Halakha of the Day

Rabbi Isaac Delouya (d.ca. 1572), the first Sephardic rabbi in Morocco

Rabbi Isaac Delouya (הרב יצחק דלויה) was born in Spain in the second half of the fifteenth century. The year is unknown. Nothing survives of his childhood, his teachers, or his life before 1492. What survives is his name, and his name is a place. “Delouya” is “de Loja” — from Loja, the fortified town in the province of Granada. Some branches of the family locate the village in Navarra and spell it Loya. Either way the name carried a return address, and the family kept it for four hundred years after there was nothing to return to.

The name appears in writing well before the expulsion. A copy of Rashi’s commentary on the Torah produced in 1346 gives its scribe as Rabbi Yosef Delouya, son of Rabbi Isaac Delouya. A fifteenth-century Tanakh manuscript lists Rabbi Yosef ben Yehuda Deloya and Rabbi Shelomo Deloya among its earlier owners. These are not our Rabbi Isaac. They establish something else: that this was already a family of scribes and book owners, in Spain, generations before the ships.

Marrakesh, 1496

Rabbi Delouya reached Marrakesh around 1496, four years after the expulsion, with a group of exiles who came at the invitation of the city’s ruler.

That ruler was not a sultan. This matters, because later accounts routinely make him one. Marrakesh in 1496 was not the capital of Morocco and not yet Saadian. Hintata Berber chiefs had come down from the High Atlas in 1359, taken the old Almohad capital, and governed it as an independent principality. They were still governing it when Rabbi Delouya arrived. The Saadians would not take the city until 1524, and would not make it their capital until the following year. So the man who invited the exiles in, and the man who later threatened to throw them out, was a provincial Berber emir running a city that had seen better centuries.

No one knows how many Jews left Spain for Morocco. Estimates run from twenty thousand upward, and serious historians decline to guess. Fes absorbed the largest share. Marrakesh took fewer, but enough to change it.

Two communities in one city

The Jews already living in Marrakesh were called toshavim, the settled ones. The newcomers were the megorashim, the expelled. They did not blend.

The differences were visible from across a street. The megorashim dressed European — trousers, shirts, hats. The toshavim wore the long Moroccan robe. The megorashim spoke Spanish. The toshavim spoke Judeo-Arabic and Berber. And the megorashim arrived with a full liturgical inheritance, melodies included, which they had no intention of trading for anyone else’s.

When the exiles asked to pray in the local synagogue — the one named for Rabbi Mordechai ben Attar, in the old Jewish quarter — they were refused. The stated reason was that their style of prayer was different. The unstated reason was probably closer to what refusal usually means: the locals were watching a group of confident, educated, well-organized foreigners arrive, and they could see where that ended.

So Rabbi Delouya built his own. The synagogue of the exiles was known in Moroccan Judeo-Arabic as Slat l-‘Azama, and it is still standing, still in use, in the Marrakesh mellah. Tradition dates its founding to 1492. That date is generous — the mellah itself was not created until Sultan Abdallah al-Ghalib ordered the Jews into a walled quarter in 1557 — but the congregation predates the building, and the congregation was Rabbi Delouya’s.

The covenant of rain

Marrakesh sits at the edge of dry country. Everything there depends on water coming down off the Atlas on schedule.

Local tradition holds that the emir, watching the friction between his old Jews and his new ones, threatened to expel the newcomers. Rabbi Delouya asked him to let them stay, and offered terms: in exchange for guaranteeing the rights of the megorashim, he would pray for rain whenever the city needed it. He put it in writing. That year, in Tamuz — the dead center of the dry season, when nobody expects rain and nobody prays for it — the emir called in the promise. The rain came.

The story is preserved among the Jews of Marrakesh, not only within the family, which is worth noting. It is also the kind of story that attaches itself to a founder, and it should be read as what it is: a community explaining to itself why it was allowed to exist.

The judge

The friction did not last. Within a few years the local Jews recognized the depth of Rabbi Delouya’s learning and appointed him ab bet din, the head of the rabbinical court of Marrakesh — the highest halakhic office in the city, handed to a refugee by the people who had shut him out of their synagogue.

What followed in Marrakesh followed almost everywhere the Sephardim landed. The exiles were absorbed numerically and won culturally. Two developments accelerated it. Sixteenth-century Marrakesh became a destination for anusim returning openly to Judaism, which fed the Spanish-speaking side. And many of the megorashim worked in weapons manufacture, supplying the Moroccans against the Portuguese, which made them worth protecting. In time the Iberian exiles held the community’s leadership for generations, and the local Jews adopted Sephardic liturgy and Sephardic practice.

What they kept

A few of the customs the megorashim of Marrakesh defended, some of which outlived the community itself:

Weddings on Wednesday. The local Jews married on almost any day. The megorashim married on Wednesdays only, following the Mishna.

The Castilian clause. In their ketubot the megorashim stipulated explicitly that any dispute would be settled ke-minhag Kashtelyanush — כמנהג קאשטלייאנוש, according to the custom of the Castilians. They wrote Spain into the marriage contract.

Shabbat Chazon. On the Shabbat before the Ninth of Ab, other Jews restrained themselves — no wine, no meat, no festive clothing. The megorashim of Marrakesh observed the Shabbat without restriction. Their reasoning was a family tradition on a national scale: their ancestors had not been in Jerusalem when the Second Bet haMiqdash fell, because they were already in Spain. The claim is not provable, and it is not absurd. Ovadia’s prophecy names the exiles of Jerusalem “who are in Sepharad,” and Targum Yonatan renders Sepharad as Spain.

Qaddish at Minha. They recited qaddish after the reading of the Sefer Torah at Minha on Shabbat, exactly as it is recited after the Torah reading on Monday and Thursday. The custom held. It is still their practice today.

Chalaq

The sharpest disagreement was about meat.

After an animal is slaughtered its organs are inspected for any defect that would have killed it within twelve months. The lungs are the vulnerable ones. Cattle swallow thorns, nails, scraps of metal, and a perforated lung renders the animal terefa. The complication is sirkhot — adhesions, fibers on the lung surface. The Talmud treats a fiber as evidence of a perforation.

Rabbi Yosef Caro ruled accordingly in the Bet Yosef and the Shulchan Arukh: the lung must be smooth, chalaq, with no adhesion at all. Others disagreed — not with the Talmud, but with the inference. If the fibers are gone by the time the lung is examined, removed in the handling, they were not the fibers the Talmud forbade. In that case the lung is inflated and submerged, checked for leaks the way one checks a tire. No leak, no perforation, kosher.

Meat from an animal whose lungs were clean is chalaq, or chalaq Bet Yosef. The other is merely kasher.

Rabbi Delouya held the lenient position, and Marrakesh held it with him into modern times.

The economics are not incidental. Adhesions are common, and where the animals belonged to the Jews, discarding every affected carcass meant hefsed merubbe, ruinous loss to the butcher or the community. Where Jews bought animals from gentiles and slaughtered them on the owner’s farm, a rejected animal simply went back — still fit for the Muslim market — and the loss was somebody else’s. Geography shaped stringency. It usually does.

Today all Sephardic communities follow the Shulchan Arukh and eat only chalaq red meat.

The meeting with Ribbi Yosef Caro

No clear records show Rabbi Yosef Caro visiting Morocco. His life ran from Toledo, Portugal, the Ottoman Balkans, and then Safed from 1536 until his death in 1575.  Still, the Delouya family tradition holds that Rabbi Yosef Caro came to Marrakesh, met Rabbi Delouya, and that the two argued the question of chalaq — and the qaddish at Minha — and that neither moved the other.

It is a revealing legend. A small community in a provincial North African city, holding a practice against the most authoritative code Sephardic Jewry ever produced, did not tell itself that it had never heard of Maran. It told itself that its rabbi had stood in front of Maran and not given way. That is not a story about kashrut. It is a story about the right of a community to its own tradition, told by people who understood exactly what they were up against.

After

Rabbi Isaac Delouya died around 1590. He was buried in Marrakesh, and pilgrims still come.

The family became a rabbinic dynasty — dayanim, darshanim and rashe yeshiva of Marrakesh for three centuries, down to the great emigration of the twentieth century. The documented line begins with Rabbi Meir Delouya (c. 1600–1680), a preacher and biblical commentator whose method resembles Abarbanel and Alshikh, and continues through his son Rabbi Isaac Delouya the second (c. 1635–1711), ab bet din and rosh yeshiva of Marrakesh, whose students included Rabbi Shelomo Amar and Rabbi Avraham Azulai. The family’s own records concede that Rabbi Meir was not the son of the first Rabbi Isaac but several generations removed, and that the names in between are lost.

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