PEH797
Title
PEH797
Hirsch Summary
Case Number 21 provides a detailed account of the disappearance of a man and the subsequent identification of his body, recovered from water. The incident occurred in Amsterdam, and the head of the Beth Din, Rector Daniel ben Rabbi David a Cohen d'Azevedo, personally presided over the tribunal. He was joined by Dayanim David ben Raphael Meldola and Moses Rodriguez Lopez, both explicitly designated as judges in this case. Moses de Leon disappeared on the evening of Monday, 25th Elul 5553, shortly after sunset. No information was available regarding his whereabouts. On the morning of Tzom Gedaliah, Monday, 3rd Tishri 5554, the body of a man, evidently drowned, was recovered from the water. The exact time of recovery could not be determined. The body was taken to the hospital, where members of the Jewish community examined it and believed it to be Moses de Leon. It was subsequently moved to an empty house in the Jewish quarter and then buried the same day in the cemetery. The rector, Daniel ben Rabbi David, ordered that neither mourning practices nor the recitation of traditional funeral prayers, such as Kaddish, could take place until the Beth Din had reached a decision on the case. The case involves the disappearance of Moses de Leon and the attempt to identify his body, recovered from water, based on witness testimony. The testimony and deliberation spanned multiple sessions of the Beth Din. Benjamin ben Immanuel Baruch testified that he had known Moses de Leon well but could not recognize the face of the drowned man due to significant disfigurement on the left side of the mouth and nose and other facial changes. Items found on the body included a lottery ticket, a snuffbox, and a wallet. He described the clothing as a brown coat and checkered trousers but could not confirm whether the deceased wore Arba Kanfot or other specific items. Joseph Mendez Cotinho stated he had gone to the hospital with Jacob ben Abraham Izrael (the father-in-law of Moses de Leon) and Moses Ceros. He reiterated that the face was disfigured and clothing matched the earlier description. He did not inspect for circumcision. Jacob ben Abraham Izrael noted that Moses de Leon had not worn his Arba Kanfot on the day of his disappearance, as it had been given to his wife for repair. He confirmed that the trousers were checkered with white and blue patterns. He observed the hair as neither particularly short nor long. Samuel ben Moses Preto Henriquez testified similarly about the disfigurement but added that the face was unrecognizable due to decomposition. He confirmed the clothing details and described the hair as long. He also saw a wallet containing documents belonging to Jacob Marsilia and a blue handkerchief among the deceased's belongings. Moses Ceros testified that he had gone to the hospital earlier and described the face as almost black with the left side disfigured. He provided additional details about the clothing: a dark-brown coat, a greenish-brown vest with smooth buttons, and black trousers. On Thursday, 6th Tishri 5554, the Beth Din reviewed these testimonies but decided not to conclude the case and asked for more witnesses. A subsequent session was held on 30th Tishri (Rosh Chodesh Cheshvan), where two more witnesses, David Nemias de Crafto and Abraham Serano, appeared. Nemias stated that others had identified the deceased through documents found on the body. Serano claimed to have recognized Moses de Leon's face despite the disfigurement and noted that one of his hands was also mutilated. Finally, Moses ben Aaron de Penedo testified that he identified Moses de Leon by his facial features and corroborated previous descriptions of the clothing. Despite the detailed testimonies, the Beth Din faced challenges in conclusively resolving the case due to the state of the body and the need for further verification. Jacob ben Aron Marfilia testified that he knew Moses de Leon well, having entrusted him with the collection of bills of exchange. On the evening of 25 Elul, Marfilia settled accounts with Moses de Leon, leaving only a small amount unresolved. Marfilia noted that Moses de Leon appeared particularly unwell that day. When asked about his condition, Moses de Leon mentioned financial concerns and plans to move to London. Around two hours after nightfall, Moses de Leon left his home and did not return. His wife, distressed, came to Marfilia an hour after midnight to report his absence. On 3 Tishri, Marfilia, alongside other witnesses, visited the hospital where the drowned man's body was kept. Initially, he did not recognize Moses de Leon's face due to its condition but identified him based on his clothing. Marfilia described a black-brown waistcoat with black buttons, which he himself had gifted to Moses de Leon. He also found in the deceased's wallet personal notes, receipts, and a list of lottery numbers, all written in his own handwriting, as well as other familiar belongings like a snuffbox. Another witness, Moses Dias Moto, confirmed that he had taken possession of the deceased's wallet and later passed it on. Additionally, Moses de Leon's father-in-law testified to finding a pawnshop receipt on the deceased, which pertained to an item pawned on behalf of his wife. The testimonies, collected on 30 Tishri, were signed by the presiding rector, Daniel d'Azevedo, and the Dayanim David Meldola and Moses Rodriguez Lopez. Following these testimonies, Moses ben David Rodriguez Lopez issued a detailed decision on 24 Kislev 5554, permitting Moses de Leon's widow to remarry. This decision was formally affirmed by Rector Daniel d'Azevedo in a handwritten note appended to the records.
Volume
11
Local
21
Written Date
1793-11-28
Published Date (est.)
1794-05-01
Author Short Name
Rodriguez
Author
Rodriguez Lopez, Moses ben David
Rector Short Name
AcohenDan
Rector
Acohen d'Azevedo, Daniel
Collection
Tags
Citation
“PEH797,” Pri Ets Haim Amsterdam Responsa, accessed July 6, 2025, https://pehh.library.utoronto.ca/items/show/11676.