gundersheim on the case are noted. The court’s rationales for its decisions are not given and any dissent among members of the court is not mentioned.
It is not immediately clear why Gundersheim kept such a legal diary or whether it was typical of rabbinic judges. It may well be that he wanted to be able to refer to earlier decision in the course of his work, something that happens from time to time in the diary.
This particular case deals with a house on the so called “Judengasse” in Frankfurt. The Jewish ghetto was divided up into lots that had names rather than street numbers and houses on the lots were often owned by more than one family. The case before us deals with reaching an equitable division of the house among it owners.
A Court Official's Personal Record Book Hayyim Gundersheim Dayyan, 1774
Fol. 51a
Regarding the case that came before us in which the honorable Moses Auch, representing Tevli Landau, who owned half a house on the Wetterhan lot (see map, nos. 136, 137), presented a record of the lottery made between the late Billa, widow of Lima Wetterhan, and the late Raisela, widow of Lipmann Schwarzschild, the sister of the above mentioned Tevli, on 6 Tammuz [5]711 (29 June 1751), that divided the living quarters. And after the death of aforementioned Raisela, Mrs. Billa and the aforementioned Mr. Tevli reaffirmed the lottery. And according to the aforementioned lottery and the division of living quarters, the lower living quarters belong to Mr. Tevli Landau and the upper living quarters to Mr. Yozefa Wesserhan [sic], son of the aforementioned late Lima, from the coming Rosh Hodesh Elul for six consecutive years.
And the honorable aforementioned Moses demanded that the aforementioned Mr. Yozefa vacate the lower area in favor of the renter of the aforementioned Mr. Tevli and that Mr. Yozefa live in the upper living quarters as mentioned in the aforementioned lottery for the aforementioned lottery was made so that it should rotate for eternity, obligating even the descendents and assignees. And even if he (i.e., Mr. Tevli) should not win this [claim], nevertheless since the aforementioned Mr. Yozefa lived in the lower living quarters after the death of his mother, the aforementioned Mrs. Billa, until now, three years, that is from 1771 until 1774, therefore the aforementioned Mr. Tevli is also entitled to the lower living quarters just as the aforementioned Mr. Yozefa lived there.
And Mr. Zalman Gieger, representing Mr. Yozefa Wetterhan, responded that the letter of the lottery and the division of living quarters made by the aforementioned widow Billa was cancelled now that Mrs. Billa had died since she had no authority to make an agreement for her descendents and assignees since she had no share in the aforementioned half a house, not as a creditor with primary rights and not as a resident therein but only in that she rented there as the honorable aforementioned Mr. Zalman presented before us in the writ of discharge of her marriage contract and the original [marriage] conditions provided by the aforementioned Mr. Yozefa. And it is explained therein that the widow, the aforementioned Mrs. Billa, rented and lived in half the house and that she had to give [rent] to her children and therefore the lottery was nullified. And this, that Mr. Yozefa lived in the lower area for three years after the death of his mother, did not diminish his rights in this matter since Mr. Tevli did not object and therefore he certainly accepted it. And thus Mr. Zalman demanded that the court have a new lottery between them.
And the sides had lengthy arguments between them, and everything is explained in the record of claims that is before us.
And since [51b] the two sides obligated themselves in writing, under a serious ban and a set fine to be paid to the community chest and to the secular authorities, may God raise their honor, to accept and follow our ruling, we have answered their request and found that the aforementioned Mr. Tevli has no greater right than the aforementioned Mr. Yozefa to the lower living area based on the aforementioned lottery. And also he has no claim based on encroachment since the aforementioned Mr. Yozefa was living there without a new lottery. Therefore both of the aforementioned sides must now have a new lottery with respect to the division of the living space.
And the sides accepted that we, the undersigned court, hold a new lottery between them. And we sent after Mr. Yishai, son of the aforementioned late Mr. Lima Wetterhan, who has a quarter share in the aforementioned house and he came before us and said that he too was satisfied with the division of the living quarters and the lottery that we the undersigned court will make based on the manner that the aforementioned sides agreed to.
And therefore we answered their request and cast a lot between them in the presence of the aforementioned Mr. Zalman, representing the aforementioned Mr. Yozefa, and the aforementioned Mr. Yishai, and the aforementioned Mr. Moses, representing Mr. Tevli. And the lottery determined that the lower living space for the next three consecutive years, from the date listed below will go to the aforementioned Mr. Tevli Landau and the upper living space will go to the brothers, the aforementioned Messrs. Yozefa and Yishai. That is from Rosh Hodesh Elul [5]534 (8 August 1774) until Rosh Hodesh Elul [5]537 (3 September 1777), may it come upon us with goodness, the following will be used by Mr. Tevli Landau who owns half of the house, by his descendents and his assignees: on the ground floor, the “winter house” with the sukkah, on the second floor, two rooms across from each other with the hallway and passageway, on the third floor, a room on the side of the street, another room on the fourth floor on the side of the street, and the half stairway that does not have a small room in it, the wood courtyard under the sukkah and the inside cellar. And for the brothers, the aforementioned honorable Mr. Yozefa and the honorable Mr. Yishai, who own the other half of the house, they and their descendents and assignees will have for the aforementioned three years, two rooms across from each other on the first floor with the hall and passageway on the side of the wall (i.e., in the direction of the ghetto wall), on the third floor a room on the side of the wall and another room on the fourth floor, and the half stairway with small room in it, the wood courtyard under the lower “winter house” and the exterior cellar that is under the street. And during the holiday of Sukkot, the aforementioned two dwellers will use the sukkah equally. Also the lower foyer will always be used equally. And at the end of the aforementioned three years…[three] more consecutive [years] without any putting off or delay in the world [52a], that is to say that from Rosh Hodesh Elul [5]537 until Rosh Hodesh Elul [5]540 (1 September 1780), may it come upon us with goodness, the lower living quarter will be for the aforementioned brothers and their descendents and their assignees, and similarly the upper living quarters for the aforementioned Mr. Tevli and his descendents and his assignees. And so it will rotate every three years forever. So it shall be.
And we, the undersigned court, have come to give this division of the living quarters and the aforementioned lottery all the authority and power as an act of the court. And as proof, we have signed today, Sunday the first day of Rosh Hodesh Elul, the year [5]534 (7 August 1774) of the small count.
Abraham Trier Kohen
Meir Schiff
And me.