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The Pinkas of the Hevra Kadisha
& Gemilut Hasadim
[1] of Zamość

Ephraim Kupfer

Table of Contents

**
*

Notes:

Dots that are enclosed in brackets […] designate text that is not completely clear.

Plain dots … indicate omitted explanatory material

The page numbers shown are those from the Pinkas (numbered by me).

We have not altered the spelling in the source documents. Words with errors in them have been left as is. We have only bold-faced words shown in quotation marks.

Introduction

 


The Frontispiece of the Pinkas of the Hevra Kadisha
& Gemilut Hasadim of Zamość

 


A Page of the Amendments from the Pinkas,
from the Year 5447 (1687)

 

The Pinkas, from which we present these extracts, was conveyed to the Jewish Historical Institute of Poland by the officer of the Polish partisan army, Enzel Joachim on September 5, 1949. The Pinkas consists of 150 pages, that measure 30 by 25[2], the first 22 sides are written on parchment, and in general (except for the pages 43-44, 49-50), are in good condition. It covers the activities of the Hevra-Kadisha & Gemilut Hasadim in Zamość from the year 5447 (1687) to 5645 (1885). The following matters are recorded in the Pinkas:
  1. Amendments of the year 5447, additions and refinements to the amendments of the years 1700, 1723, 1731 and 1740, a text of amendments, that were approved by the administrative authority of the Zamość Region, as well as minor refinements that were adopted at annual meetings.
  2. The voting protocols of the years 1710-1865.
  3. Agreements between the Hevra and the community, between the Hevra-Kadisha and the later-established Hevra of visitors [to the sick][3], as well as [agreements] between the Hevra-Kadisha and specific individuals.
  4. Protocols of purchases, of estates that were taken over, and accounting of the larger inflows of money.
  5. Lists of funds raised to carry out renovations and accountings of the renovations so carried out.
  6. Protocols for accepting and discharging appointees.
  7. Handwritten records of newly accepted members, from the ‘Initiates.’ At the end of their period of being candidates, and recording of [the birth of] children.
  8. Membership appointment protocols to various positions, and debates on the amendments regarding the acceptance of members.
  9. Acceptance and resignation of members.
  10. Protocols concerning community affairs (apparently recorded in the Pinkas of the Hevra-Kadisha in order to underscore their importance).
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The excerpts presented here include:

The full text of the first amendments of the year 1687, which by contrast with the amendments of later years, introduce the additions and refinements brought forward, but we omit those items that are repeated (‘in order to strengthen the point’).

From the protocols of the previously mentions points C, D, H, I the content is brought forward, omitting the explanatory detail.

From the text, which are mentioned in points B and G we present, for illustrative purposes only, an illustration of the special characteristic, as well as a listing of funds raised.

From this we can see, that in the selection of the texts for publication, we held it to be necessary to publish first and foremost, those sections that can serve to support the illumination of the social relationships and way of life of the Jews in Poland.

Before we approach the illumination and social relationships and way of life of the Jewish settlement in Zamość, base on the material from this Pinkas, it is necessary to make a number of general observations.

From the material in the Pinkas, one concludes that the Hevra-Kadisha in Zamość operated as an independent institution with no dependency on the community. After conducting an internal re-organization (about which we will speak later), the amendments of the Hevra were institutionalized [sic: confirmed] by the feudal authority of the Voievode.[4]

Belonging to the Zamość Hevra-Kadisha (at various times until the beginning of the 19th century) [were] all the Jewish settlements in the surrounding area, that belonged to Zamoyski's territory, such as, Tarnogrod, Tomaszow, Szczebrzeszyn, Krasnobrod, Turobin, Jozefów, etc., such that the territorial ambit of the institution must be taken into account in order to analyze the statues and protocols.

The frontispiece of the Pinkas is dated from the year 5448 (1688)[5]. The first amendments with which the Pinkas begins, are seen with the date 5447 (1687), seeing that the Pinkas was established at the 100th anniversary of the establishment of the Jewish settlement in Zamość. As is possible to see from the introduction to the amendments of 5447, and from a part of the paragraphs of the amendments, the Hevra-Kadisha had existed for along time in Zamość and had its amendments. It is therefore necessary to clarify, why the later amendments are constantly referred to, since they come to strengthen the already passed amendments of the year 5447 (‘to strengthen the prior amendments’); as opposed to the 5447 amendments, prior amendments are less frequently mentioned, in order to demonstrate the fact that they are not correct. This becomes clear, when we study the re-organizational character of these 5447 amendments, which had as an objective to completely alter the face of the Hevra.

What did this reorganization consist of? It is known, that ibn the first period of the appearance of a city, until the contours of an economic base became visible, that is the craftsmanship and trade, there was no discernable social differentiation, and therefore, there was a certain equality instituted among the populace (especially in the city of

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Zamość, whose founder, Jan Zamoyski had the ambition to see it built according to the model of the Italian Renaissance), and accordingly, the community organizations, such as the Hevra-Kadisha and the Gemilut Hasadim in that period, had a community character. As it is possible to see from paragraph ג' of the amendments of the year 5447, the Hevra-Kadisha and the Gomlei Hasadim were, until the previously mentioned reorganization, institutions of the masses. Under the original statue, direction of the institution was not permitted to be in the same hands as the authority of the congregation. In order to protect its community appearance, the direction of the Hevra, indeed, was found in the hands of the common people, who in most cases were not people of any means (the poor people).

At the end of the 17th century, Zamość had already grown to become an important provincial center with an established Jewish community. The city was already socially differentiated, it contains people of means and poor people, and a fully formed feudal regime holds sway. It is at this time that the reorganization of the Hevra-Kadisha and the Gomlei Hasadim is approached, with the line of approach of eliminating the common people, initially just from the leadership.

When paragraph wd of the amendments of the year 5447 is examined, an interesting revelation surfaces, that it is especially the somewhat simple ‘unsophisticated’ and insufficiently pious, on whom the ‘commandments are a burden,’ who carry out the work and the obligations of the Hevra, and they do not find the authority of the Gabbaim of the common people to be a problem. It is only the elegant Jews, the ‘men of appearance,’ who do not find it possible to carry out this mitzvah under the direction of such Gabbaim, and it is for them that the amendments of 5447 are brought into being, which are required to strengthen the Hevra (to create a firm foundation more than was previously in existence). The currently new amendments follow two directions:

  1. The installation of an oligarchy of the rich with a strong hand, who will prosecute every protest against the leadership, and it was to this purpose that paragraphs 'ג' ט, and י”ב are conceived;
  2. Placing core emphasis on funding; it is implicitly understood that members who are empty-handed, lose their worthiness. This is the objective of paragraphs , א' ד' ה', ו', ז', ט”ו, and ו”ז.
But as previously said, the amendments of the year 5447 had the purpose of only removing the leadership from the hands of the ordinary people. About 20 years later, in the year 5469, after the Polish-Swedish War, at the time that the city of Zamość found itself under the rule of the Jesuit-students and folk leader Hetman Mazepa[6], which brought with it the impoverishment of the masses (the denouement of the poor is spread on the face of the camp), and simultaneously strengthened the rule of the nobility and its supporting classes, it became timely in Jewish life to also limit the degree to which the poor were taken on as members in community institutions (the Hevras were the only place where Jews could express themselves through social organization). It was at that time that the decision was taken to create improvements to the amendments of 5447.

Paragraph 'ד takes away the possibility of a Jew without means to become a member of the Hevra. If the amendments of 5447 only gave the stimulus to elect solely the rich and elegant Jews as Gabbaim, then paragraphs 'ב', ג', ה guarantee an oligarchical rule by the wealthy.

Fifteen years later, in 5783, complementary amendments are written. Paragraphs 'י and י”א of these amendments warn against the influx of poor members. In order to further assure, that the leadership will remain only in the hands of the wealthy people involved in public activity, the paragraphs ד',ו', ט', י”ב are written, but the most important of the amendments of the year 5783 is paragraph 't, which institutes the voting protocol of a two-tier-system and de facto, takes away the power of the vote from the members without means, as well as the right to occupy any position, even by someone who at one time was someone of substance, but is currently a member who lost his wealth.

Paragraphs י”א, כ”ד are characteristic of these current amendments, which are concerned with assuring that the record

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for posterity should be under the exclusive control of the wealthy Gabbaim and Heads.

It is understood, that in order to preserve the non-folk character of an institution, which is ultimately based on its members, who also can become financially ruined, there are very few explicit paragraphs, then it is necessary to devise a variety of means, in order to preserve the non-folk character of the institution; it is for this purpose that the oath in amendment 'ג is appended.

A consequence of this, is that the reorganization amendments of 5447 did not provide the Gabbaim from the ‘poor masses’ any relief from financial accounting. If those amendments contented themselves with the creation of paragraph י”ג, about monthly financial reporting, now, in the year 5783, after years of experience by a leadership in the hands of the ‘important people,’ the custom in financial matters became diminished, and the current amendments set out four paragraphs: י”ט, כ”ג, כ”ז י”ח, in order to protect against misuse.

I was in this manner, that a Jewish community organization, in the course of 40 years, arrived at the complete elimination of common people from community life, through reorganization, expansion and ‘improvement.’

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*

Up to this point, we have examined the development of the state [of the institution] in light of the internal social relationships. Now, we will see how the amendments played out in the activities of the Hevra. Most prominently, we can illustrate this by the following facts: the amendments of 5469 limit the acquisition of new members to one a year, but so good was it in the year 5485 as in the year 5642, that many rich members are taken in, who have the ability to pay larger sums. In contrast to this, members who had become poor, are thrown out after having been members for 15 years in the Hevra, who because of their condition of need, beg to have their previously paid in dues refunded to them. But for a ‘Donor of a substantial sum,’ all sins are wiped clean off the slate.

And in this fashion, the ‘King of the Speculators,’ R' Yudel indicates, after paying in a ‘Pretty Sum,’ that he is enrolling his son, on the condition that a resolution is passed to accept other children. By contrast, regarding the physician, Zvi Hirsch, the Gabbaim of the Hevra work out that he should have no voting privileges. It is in this manner that the social differentiation in Jewish life mirrors itself in the ranks of Hevra activities.

It would not be right if we did not make visible the extensively branched activities of the Hevra, which set up for itself an important self-help institution in the ranks of Jewish life, and specifically, it is necessary to underscore its activities in the sphere of looking after the sick. As it is possible to see from the Pinkas material, the Hevra had a mission, apart from guarding and tending the sick – also to provide them with a physician, that it had under its wing. It also concerned itself with medicaments and financial aid for the sick among the poor, and even for the preparation of fruit jellies for the sick [for use] during the winter season.

As can be seen from paragraphs (ב5 ,צ1) the Hevra took over specific responsibilities from the community, such as: the management of the Hekdesh[7]. The Hevra also took over the Mikva.[8]

In connection with these very missions, the Hevra acquired many opportunities to fill its coffers. As we are able to see from these documents, it demonstrated sufficient skills in this connection. Not content only with income from assessments and membership dues, when it became necessary, it would solicit a larger number of wealthy members, and in this manner took in the requisite amount. Paying no heed to the restrictions of the amendments, it sold burial plots up front. By extracting funds for burial in advance, it indicated a will to become the heir to unclaimed wealth and businesses.

From time-to-time, the Hevra became the creditor of the community, as we see from the protocols (Group 8).

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It remains for us to imagine the relationship of the Hevra to the community. As we indicated above, the Hevra-Kadisha came about as a self-standing institution. In its struggle to maintain its institutional character, it created amendments that opposed the centralization tendencies of the community. From this, amendments emerged such as – the leader of the community could not simultaneously be the head of the Hevra, as also the amendment, that the Rabbi of the city cannot be a member, and involve himself in the affairs of the Hevra.

After the re-organization of 5447 (1687), and in later supplemental amendments, the leaders of the community, or past leaders of the community belonged to the privileged cast, which acquired the monopoly of leadership. And this forces us to make the conclusion that the later paragraphs were written wit the objective of shielding the Hevra from the interference of the community, and are driven by the ambitions of the Gabbaim and Leaders who wanted to be the sole leaders of the Hevra, and control it by themselves (The position of an accountant is encountered for the first time in the election protocol of the year 5595 (1835)).

There is more: As we see, at specific moments, when the community is in dire straits, the Hevra comes to the assistance of its fraternal class-institution. This happened in the year 5542 (1782), when it was necessary to silence the protest against the community tax levy (to soothe the voice of oppression), and in the year 5585 (1815), when it was necessary to rescue the reputation of the community, already in a state of decline.

At the middle of the 19th century, the aristocratic Hevra-Kadisha ceases to be competent in carrying out several voluntary functions such as: attending to the sick, and even carrying out part of the work in attending the dead. For this reason, the new Hevra adopts name, ‘Visitors [to the sick] and Pallbearers.’

From the few protocols that can be found in the Pinkas in connection with the Hevra of ‘Visitors,’ it is possible to see, that the single concern of the old Hevra-Kadisha was to constrict the development of the newly established Hevra. Amendments are passed, with the help of the Rabbi of the City, which guarantee a monopoly over the income of the old Hevra-Kadisha, and force the Hevra of the ‘Visitors’ to become economically dependent on the old Hevra-Kadisha.

To the extent that it touches upon incidents that are characteristic of the way of life, mirrored in these documents of the Pinkas, they are exactly like the incidents of the protocols [themselves], and are not specifically [characteristic of] Zamość. It is sufficient to indicate that the amendments of 5449 display the signatures of the Brisker Rav, and of Yehoshua Heschel of Brod. For sure, they took as a model, the forms of the community organizations in their own ancient Jewish towns, but this does not say that we are drawing general conclusions regarding the question of the internal way of life, or regarding social relationships. Naturally, there are nuances. In Zamość, the Hevra concerns itself with the conservation of fruits for the sick, or a custom such as the pledge in order to arrest a plague, in which the Gabbaim of Brisk Koyavski would resign their positions with the Hevra-Kadisha, as opposed to Zamość, in which the Hevra removed the Shammes from his position.

In the introduction, we exerted ourselves to uncover the central nerve of the historical development of community life, which is mirrored by a Pinkas of a highly active community institution [found] among Jews in a Polish city. This does not eliminate the possibility that there were other reasons for the creation of this or that amendment, in the referenced Hevra, which will be the objective of the researcher to discover, and the extent to which they can bring to light new material.

The author provides extensive footnotes at this point. The interested reader, who wishes to pursue the references, is referred to the original text.

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Group I Amendments[9]

Year 5447 (1687)
(6-3 z”z)

A

The Pinkas begins with the words, ‘This is the history of man and his purpose.’ After a discourse on the importance of the mitzvah of ‘visiting the sick,’ escorting the deceased and burying the dead, it says further: for this reason, the undersigned have agreed to create the Hevra even more than before, and to carry out all the details of the amendments set forth below.

Texts:

Amendment

  1. The Pillar of Charity: Each and every member of this sacred Hevra is required to give two large [donations] on a monthly basis, and it was the custom to collect on a monthly basis, but recently, it became apparent that only at every half year everyone would donate for six months at one time, customarily on Hol HaMoed of Passover before the election, and Hol HaMoed of Sukkot, with the custom being on Yom Kippur Eve to pay up, and whoever didn't pay up on Yom Kippur Eve, was to fulfil his obligation on Hol HaMoed Sukkot, and in no case to have the obligation unpaid. The Gabbai has the power to prevent the individual from having his candle placed in the sanctuary for Yom Kippur, and for Yom Kippur Eve, and also on Hol HaMoed Passover, he may not put one down until he has paid as described above. And also the power to drive him out of the Hevra, if he does not pay, and the Senior Gabbai is responsible for doing this, and announcing it in the Bet HaMedrash, before the balloting process, on Yom Tov, the First day of Hol HaMoed Passover, in order that all the members of the Hevra understand, that they should not come to the [election] meeting empty-handed, but rather with a clutch of their money in their bags.
  2. Visiting the Sick: The officers and the Gabbaim are required on a daily basis to visit the sick, regardless of whether the sick is rich or poor, may the Lord save us, and also in the sanctuary of the congregation, to supervise with great care, with regards to all the needs of the sick person, and they have the right to deputize members of the Hevra, in accordance with an assessment base on their own understanding. And if it becomes apparent in their sight, that the sick person is growing increasingly feeble, they shall declare so by utterance, and it shall fall to the Shammes among them, to sit beside the sick person, or they shall hire some other man, if the Shammes does not have the ability to do so, and the same shall be done for a sick woman, and if a man of means is the sick person, he shall pay for the person sitting with him out of his own pocket. And if he be a poor man, the Gabbaim shall pay on his behalf, in accordance with what they judge by sight, and in the case of someone seen to be dying, all or part of the officers are required personally to be present and standing at the time that he expires.
  3. Discharging the Mitzvah Regarding the Deceased: If such an individual from the community should require services, the officers and Gabbaim must lead all activities, the first of which is to take security for the burial plot, and afterwards, they are to engage in the digging of the grave, and no member of the Hevra has permission to lift a hand or a leg in attending to the needs of the deceased without the prior knowledge and permission of the Gabbaim, and for the opening of the grave site, let all the people stand available, and everyone who is a member of the Hevra is required to involve himself, despite the fact that the Kohanim in the Hevra cannot participate because of the ritual uncleanliness of contact with a corpse, they are able to participate in the construction of the coffin, each in accordance with his own particular skills, and this is because we have seen that the fate of laxity is such that members of the Hevra do not come to attend to the needs of the deceased, for grave digging, or ritual purification of the corpse, because each individual is depending on his fellow member [to do this work], and simply turns away to deal with his own affairs. Then one [representative] of the City, and two members of the family that are at hand, in this moment of crisis, and the Mitzvah is carried out
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    by the younger element with little understanding, and who have no concept of how to guard the dignity of the deceased, and the Mitzvot become ridiculed by them, and typically engage in levity at the cemetery, and other inappropriate things that are derived from such conduct, as we have seen in the Place of Justice, the evil that takes place there, in which there is quarreling and arguments, with insults being hurled about, about all manner of details for which there is no more place here to enumerate in further detail. And we have found and seen two reasons that give rise to all these things, one of which is the increase in the membership of the Hevra, where each individual has come to rely on his fellow member, and because of this everyone defaults on his obligation, and second, because the Gabbaim are too soft, and are young, and they are unable to instill fear of retribution in the membership, and punish them if they fall short in their obligation to perform service at the needed hour, and the reason that leads to this is the prior Amendment, which had been not to appoint a Gabbai of the Hevra anyone who already holds a post, and thereby, qualified people are pushed to the side, and they are replaced, in kind, by people of lesser worth, who have been saddled with the responsibility to be a mediator, but don't know the difference between left and right, and are unqualified, then having himself, or a relative, appointed as a Gabbai, but is only interested in the honor of having the unique title, only to be called, ‘Gabbai,’ but discards all else according to his own taste. Therefore, we have come here to amend the finances, and to remove this impediment, so it no longer will exist as a barrier and trap to sinning, God forbid, and we have agreed that it is appropriate to appoint as a Gabbai of this Hevra, even someone who holds a different post in the Hevra-Kadisha, in order that people of standing, truthful people, and God-fearing people, whose hand and arm has an extent that will enable them to reach out and punish everyone who defaults on discharging their obligation to carry out this Mitzvah, or the people who do not take their responsibility seriously, and ridicule the dignity of the deceased by their deeds. In order that there be no dereliction of duty, in connection with what we have just described, we have agreed that the membership of the Hevra will be divided into four ‘Watches,’ by a lottery conducted by the officers and the Gabbaim, with the faithful, after every Passover holiday, on an annual basis, and everyone will keep the list of the people who were selected in the lottery in his possession, on a special roster, and the Gabbai, during the month, will supervise the people in his section, that are responsible to be involved in case any misfortune should arise. In that month. And the newly initiated for the period of three years, are required to be involved in, the serve, work and attend with each and every Gabbai, in respect to everything that is demanded of them, and in any event, regarding all the needs of the deceased, the newly initiated shall be responsible for frequently being involved, whenever there is someone sick, or God forbid, someone in the community dies, on a monthly basis for the entire three years, and whosoever deliberately avoids such service without cause, and will not come during his appointed term, the Gabbai, during his turn, will apply the full measure of force, and pressure, as he pleases, and in the instance that he shall be very occupied with his own livelihood, or under pressure, or incapable of participating, he is responsible, in any respect, to pay for a substitute to take his place, who will engage in his place in grave digging, at the cost of six measures in the warm season, and nine measures during the winter. However, in the case of those people, who were not physically present in the city [at the time], they have only to pay three measures, for each occasion on which they were unable to participate in the month they were designated for, and in this connection, the Officers and the Gabbaim must themselves be aroused to generate enthusiasm among those who are coming up to their terms as set by lottery, that the Mitzvot are carried out according to their precepts, and the Officers and Gabbaim in general, and especially the Senior [Gabbai] during the time of his monthly appointment, has the exclusive right to use all powers and energies to appropriate assets for security if anyone is derelict in his duty, without question. Such is all the more so, and a fortiori, if a person habitually, God Forbid, habitually gets into an argument or dispute at the cemetery, or in other places, and of these especially at the feast of the Hevra-Kadisha, all or in part, or if he should utter something inappropriate about one of the members of the Hevra, or about any matter that pertains to the Hevra, they literally have the right to take a rod and lash to punish him, as they please, immediately at the place where this evil man transgressed, without any consideration of fac for him, or his family, and his comeuppance shall not be allowed to tarry, but should bring the hand of justice to him swiftly and immediately, and it shall be consummated as swiftly as it is spoken, so that all the masses know that they should be guarded about what comes out of their mouths, and to guard their tongues from expressing the torments of their souls.
  1. Burial Funds: The permission is in the hands of the Officers and the Gabbaim to assess an amount for the burial plot, and the lumber boards for a coffin, based on an estimate derived from their knowledge, as to whether the deceased was a man of means and wealthy, and whether they solicit the view of the Senior sitting for the month, or the remainder of the community leaders, is in their hands.
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  1. On holidays when contributions are made, or on Yom Kippur when Yizkor is read, the Cantor shall not recite El Moleh Rakhamim for any [sic: deceased] person who is a member of the Hevra, and by extension, any other person, who has not previously made a [financial] pledge, however, regarding the issue of payment on his behalf, there is a difference between the members of the Hevra and the rest of the community, whereby a member of the Hevra will pay seven measures for an El Moleh Rakhamim, and the remainder of the community is required to pay fifteen measures.
  2. The recitation of El Moleh Rakhamim by mourners, during the period of mourning, has to first be cleared with the Officers and Gabbaim, and before this arrangement is clarified, with respect to the above terms and conditions, the Cantor will not recite any El Moleh Rakhamim.
  3. A person called for an aliyah to the Sefer Torah on the High Holidays shall donate at least three measures to the Hevra, and even if he has not made a contribution, he is obliged to contribute as indicated, for each time he has an aliyah to the Torah. The Cantor will recite a Mi Sheberakh on behalf of the Officers and the Gabbaim on each major festival and the High Holidays. On the Hol HaMoed of Passover and Sukkot, the Officers and Gabbaim will gather, and call to them other men from the membership, to review and clarify all matters requiring amendments in this Hevra-Kadisha.
  4. On the second day of Hol HaMoed Passover, there shall be an election of the Gabbaim, by the customary balloting used during the meeting of the entire Hevra, and whoever does not attend the meeting will not be placed on the ballot, and everyone who has not appeared for the past six moth will also not be placed on the ballot, as described above. And all newly inducted members, during their first three years, will not be eligible to be placed on the ballot, and these newly inducted members will not be permitted to be Gabbaim, and the protocol for this election shall be by written ballot, according to custom, and five candidates will be elected from the ballot box, and canceled ballots will be as it is in community elections, and in the same elections, four Gabbaim will be elected, with the admonition that they dedicate their thoughts to the Lord's Name, with whole-hearted dedication and fear of Your Lord.
  5. Those of the candidates that had never previously held a post in the Hevra, and was not already a Gabbai in this Hevra, are not eligible to be appointed as a Gabbai, and if no single one of the five candidates are so qualified to be appointed as outlined above, then no more than one [is selected].
  6. The stipend to the Shammes, which is given to him by custom on a weekly basis, shall consist of a steady meal, week in and week out, on Holidays and the High Holidays, and if they fall in the middle of the week, he shall be given a double portion in that same week, but if the first day of the Holiday or High Holidays falls on the Sabbath, he is not entitled to the doubling of his portion.
  7. It is beyond the power of the Gabbaim to extend financial credit on a charitable basis to any person in the world, whether singly, or a group, even with security, and even to the richest of the magnates, whose credit is unquestionably good, and with this, they have no permission to lend money to any individual in general.
  8. In order that there not be any obstacle or entrapment into sin for us, by which many of the masses, and immature people who carry on and ridicule God's holy Mitzvot that stand as pillars of the world, who in their haste to anger, in which their cries and groaning rise to assault the Hevra Kadisha, and behave like demented people in respect to the original members of the Hevra, and say wholeheartedly, that they no longer want to be members of the Hevra, and the Mitzvot are ignored by them, recognizing that the only thing that has come to their hand has been their rage, which out of great anger and hostility, they get infuriated by their own follies, the folly of their own utterances, which is replete with sin, accusation and wickedness, and which causes sin upon sin, may they never come into God's own righteousness, and in the end, when their anger abates, and in the intemperance of their hearts, that [see that] they were not within their proper boundaries [of behavior], and they regret the harsh speech that emerged from their mouths, that fell upon all, therefore, we have agreed to institute a special scrutiny, that in the event there should be found any such person that should so distort his lips to utter any malevolent speech of such a kind, his franchise in the Hevra will be taken away from him, and he will have no recourse to make amends, even that he should be willing to eat dirt, beg and plead by prostrating himself hand and foot, but rather will be ejected from the Hevra-Kadisha, regardless of his station,
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    whether great or small, and also a fine will be levied without mercy, in the amount of two Old Thalers, and this will not relieve him of his obligation to pay the rest of what he owes to the Hevra, and for this reason, all living souls, and flesh with a spirit in it, should a man that become filled with seething and roiling, he shall consider himself warned that he should not give free license to his tongue and heart, and not be hasty to utter something that is inappropriate, and if, in the opinion of the Gabbaim, before an assembly of the entire Hevra, such a man shall not be considered removable from the Hevra entirely, until at least, his transgression is atoned for, his position shall be [reduced] to that of a member who is a newcomer, as if he had joined the Hevra on that day, both in connection with duties and [in] eligibility to stand for election, and shall not be appointed as a Gabbai for a three year period, and all the remaining details said about him, except for the fine described above.
  1. Each sitting Senior of the Month, when his monthly rotation is completed, is required to gather all the other Gabbaim of this Hevra, and they have to make a just accounting of all income and expenses that took place during his tenure as a Senior, and everything that is owed to a Gabbai, will be determined on the basis of an accounting, and they are required to immediately give him a note, written out by the Secretary, and they must sign it. And any individual who does not have such a note will not be eligible to receive even so much as one cent from the accounting.
  2. There is a sick evil that we have seen under the sun, and this is the instance where righteous people are taken to burial, and after the cemetery is left, there is no one to comfort or be comforted, and they go to their eternal rest without leaving behind anyone who will concern themselves with setting up a minyan, in which ten men to a quorum will be available to pray during the seven days of mourning. And it is therefore, that the members of the Hevra are responsible to pray in a minyan for all the seven days of the deceased, as described above, and the responsibility falls especially on the Gabbai of the month, to go there with the men who are under his control.
  3. In the question of taking collateral [sic: security] for a burial plot, while the deceased is yet not interred, the permission and the authority is in the hands of the officers and the Gabbaim to estimate according to their perception alone. And the leaders of the community do not have permission to arrogate the right to add or detract, and only as they estimate, that is how it shall be, and the same applies to taking security for a fine from anyone who opens his mouth to speak in a derogatory way on this Hevra Kadisha in general, and from those who impinge upon the dignity of the Gabbaim, even if such an individual is not a member of the Hevra, the leaders of the community have no permission to arrogate to themselves anything in this regard.
    (The fifteenth Amendment is not recorded in this Pinkas)
  4. A proper and correct amendment is that no person shall have permission to institute anything new in the cemetery, whether to put up a headstone, or the fence off a grave site with a picket fence, and things of this sort, without prior permission of the Gabbaim of this Hevra, and he is required to contribute to charity no less than three gold pieces on fencing off any grave, and lo less than an Old Thaler for setting up a grave stone, and for this, members of the Hevra, will be generous in connection with this donation, and have to give at least a Gold Thaler and a measure for the fencing, and four gold pieces for putting up a gravestone, and this should specifically be with the knowledge of the Gabbaim, as described above.
  5. From here to the end of the page, we have allocated space where no member of the Hevra shall sign. Because, we have set this space aside to write some other additional details about the members, that will be required from this time and going forward to amend whatever amendment that will be needed at a given time at the behest of the agreement of the Hevra Kadisha at a full membership meeting.
  6. Today, at the behest of the full membership meeting, an amendment was renewed for this time in the present, that at the elections of every Hol HaMoed Passover, two leaders shall be selected from the membership, those who will be related to all the pronouncements, orders, and behests to all meetings in which the officers and Gabbaim will attend, to all matters large and small, that relate to that Hevra, they shall be called for those purposes as well, and there shall not be anyone among the nominees to the position of Gabbai of this Hevra anyone other than Leaders, and that these Gabbaim shall be Leaders, each in his appointed monthly rotation, and the Heads shall not act in such a leadership capacity at all, and because of this, all matters pertaining to income and expense shall be in the hands of the Gabbaim and not the Heads, and the accounting shall be before them.
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  1. This, and another matter we have seen, and we recollected instances, where if either a man or a woman desires to by for themselves a burial plot while they are still alive, the Heads and the Gabbaim are required to deputize an additional four important people from the membership of the Hevra, and the matter transacted on the basis of their combined understanding.
  2. Haste brings on errors, and what has been written before with the consent of the full assembly, as a new amendment to add and clarify that two additional Heads are needed for all matters large and small, was written in error, that was literally said to be written at the time of the assembly, that the two Heads shall deal with large matters only, referring to the sale of a burial plot while a person was still alive, and the remaining things that ensue from that. Or the taking of security for a large matter, meaning from forty five gold pieces and up, is considered a large matter, however from forty five gold pieces and below and other routine matters that occur in the usual course of events, the Heads have no involvement at all, but only the Officers and the Gabbaim alone will transact all the detail according to their custom from time immemorial, and it is forbidden to diminish their authority in this connection in any way.
All the amendments and explanations in the previous pages are issued by us at a full meeting, and are the words of the undersigned, with felicity, good will, truth and forgiveness of sin.

Done while we were the Gabbaim in righteousness of this Hevra, and it is on our word that everything has ben set on a foundation of gold pillars with the consent of the entire Hevra Kadisha, as described above.

Signed by Naphtali Hertz son to my honored Sir and Father, The Hasid Our Teacher, The Rabbi Elkhanan ז”ל.

Year 5469 (1709)
(24 - 23 ז”ז)

B

Not all periods are equivalent, and therefore, amendments that were passed some time ago in the first days that were good and proper for the times, thorough and suffused with the content needed by that generation of that period, are amended in order that their foundations not be moved or undermined, by everything that has been said below by the people selected from the entire body of the Hevra, which is a doer of good deeds, to make the amendments in the first instance, and the Gabbaim of the Hevra and the remaining ones who belong to the Hevra, made today.

  1. The previous amendments that were enacted on (the date is not clear) by the select [sic: committee] drawn from the entire membership with the respected participation of Our Teacher, the Rabbi Gaon Shmuel Zvi Hirsch, נר”ו, Senior of the Bet Din, and head of the Mesivta of Brisk, are set forth in any event for review at large. And they are , that annually, the nominators shall select one individual in the place who will fill the vacancy among the Gabbaim or the Heads, and his position shall be the equivalent of a Gabbai and Head, with a donation to be made that is set and cannot be canceled without exception.
  2. The nominators shall not appoint a Head of the Hevra unless, he has been married for twelve years, and already has been a Gabbai of the Hevra, or a community leader or a Gabbai of a large charity, or a Dayan, and not for their own sake.
  3. (This amendment reviews a portion at a time, the changes in the amendments of the year 5447, with the promise that says: ‘…and the nominators do not have the permission to appoint two Gabbaim in the Hevra that have never before been Gabbaim in that Hevra, because their authority is limited to appointing only one [such] Gabbai and two at the same time.’).
  4. The Hevra Kadisha is not permitted to admit more than one new member a year, and no more, and they shall be responsible for the admission of this person, and in any event, his donation shall be four Old Thalers, as a special donation, apart from the seven measures that are given by custom.
  5. There is a complete prohibition against the sale of a burial plot during the live of anyone, even if that person is prepared to offer an unusually large sum of money, and no head shall be paid to such an individual, or his desire fulfilled.
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  1. (The amendment gives the Gabbaim the right to allocate Torah honors during the High Holidays in the second Bet HaMedrash).
  2. Official appointed annually are to be immediately inscribed in the Pinkas, as to who are the Principal Leader and the Gabbai, and their place shall not be passed over.
  3. Nominators shall not appoint a Gabbai, excepting that he have been a member for six consecutive years after his admission to the Hevra, and it is not necessary to say, that he should have been married at least six years, even if he was admitted as a member before being married, and this shall be put into the box, and the box will be placed near the Head, with the key to the box in the hands of the Gabbai, and the box shall be the place for safekeeping for things such as [precious] stones, and the key should not, [God] forbid be in the hands of a new Gabbai.
    These amendments were created on the date mentioned previously, and are added to improve and strengthen the previous amendments, mentioned above, and as of this day, the amendments below have been added as well.
  4. The previous amendment that was felt (!), to bolster those who fate had decreed would go to the cemetery, and in order to assure that he does not go unaccompanied, he is obligated to donate six measures during the summer and nine measures in the wintertime, and we have seen that this is a great [financial] burden that comes to being compromised, and consequently we have lightened this burden, and would that it be that these [revised obligations] will stand, in these time when even the farthing strays from the pocket, for all who do not want to go to their rest unaccompanied, he will be required to donate three measures in the summer and the winter donation is the same, and this is especially, if he gives this from his own good will, in a pleasant manner, and if he does not comply promptly, then the Gabbai of the month is obligated to take security in the form of twelve measures, and this will be counted toward the income received by the Senior Gabbai during the month of his service.
  5. The security that will be given for burial funds will not be kept for more than thirty days. And if the refusal shall come from the side of the individual that will not settle up with them, then the Gabbaim are obliged to place the assets of security in the control of a Bet-Din, which should then sanction their sale according to the estimated value that will be established in accordance with the amendment described below.
  6. Regarding the contributions that are referred to in the older amendments, where the Gabbai has permission to take security for them, without the consent of the Heads, up to forty five gold pieces, and in this day, when our multitude of sins that the world returns upon, and the specter of poverty is on the face of the populace, we have eased this matter, such that it is not within the power of the Gabbai to take [such security] without the involvement of the Heads, even up to the amount of thirty pieces of gold, and from thirty gold pieces and up, the involvement of the Heads is mandatory, and even thus, should one Gabbai insist that he wishes to be a part of the decision along with the Heads, because it is my thinking to take more than thirty gold pieces, even if the Heads do not agree to his involvement, they are obligated to hear out this Gabbai, and include him among the Heads in the gathering described previously, and therefore Gabbaim are not permitted to settle with the individual without the participation of the Heads, and at the level of sixty gold pieces and up, the Rabbi of the community in our city is obligated to participate, and his voice is equivalent to that of the Heads.
  7. Should that misfortune, that we hope does not come, befall a member of the Hevra, as described above, and the heirs wish to immediately deliver readily to the hands of the Gabbaim sixty gold pieces, and there are no monies due, the Gabbaim and Heads have no power, as described above, to take any form of security, not even one cent, except insofar as specified above, he is released from all burial fees. However, should all of the Gabbaim and Heads be in agreement to take more than sixty pieces of gold, they are, under such circumstances, obliged to add the Rabbi of the City to their group [for this consideration], and whatever they say, shall then be done. And all that mentioned above, concerning contributions, regarding the participation of the Honored Rabbi נר”ו, involves a specific permission given to the Highly Revered Rabbi, and Bet-Din Senior נר”ו, our Rabbi and Teacher, Nachman נר”ו, among us, who since his early youth had been accepted as a member of the Hevra, and for all his days, his endeavors were truthful, whole, and suffused with charity, and the result of his work was transformed, as it were into a [sweet] fig, from which he, and he alone may derive nourishment, and not for the benefit of any other Rabbi who might succeed him, and would not be permitted to
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    participate in matters of the contributions to this Hevra, as outlined above, and we have taken upon ourselves with threat of excommunication and levies upon us, and those who follow us, [God] forbid, not to permit the inclusion of any other Rabbi to this Hevra, subject to the severity of punishment by many fines, and by removal of eligibility to stand for office of the Gabbaim and Heads, it shall not be mentioned or recalled even, that a Rabbi be admitted to the Hevra, and [God] forbid accepting any Rabbi into the Hevra, under threat of punishment and fine.
  1. (A repetition of the obligation of the sitting monthly Senior Gabbai to render an accounting for his tenure).
  2. For the entire year, the expenditure for distribution of food for any purposes associated with the benefit of the Hevra of the Gabbaim and Heads, shall not exceed one hundred gold pieces, and included in this will be the outlays for Passover and Shemini Atzeret, shall in total be one hundred gold piece, as described above.
  3. Expenditures on the remaining matters within the Hevra, up to forty pieces of gold, regarding what a Gabbai might spend during his monthly turn, will be other that [the funds described] above, subject to the cognizance of one other Gabbai, and from forty pieces on up, the cognizance of yet a third person, a Gabbai or a Head.
  4. (Repetition of the amendment about ineligibility).
  5. All remaining amendments that precede, those that are not superseded by [sic: by contradiction], those amendments remain in force in all respect of their details, specifics and generalities.
  6. The fine for violating the previously referenced amendments, both new and old, excepting cases where the Gabbaim and Heads nullify the charge, where there is no substance to the charge, the fine shall be ten Old Thalers, and the ‘crown of dignity’ shall be taken from the perpetrator, and he shall not have any place for three consecutive years, and no capacity to stand for office this Hevra.
These amendments, and on the following page after this one, were copied word for word, from the body of the amendments, under the eye of the Rabbi, our Teacher, wondrous Gaon, His Honor, Rabbi Shmuel Zvi Hertz, and the Honorable Rabbi, Our Teacher, Uri, and Our Rabbi and Teacher Yusha Heschel of Brod, and the Rabbi, Our Teacher Rabbi Lieber.

In regard to the matter of allocation of honor that the Hevra Kadisha has accorded to me, in associating me with the amendment ‘committee,’ regarding that prior Rabbis, where there was an obligation upon the Gabbaim and the Heads that if they wanted to take more than sixty pieces of gold, to add me to their body, as mentioned on the prior page, I personally, and of my own volition, give up this previously mentioned honor, and the permission rests in the hands of the Gabbaim and the Heads to take sums even in excess of sixty pieces of gold, as was the power and authority in their hands in prior times, and also the limit that they have set as previously mentioned, on the prior page, as to the position of any new Rabbi, which they decreed on the prior page, not to accept him as a member of the Hevra as previously mentioned, and recalled at great length, is in full force and strength, and I lend the force of my arm's strength without holding back to all that has been said on the prior page in that amendment, as if they are the very words of the signer himself.

Today, 18 Iyyar 5476
Signature of the younger Nachman residing in the Community of Zamość

Year 5483 (1732)
(39-38 ז”ז)

C

We have come together to clarify issues of the prior amendments of the Hevra Kadisha, what requires modification in accordance with the times we live in. Also, what needs to be added to the amendments that were enacted in the first days, which provided constraints and boundaries and flexibility given to us by our predecessors to constrain ourselves further, to set up oversight, in order that the foundation on which we stand not be weakened, and we who sign below

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were selected from the entire Hevra Kadisha to be the ‘committee’ to create such amendments, and everything that we will say will and write will become law, and here are the amendments.

  1. In the matter of voting, as mentioned in the prior amendments, that there should be a vote for each individual that is a member of the Hevra, whether of small or large standing, without exception, but we have seen that there are many pitfalls that arise from this, that we are not in a position to document, because it is not appropriate to do so here, and therefore, we have created a boundary and limitation, that a ballot will not be given to anyone who doesn't contribute a sum of at least two Old Thalers annually. Nevertheless, anyone who is among the Seven City Elders, or a Gabbai of a major charity, or a Gabbai of the Hevra, and it goes with out saying, a Leader in the Hevra, or a Dayan, even though he is not derelict in his taxes, and was so derelict [at one time], will be due a ballot just like other members of the Hevra. Only that he will not be able to hold any appointment in the Hevra, in any position, unless he donates the sum as outlined below, and those very people that do not contribute in the amount of two Thalers annually, they too shall not be able to hold any appointed position whether in the Hevra or in the community, and they shall have a restricted ballot, to select one among them by vote, and he will be submitted from this vote to stand in the balloting of the Hevra at large.
  2. With regard to revoked membership, up to three and four [years] and no reinstatement at all, and up to the third year of the sentence, will be treated like the third and fourth year, and this will be viewed as appropriately unqualified for positions in the Association, and canceled members are totally forbidden to vote, and in general from holding any position in the Hevra, even if the members so removed as cited above, were Leaders or Gabbaim, even a Senior Gabbai, and in general, Canceled members also include their associates for one year.
  3. The conduct of the electors are required to take an oath and swear that no amendment will be passed regarding elections and appointments, and after the setting of the appointments, the Heads and the Gabbaim will gather, and also take the oath and swear that they will not pass any amendments that affects them, until the end of their tenure.
  4. The electors are not permitted to appoint a Gabbai or a Head, in this place, anyone who has not made a donation of thirty gold pieces annually, except for Krupki, and the remainder of the contributions, but someone who was a Gabbai or a Head in the Hevra, even if he gives only twenty gold pieces, excepting Krupki as mentioned above, he is permitted to stand for an appointed position. And it is especially important that he have four recommendations, and his own recommendation can be one of them. And he who gives less that twenty pieces of gold, and at the time of the elections wishes to complete his contribution up to the level of twenty gold pieces, or to the level of thirty in order to receive a ballot, or be eligible for appointment, such intent will not be considered helpful to him.
  5. Anyone who has any appointment as one of the Seven City Elders, or a Gabbai of a major charity, is not permitted to hold a position in this Hevra, but a Dayan may hold a position in this Hevra.
  6. (This amendment repeats the prohibition against electing to the position of Gabbai, anyone who has not yet held that position. The current amendment adds that a newly elected Head must also be an esteemed teacher).
  7. The electors are required to elect one Gabbai from outside the City.
  8. The rules governing newly recruited members are outlined below.
  9. The Heads and Gabbaim of this Hevra are not permitted to serve for more than three consecutive years from today on, and what was the case previously, no longer matters. In the case of the Heads, they will have this privilege, that if they obtain three opinions, apart from their own, it is permissible for them to serve even for a fourth year, and if the opinion of all is agreeable, even for a fifth year.
  10. Regarding anyone who wishes to become a member of the Hevra, the Gabbaim and Heads have no right to give him anything in writing, or promise to accept him into the Hevra, one a person who is moved by the heart to be someone who is willing to perform acts of charity, and exerts himself in a straightforward manner and takes initiative to involve
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    himself in the work of the Hevra, for at least two years, and at the end of the two years, if the Heads and the Gabbaim of the Hevra see then, that he is a prominently active individual, and his orientation is Godly, then they have permission to admit him to the Hevra, but in any event, this does not detract from any prior amendments, especially in the matter of [required] contributions, in which he should donate at the very least, four Old [Thalers] and in the matter of a newly inducted member, as explained there, there must be unanimous consent, and one [negative vote] can deter acceptance.
  1. From this day forth, a new person who joins the Hevra, is forbidden to sign up near the top or the middle of the page of signatories, as we have seen with our own eyes, and thereby pushing their signatures into any place that they choose, but rather, the signature of such a person shall be last, under the signatures in their [proper] places, corresponding to his time in the Hevra, and in front of the Hevra as described in previous amendments.
  2. When the period of initial membership draws to a close, and the balloting day is reached, such an individual is not permitted to be nominated for the position of Gabbai or Head, or in any place, until after three elections, in general.
  3. (Confirms the prior amendments regarding the taking of security)
  4. (Confirms the prior amendments regarding fees for burial)
  5. If a manservant or maid falls sick in the home of one of the balebatim, the Shammes does not have permission to accept such a sick person for care in the Hekdesh without the cognizance of the Senior Gabbai sitting for that month, and even the Gabbai does not have permission to order him to accept the patient, until the master of the house provides funds for sustenance for a period of two weeks.
  6. After the Shavuot holiday, the Gabbaim are required to cook up all manner of preserves[10], which they are to have ready at hand, for purposes of ministering to the sick, and this is a specific charity on behalf of the poor, and a boon for the well-to-do, for their financial contribution, and in the event that someone does not have money readily available for this, the responsibility falls on the Gabbai to provide funds out of his own pocket in whatever is the appropriate amount.
  7. The prior amendment regarding monthly accounting is repeated, with the additionn (and should there be income in excess of expenditure, whether from dues, taking of security, the sitting Gabbai is required to turn over the excess to the Gabbai that comes after him, and no note will be passed in the instance if some Gabbai has an unusual debt before him, that is standing, in which case half the excess shall be applied, and the other half will be given to the succeeding Gabbai, and at the end of the year, there shall be a just accounting among them, to determine if any among them have an outstanding financial obligation, they will then determine what is the right thing to do regarding such debt).
  8. (Repeat of the amendments regarding the safekeeping of the Books of the Hevra)
  9. Repeat of the Amendment concerning El Moleh Rakhamim
  10. It is totally forbidden for a Senior Gabbai of the month to permit the setting of a gravestone or a marker without the cognizance of a second Gabbai, and this setting of the stone or marker is to be recorded in the Pinkas.
  11. The Senior Gabbai of the month is not allowed to disburse to any qualified pauper, or any bona fide charity, an amount in excess of two gold pieces, without the cognizance of a second [Gabbai], and for five gold pieces, the cognizance of a third [Gabbai] is required.
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  1. (Repeats the prior amendment concerning the payment of membership dues. The present amendment obligated the Gabbaim to record the inflow of such funds)
  2. We have discovered a deviation which we have chosen to isolate, because we have seen no good in the fact that each and every individual inscribes whatever he pleases on a grave stone, and extols the deceased more than is necessary, and it is certainly not complimentary to the deceased that praise for him exceeds that which is appropriate, and consequently, there is a total prohibition to inscribe anything on a grave stone, without the cognizance of the Heads and the Gabbaim, and they shall record [the inscription] on paper, and in accordance with this record, this will how the stone will be inscribed.
  3. The fee to the Shammes at this time will not be more than gold pieces טו”ב (in the amendment, the fee to the Shammes for standing watch over the deceased is set), and the obligation falls on the Shammes to notify the Senior Gabbai if there is anyone sick within the city, or outside of it, regardless of whether he is rich or poor, and the Shammes is required to visit the cemetery every three days to determine what needs to be done there, and if the Senior Gabbai orders that he attend to some sick person, he is obligated to go, and his fee will be decided by the sitting Senior Gabbai according to time and place.
  4. It is entirely forbidden to offer a blessing for the sick, or to change names[11] in the Bet HaMedrash without the cognizance of the sitting Senior Gabbai.
  5. It is not within the power of any Gabbai to retain control of the pushka[12] for any form of debt, and at the end of his monthly rotation, he is obligated immediately to send the pushka to the Gabbai that succeeds him, and at the end of the year, at the time that elections are held, the Senior Gabbai is obligated to surrender the pushka and the key to the lockbox to the [Head] Elector, and the Elector is to turn them over to the first Gabbai that is elected, and any Gabbai that transgresses and hold onto the pushka to settle a debt, shall be fined two Thalers. And it shall be written in the Pinkas that it shall be entirely and totally prohibited to then give him any position in the Hevra.
  6. There shall be a separate ledger to record each burial plot of each and every individual [in the possession of] the sitting Senior Gabbai.
  7. The matter that has been said and repeated, but not seconded, but must be strengthened further. The Hevra is not to have more than two Heads.
  8. All the prior amendments, from the day of the establishment of the Hevra, which were set down to strengthen the Hevra, especially the amendments that were created by the Rabbi Gaon Our Teacher and Rabbi Zvi Hertz, and four other people that worked with him, are signed off, and are also signed by the Rabbi, and Great Beacon Our Teacher and Rabbi נר”ו, regarding the question of him passing on the honor accorded to him as recalled there, all of these, we affirm, and view with favor, excepting in the case of any amendments that stand in contradiction to those amendments, then it is necessary to follow the most recent, and it is not possible to alter any of these amendments, because everything has been done in accordance with the needs of the time and the place. And that which is recalled in the older amendments, with regard to the four fundamental enactments [already] in the hands of the Gabbaim, to add the sitting Senior Gabbai or other leaders of the community as they desire, to accept a wealthy man of means into the Hevra in accordance with the new amendments, this is the amendment that there should be no more than two Heads of the Hevra
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    according to the new amendment. Therefore it is forbidden not to mention that no person, who is a Head or Leader of the community, shall be added [to the membership] in connection with any issue, large or small, and this shall be only for the Gabbai in concert with the Heads of the Hevra, possessing all power and might and strength in connection with all matters pertaining to the Hevra, simply, that all the power and strength is in their hands to be used against those who speak out critically against the Hevra, to punish them with all manner of punishments and fines, as pleases them. [All this is done] without prior consultation with any Leader or Rabbi, as recorded in the prior amendments. These amendments, in their enumeration and counting, were created over a period of three years, and for so long as they [in turn] are not amended, these amendments shall remain in force, even after three years. For all to see we have come to sign on this day (…) 5483.
Signature David Ben HaGaon HaGadol
Signature Yehoshua a son to my Master and Father Rabbi Joseph
Signature Zvi Hirsch a son to my Master and Father Our Teacher and Rabbi Joseph ז”ל from Krakow
Signature Yitzhak son of Our Teacher and Rabbi Baruch

Protocols for Selecting People to Write Amendments

D

Today is Tuesday, 3 Iyyar 5489, and according to the agreement of the entire membership of the Hevra, at the time of the election meeting, when the time comes for the Honorable Heads, Our Teacher and Rabbi Joseph, and The Honorable Head Our Teacher, Shmuel from Warsaw to vacate [their posts], the Officers and Gabbaim shall be obligated to assemble the Hevra to select members of a ‘committee’ to generate amendments, and to make emendations for the benefit of the Hevra, without any delay whatsoever.

And therefore, today, the hour has come to fulfill what was written down here, as described above, and to select the amendment writes according to the behest of the Hevra, called by the assembly and selected by ballot, and three have been elevated from the balloting as favored for this task: The Honorable and Distinguished Gentleman, His Honor, Our Teacher and Rabbi, R' Moshe Rap, and The Honorable and Distinguished Gentleman the Exalted one Our Teacher and Rabbi Shlomo, the son of Our Honorable Teacher Shimon Deputy to the Kohen, and The Honorable and Distinguished Gentleman son of the Rabbi, R' Eliezer of the deceased Teacher, Rabbi Shmuel Deputy to the Kohen. They selected as amendment writers the following: The Honorable and Distinguished Gentleman, the Honorable Rabbi Our Teacher and Rabbi David, and The Honorable and Distinguished Gentleman the Honorable Head Our Teacher Shmuel Barash, and The Honorable and Distinguished Gentleman as Our Teacher and Rabbi Zvi Hirsch Krakower, and The Honorable and Distinguished Gentleman the Rabbinical Torah Scholar, Our Teacher Avli Katz, and The Honorable and Distinguished Gentleman the exalted, our Teacher and Rabbi Shlomo, son of Our Teacher and Rabbi Shimon Deputy to the Kohen, and all that these amendment writers shall do for the benefit of the Hevra will be so, and nothing shall be allowed to fall on the ground today being the 26 Adar 5491.

And the people creating the amendments shall be diligent in completing all that is required, and they shall not go past the coming Adar II, that approaches us, with goodness, 5491.

Year 5491 (1731)
(44-43 ז”ז)

Those amendments that we have in hand from the year 5491 are almost entirely not legible. We will make an effort to convey the text of whatever there is that can be read.

Recorded under section nine in the donations during the tenure of the Head and Gabbai. The Gabbai cannot serve for more than three consecutive years, and a Head can serve for up to five consecutive years. Accordingly, we have decided to clarify this matter, in order that there be no dispute over this, that the appointment of a Head and a Gabbai shall be of equal duration, and in this regard shall be for only three years, although a special honor has been given to the Rabbi, Out Teacher and Rabbi David, to serve an additional three years from this day on.

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  1. Totally illegible
  2. Recorded under section eighteen, that if, during his tenure, a Gabbai shall have income exceeding expenses, it is his responsibility (…………..), shall fall to the first Gabbai to settle his outstanding debts, in order not to close the door in the face of those who wish to give to charity.
  3. Not legible
  4. We uphold the prior amendment that it is forbidden to the Gabbaim to accept more than one new member annually.
  5. A note on having newly recruited members go around with the pushka during Yizko Services.
  6. The Gabbaim are required to clarify and reconcile their account throughout the year, in such a way that the accounting is crystal clear, in order that the election process not be delayed and come late.
  7. A stake is put in the ground that cannot be removed, an amendment that forbids the sale of a burial plot to any person while he is alive.
  8. Any erasure found in the Pinkas of the Hevra, or anything new found in the Pinkas without the signature of the Gabbaim, stipulating the day and year, shall have no force of valid obligation.
  9. Not legible
  10. The matter of the fee for a burial plot had already been debated, and it was revised in several amendments of this passage, to lighten the amount as explained in the prior amendments, and yet all of this was of no avail to the wise men in the creation of their amendment, because in the case of a number of people, who did not have their desires fulfilled, were complaining in terms that literally were against the Hevra, and therefore, in order to diminish this criticism, we have found yet another way, a way that is the same for all people, should it be the wish of the Gabbaim and the Heads to take [funds] in this amount, and upwards, being, from a member of the HeHevra vra from sixty gold pieces and up, and for someone outside the Hevra, ninety pieces if gold and up, and it is the right of the party in question to select two people from the Hevra Kadisha to add to the [deliberation of the fee] by the Gabbaim and the Heads, and whatever this group has to say that is what will be done.
  11. Not legible
  12. About the roster of the graves in the cemetery
  13. Not legible
  14. On the duties of the Hevra, the responsibility falls to the Senior Gabbai to spend the night with a poor person who is sick, for one night without compensation, and if it is required to spend more time, he will be paid the fee of six measures for a night, and the monies associated with this fee shall be paid by the newly recruited members. We have come here to affix our signatures on the First Day of the Passover Holiday, 5491. (Seemingly referring to Hol HaMoed Passover)
Signature David the Rabbi
Signature ………………….
Signature ………………….
Signature ………………….
Signature ………………….
Signature Shlomo, son of Our Teacher and Rabbi Shimon Deputy to the Kohen

[Page 69]

Year 5500 (1740)
(50 - 49 ז”ז)

E

Today is Sunday, 26 Nissan, and it is recorded with the agreement of the full assembly of all the members of the Hevra to select five [people] by ballot, and these five people will then select five [other] people to develop amendments, and if the five previously mentioned desire to select some individuals from among themselves, they may not pick more than two. Along with three from outside this group, [the following] were elected by ballot, Reb Lieb, Reb Baruch, Reb Chaim, Reb Hirsch, Reb Mendel.

As of this day, we have come to scrutinize the issue of the previous amendments, that had been articulated and approved several times, and currently, we have come to clarify the core as distinct from the incidental non-binding covenants which are sacrosanct, on this Wednesday, Rosh Chodesh Eve of Iyyar 5500.

  1. (A repetition of the prior amendments about visiting the sick, the current amendment especially obligates the newly recruited members to stand watch for the sick).
  2. Since one Mitzvah is capable of causing yet another Mitzvah, so at the time that they shall visit the sick, the responsibility is placed on the Gabbaim to remember the sick, to confess, and to hear his will at his home. And if they wish to hear his will before the Gabbaim and the Heads, that is all to the better. And if they do not wish to hear his will in front of them, the designated parties from the Hevra are required at the very least who the people are to whom the sick person is communicating his will, in order that no error or conflict arises from this process.
  3. If during such a visit, the Gabbaim should see that he is a poor person, and that he required assistance, the sitting Gabbai has authority to provide assistance up to two gold pieces, and from two to four pieces of gold, it shall be with the cognizance of the [other] Gabbaim, and above that, it is required that all this be with the cognizance of the Heads, and should some sick person be taken to the Hekdesh, it is put upon the Gabbaim to oversee his care, and see to all his needs, food and drink, and also with regard to matters of medication, and medical equipment, and if the Gabbaim see that he has need of a physician, such a physician, associated with the Hevra, shall be called by the Gabbai, and sent to do all that he can.
  4. (A repetition of the prior amendments about the preparation of jellies and preserves).
  5. (A repetition of the prior amendments about taking security in lieu of burial fees).
  6. A repetition of the amendments about the extent of discretion and rights of the part of the Gabbaim in setting burial fees.
  7. Regarding the matter of fees for burial, the Gabbaim and Heads will conduct themselves as follows in the instance, God forbid, if a member of the Hevra should pass away, if the individual be a person of middling means, and the heirs come before the Heads and Gabbaim, and wish to pay burial fees in the amount of sixty gold pieces, ready cash immediately, the Gabbaim then have no power to take any security, but if according to the perception of the Heads and the Gabbaim, and to the knowledge of all, they agree that he is a man of wealth, and not of middling means, and they wish to take more, despite all this, they do not have permission to take more than one hundred pieces of gold, ready cash, and in the event that [the heirs] do not wish to pay ready cash, then they can take security, that will have a value equivalent to the amount that is due, and if the heirs want to obtain a specific [contiguous] burial plot for purposes of interring the deceased, and to raise the funds, in this instance, the Gabbaim are obligated to take security up to the amount that is sufficient, apart from the burial fees as specified above, and the same rule will apply whether it applies to a man or a woman, to all members of the Hevra. And when the deceased shall be a man or a woman outside the Hevra, and was a man of middling means, if the heirs wish to pay ninety pieces of gold, ready cash, they do not have to give security, and if to the eye of the Heads and the Gabbaim, he was a man of means, then they shall give one hundred sixty pieces of gold, and should they want to specify a contiguous burial plot, they should work this out with the Gabbaim, and this matter has no limits, except that the Gabbaim are obligated to take a note from the heirs on this matter, apart from the burial fees themselves. All this process is done in this manner, if the deceased was a member of the local community, and has discharged all financial obligation to all rosters, and all members of the community.
[Page 70]
    Therefore, if [the deceased] should be a guest, or even someone who is a member of the local community, but has not paid off all taxes to each roster, and even if is the case that he is in debt, but dies with no sons [sic: heirs], but left behind a blessing or that the heirs live in another city, and none of the heirs live in this sacred congregation, or an unmarried young man or woman that leave behind an estate, such that the man inherits his wife's estate, and had not yet had children with her, this situation has no constraints about it, except by the perception of the Heads and the Gabbaim that were in that time, and who are [in that position] in this day.
  1. And even if the heirs plead before the Heads and the Gabbaim, that the fees mentioned above, from the place described, will be difficult for them, and all are willing to pledge not to deduct from their inheritance five hundred pieces of gold, ready cash, they are not required to give more than thirty pieces of gold, if the deceased is not a member of the Hevra, and outside of the Hevra, and additional fifty percent. And if the heirs have not paid in five hundred gold pieces, and plots have been set aside, then the heirs are obligated to pay half ready cash, and half when the estate is transferred, and there is an additional option in the hands of the heirs, if they wish to designate two additional people to be added to [the assessing group], then the Gabbaim are obligated to select two people from the Hevra that are satisfactory to the heirs, and if there were previously [people] designated from the Hevra, and if they desire to implement what they have said but have it written down, then it shall be so, in order to eliminate any dishonest speech coming from the lips, and in order that this not be contingent on an oath, we have written this amendment for the benefit of heirs, and it is not necessary to say that this applies [equally] if the deceased is a member of the sacred congregation, and pays taxes as described above, in section 7, and none of this has any limit.
  2. And if the heirs be men of bad character, and refuse to comply with any of the conditions cited above, and will stubbornly refuse to put up security, and have no regard for the dignity of the deceased, and the obligation of burial that has been placed upon them, and because of this, it can come to a circumstance of an abandoned body, then a complaint can be brought before the Hevra, under these circumstances, it is forbidden to permit the body to remain unburied according to the faith of our teaching, even if the heirs refuse, and persist in being stubborn, despite all this, it is forbidden to leave the body overnight, all that is required, is the permission of the Gabbaim to dig a grave in a special aisle for his burial, and if some of the inheritance has been set aside, then the designees of the Hevra shall take a lien from the Bet-Din against his estate, and if he has no estate, but the heirs have assets from their father, and do not want to give from them, then the heirs will not be given permission to recite the Kaddish or El Moleh Rakhamim.

F

A text of amendments can be found in the Pinkas, which were institutionalized by the Master of the Zamość Province, Graf Zamoyski (enforced with the force of the approval of our Lord and Great Ruler, the Official Pan Voievodirum, Praised be to Him).

The amendments are, in total, from the first and the amendments aimed at improvements. However, the writer has ordered them according to issues: the amendments pertaining to electing electors are separate from amendments, dealing with Gabbaim and members. The only thing new, is paragraph fifteen, which says the following:

At the time we hold elections, we have accorded a privilege to the Rabbi….. of our congregation…to send via new members and the Shammashim to request the Honorable Rabbi….that he should come….personally, and to remove all the ballots from the ballot box, eve though, it has been previously set forth that he is totally forbidden form participating in the affairs of the Hevra….and because of this, we retain the prior custom to provide an honorarium to the Honorable Rabbi, on the occasion of each Shabbat HaGadol, from the funds of the Hevra, after the sermon, and also on Shabbat Shuva, after the sermon, in the amount of One Old Thaler, ready cash, apart from fish, as is the custom on these two Sabbaths….

(A Yiddish Translation of this last paragraph follows)

[Page 71]

Year 5585 (1825)
(135 - 134 ז”ז)

G

On this day, the ruling heads of this sacred community saw fit to strengthen the amendments that had been set out by the founders, which had not been revised in two years, for purposes of putting a reliable stake into the ground.

  1. The amendment that was put down in this Pinkas, regarding that every individual that is one of the appointed members of the community, is forbidden to be appointed to any position in the Hevra Kadisha, and providers of charity, as cited above, at this time, we have strengthened this amendment, that no individual shall have any say, because in our myriad obligations, the glory of the community has been taken from the Jewish community in this country, and they are to be called Dozorcziks[13] [14], and therefore they have no jurisdiction over the community, as was the case in times gone by. Therefore, along with all of this, they have jurisdiction of the community, and therefore the prior amendment falls on the Dozorcziks, as they are now called, and because of this, let it also be known, that the Dozorcziks do have the jurisdiction of the community before them. It follows from this, that if the nominators should require some connection to facilitate a new appointment, they are required to associate the Dozorcziks to themselves. This should be as it was when they enjoyed the glory of being named leaders of the community.
  2. Nominators shall not delay the election for more than three days.
The following amendments, C and D repeat prior amendments.

Attesting to this, ….the Rabbis, and appointed heads of the Hevra Kadisha Gemilut Hasadim, led by The Rabbi, Bet Din Senior, prepared this day 30 Rosh Chodesh Iyyar 5585.

Signed by Yitzhak ben the Man who was a true Gaon, Our Teacher and Rabbi Joseph Yokhna, today Gelernter
Signed by Abraham Meshullam Ehrlich and other signatories.

(142 'ז)

H

It is now several months that our city has been under siege[15], and because of this the members of the Hevra have been dispersed to the towns surrounding us, and therefore there was not be [the usual] election during the past Hol HaMoed Passover. As explained on the other side of the page, thanks to God, each of the men of our city has returned to his proper place, and we have said to everyone, in order that no single amendment in this Pinkas will be allowed to fall to the ground, we the undersigned, have gathered together, all the members of the Hevra, to carry out an auspicious election according to the amendments, and we have resolved to prepare and amendment that will serve as a stake in the ground, not to be moved forever, that the Shammashim of this Hevra, the First Shammes, and the Second Shammes, are forbidden to accept any burial fees from a deceased person, and only [those funds] that the Hevra [itself] will budget for their use as a weekly stipend, and it is forbidden to the Shammashim to engage in any deception or wrongdoing, to receive burial fees or any proceeds for the boards or burial shrouds or any profit in the world, from those things that are required for this ritual, only the Hevra [itself] may purchase boards, and the other necessities of burial – and this amendment is created with the consent of all the members of the Hevra, with the full force of the [other] amendments that are etched into this Pinkas, and it is forbidden to change it. As witnesses to this, we have come to affix our signatures on the first day of Rosh Chodesh Kislev, 5593, Zamość.

This is followed by 24 amendments

[Page 72]

A Summary of Contents from the Yiddish Texts
Group I
Amendments of the Year 5447 (1787)
A

Amendment

  1. It is agreed to pay the monthly membership dues, of two large measures (groschen), every half year. It is accepted that the Gabbai may levy sanctions against all non-payers, such as: not permitting the setting of candles on Yom Kippur in the synagogue; not being allowed to participate in the election of the Gabbaim – up to [even] expulsion from the Hevra.
  2. The Gabbaim are charged with visiting the sick, and taking an interest in their condition, and they are given the right to deputize the members of the Hevra to accompany them to [visit] the sick. The Gabbaim must hold the Shammes responsible, or hire a guard, who will stand watch over those who are seriously ill. These previously mentioned obligations of the Gabbaim, apply equally whether it is a wealthy or a poor person who is sick, with no distinction made regarding gender.
  3. This amendment institutes a process in connection with dealing with the dead. It says further: It has strongly been established that because there had previously been an amendment not to elect men as Gabbaim, who hold an appointed position in the community, it followed that Gabbaim were appointed from the ranks of the poor, who have no authority. The members did not submit to their authority, and the work became neglected, to the extent that the necessary work was carried out by younger, frivolous people, for whom the Mitzvot play no role, and they do their tasks in a frivolous manner, which is an insult to the dead and living alike. A[nother] reason for why the work is being neglected is, that the Hevra has too many members, to the extent that one tends to rely on the other. Therefore, we have decided, that Gabbaim will only be elected from the ‘upper crust’ of the balebatim, even if they already occupy a position on behalf of the community. They will have a strong hand to institute discipline. Each of the four Gabbaim will be allocated a group of members, who must submit themselves to his command, in the area he supervises. Those who will not make themselves available to do such work without a reason, must pay into the treasury six measures in the summer, and nine measures in the wintertime. Sanctions will also be instituted against any individual who will start an argument, or say inappropriate things about the Hevra, or its members.
  4. Gives the right to the Gabbaim to set the sum of a burial fee for a deceased person of means, from whom a larger sum of money should be taken. In this instance, they may take counsel with the leaders of the community.
  5. F, G speak about the fee for the recitation of El Moleh Rakhamim and a Mi Sheberakh.
  6. Established the second day of Hol HaMoed Passover as Election Day. The balloting is to be carried out in this manner: from the box where the names of all the members are placed, the names of five electors are drawn, who have no family connection with one another, and they appoint the Gabbaim.
  7. Only one Elector, who has not yet held a community position, or previously was not appointed as a Gabbai, may be appointed as a Gabbai.
  8. Sets the salary for the Shammes.
  9. Forbids lending funds of the Hevra.
  10. Decides to remove anyone from the Hevra who had expressed himself in a state of distress, that he regrets having joined the Hevra, as well as fining him for Two Thalers.
  11. Obligated each Gabbai to give a full accounting at the end of his month of duty.
  12. On the issue of conducting prayer services during the Shiva period, in the home of a deceased person with no immediate family.
  13. Concerning the taking of security in advance in place of a burial fee, as well as security for the fine levied against
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    one who speaks out pejoratively against the Hevra, or its Gabbaim; leaders of the community have no right to mix into such an affair.
  1. Sets the fee for a headstone or a fencing around a grave site.
  2. Sets down the election of ‘Elders’ (Heads) in addition to the Gabbaim, from the Hevra, with whom the Gabbaim must take counsel concerning all important questions.
  3. Sets down, that in the event a grave site is sold to someone who is still alive, that the Gabbaim and the ‘Elders’ must take counsel with four additional respected members of the Hevra.
  4. Established the competence of Heads and the Gabbaim in trial proceedings, that the Heads are not to interfere in the business of the Gabbaim, and not constrain their rights to this point.
Year 5469 (1719)
B

The introduction says: ‘Since not all periods of time are equivalent, the prior amendments were appropriate for those better times, and now, when the incomes of the populace are very depressed, the amendments must be aligned with the current circumstances, and for this reason, we establish the following amendments:’

  1. It is established that the Electors will also select a deputy (‘in place’) who can deputize for the prior Gabbai or Head;
  2. C Prohibits the Electors from selecting Hevra-Elders (Heads), people who have not yet served in the capacity of Gabbai, or community leader, or a Dayan. Only one of the four Gabbaim can be selected from the ranks of the newcomers.
  3. It become prohibited to acquire more than one new member a year, who must then pay an initiation fee of 4 Thalers apart from normal dues;
  4. It becomes prohibited to sell a burial plot to anyone who is still alive;
  5. Gives the right to the Gabbaim and the Heads to organize a minyan for Rosh Hashanah and Yom Kippur in the second Bet HaMedrash, and to allocate aliyot to the members of the Hevra without charge.
  6. Requires that election procedures be documented immediately during the election process, every year.
  7. Only a person who has been a member for at least 6 years, and married for at least 6 years, can be a candidate for Gabbai.
  8. According to prior amendments, the member who had personally not taken part in the work to be done at the cemetery, was required to pay 6 measures in the summer and 9 measures in the wintertime. Now, because of the deterioration of the material condition, the fee is reduces to three measures both for summertime and wintertime;
  9. Security, taken by the Gabbaim in lieu of a burial fee, must be sold within 30 days. In the event that no sale is made under the previously documented terms, it is evaluated by a Bet-Din, and then sold [at the assessed value].
  10. Because of the deterioration in the economic circumstances, the rights of the Gabbaim are limited, such that if they wish to take a fee in excess of 30 Gulden, they must consult with the Heads;
  11. An old custom is re-affirmed, not to accept the Rabbi of the city as a member of the Hevra, and also to prohibit him from interfering with the affairs of the Hevra. The present amendments make an exception for the current Rabbi, R'
[Page 74]
    Nachman, who was a member of the Hevra before he became the Rabbi [of the city];
  1. Obligates the departing Gabbai of the Month to give an accounting on the day he turns over his position to the following Gabbai, and to turn over funds to him forthwith, that have been accumulated in the treasury;
  2. Limits the Gabbaim to outlays of no more than 100 Gulden a year for expenses involving festive repasts.
The amendments are signed by the Rabbi of Brisk, Rabbi Zvi-Hirsch and four other members.

Below the signatures to the amendments, there is an addendum by R' Nachman, indicating that he resigns his right to provide counsel, for which the amendments had provided for him by exception.

Afterwards, he writes that no other Rabbi after him should be accepted as a member of the Hevra.

Year 5488 (1732)
C
  1. Seeing as the previous electoral system, by which every one of the members had the right to become selected as an Elector, did not work well, in ways that cannot be written down, we therefore decided that a candidate for Elector can only be a person that pays minimum annual dues of two Thalers. Even those, who have been community leaders, or a Gabbai or a Dayan, and have become impoverished , and cannot pay any dues – and would otherwise be qualified to serve as Electors in the selection of Gabbaim, or be selected as a Gabbai – cannot do so. All those members who cannot pay [the full] two Thalers, together select one spokesperson who represents them as an Elector-Candidate, whose name is put into the lottery together with the dues paying candidates of [greater] means;
  2. [16]Institutes an oath for the Electors and also for the selected Gabbaim and Heads, that they will not overturn the amendments;
  3. Established that only someone who pays an annual fee of 30 Gulden a year can become a Gabbai or a Head, apart from their usual obligation. Former Gabbaim can be re-elected, for a fee of only 20 Gulden, and then only, if they get four out of five votes of the Electors;
  4. Anyone, who holds a position as a community leader, cannot be a Gabbai of the Hevra at the same time.
  5. Heads and Gabbaim cannot continue in their position for more than three years running.
  6. After two years of working with the Hevra, the Gabbaim can approve the acceptance of a candidate as a ‘new member’, after which he is to pay into the treasury the amount cited above, of four Thalers;
  7. The newly accepted member does not have the right to be the first signatory on any document of the Hevra, and can only be the last one
  8. ;
  9. When a servant becomes ill, then the master of the house must pay for two weeks of support in the hospital (Hekdesh); only at that time, does the Gabbai have the right to admit the sick person to the hospital.
  10. During the summertime, the Gabbaim are obligated to prepare jellies and conserves for the sick, which in the wintertime are sold to sick people of means, and for the poor – are given away without charge;
  11. If, in a given month, incomes should exceed expenses, 50 percent of the surplus is then applied to the outstanding deficit of the Gabbai of the prior month.
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  1. It is established that only the Gabbaim have the right to specify the inscription on a gravestone;
  2. It is decided to initiate a book, in which the locations of the burial site of the deceased is recorded by name.
By and large, in the remaining amendments, the prior amendments are repeated. In 5491, the obligation of the Gabbaim of the Hevra to take counsel – with the community leaders, on demanding a larger sum for a burial fee, is eliminated. It is emphasized that now, when the position of ‘Heads’ was established in the Hevra, the Gabbaim no longer need to take counsel with the community, only with the Heads.

Summary of the Protocols for the Selection of an Amendments-Commission
In the Year 1729
D

At the election meeting of 5489 (1729), it is decided that as soon as the Heads return from Warsaw, from the Hevra of R' Joseph Yozl (see Protocol 4. B.), and R' Shmuel (seemingly, who traveled about community affairs), the Gabbaim are charges immediately to call a general meeting, in order to establish an Amendments-Commission, which is to improve the old amendments.

Only two years later, in 5491, did it become possible to implement the previously mentioned decision. Three men are selected, who constituted the totality of the Amendments-Commission.

Amendments of the Years 5491 to 5500 (1731-1740)
E

The first amendments of this group do not bring out any special changes in the management, or the work of the Hevra. A portion of previously passed and specifically improved [amendments] are repeated, such as paying out the prior sitting Gabbaim the entire shortfall out of a month that had a surplus on the side of income.

The highest amount of a burial fee is set at 60 gulden for a Hevra member, and 90 gulden for a non-member, and 160 gulden for someone who is really wealthy. The previously mentioned maximum amount is a restriction on the Gabbaim only in regard to local residents, who pay normal taxes to the local rosters, that is, all forms of taxes. For those who have not paid all manner of [local] taxes, or for someone who has died, but is not a local resident, as well as for the heirs, who are not residents of the city, no maximum sum is imposed as a constraint; the Gabbaim have the right to take what their own judgement suggest [is proper].

In the instance when the Gabbaim demand more than 60 gulden as a burial fee from a local taxpayer who is a member of the Hevra, or more than 90 gulden from a non-member, the heirs have the right to co-opt two members of the Hevra to the Gabbaim and Heads, who must also agree to the level of the burial fee. Those two, who are co-opted, must be from those members who at one time held some position in the Hevra.

The Gabbaim are charged with the responsibility of visiting the sick, to be active in supporting them, and in their presence, have the sick person make known a Last Will and Testament. If the sick person does not want to relay a Last Will and Testament, in the presence of the Gabbaim, the Gabbaim, must at minimum, know who are the people in front of whom the sick person will leave his Last Will and Testament.

The Year 1825
G

Year 1825. Seeing as an absence of order reigned in the Hevra for a number of years, and there were no elections, it was agreed to strengthen the prior amendments.

  1. the amendment, which has been repeated many times, that those who occupy a position in the community, cannot simultaneously hold a position in the Hevra, in order not to admit the idea, that because the leaders of the community had been degraded by the authorities to be called Dozors (see the accompanying page), it also follows, that when the
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    Hevra Electors wish to admit [them] to the Hevra, that the prior amendment is once again in force, also in regards to the Dozors. And it also follows from this, that should the Electors wish to admit a new person as a Gabbai, they must take counsel with the community Dozors as in prior times, when these former people were called ‘The Elders of the Community.’
  1. The Electors do not have the right to hold up their conclusions for more than three days.

H

November 1831. It is now several months that our city has been under siege, and a number of Hevra members are dispersed to surrounding towns, and because of this, annual elections have not been held in the past Passover, therefore – now, when each and every one has returned to their proper place, an agreement is arrived at, to hold elections (the election-protocol was held on 4 Kislev), it is agreed to prohibit the Shammashim from taking money for burying the dead. A weekly stipend is set for the Shammashim, and all expenses that are connected to doing the right thing for the deceased, are channeled through the Hevra.

Footnotes

Except for those used to clarify the translated text, the remaining footnotes are left for the interested reader to investigate in the original Yiddish.

Group II
Election Protocols
The First Recorded Election-Protocol of 1710
[17]
(25 'ז)
A

These are the Heads and the Gabbaim of the Hevra Kadisha of the doers of good deeds that are in service currently in the Year, 5500 (1740)[18]

The Senior Heads, R' David son of the Rabbi Gaon of the community of Brisk, in Lita [sic: Lithuania], יצ”ו[19]
The Head, son of our Rabi & Teacher Yehoshua Briff
The Heads, all of the Gabbaim
The Head, Our Rabbi & Teacher Berish son of Eliezer/Elazar
The Head Our Rabbi & Teacher, Shimon Segal
The Head, Yozef son of the Rabbi and Saintly Grandfather
The Honorable Head, Avraham Zerakh, son of Eliezer/Elazar
In place of them all, according to the new amendment, Or Rabbi & Teacher Mendel son of Eliezer/Elazar all the above having been done in accordance with the rules and regulations, on Thursday, 24 Nisan, 5470 (1710).
Signed by David, son of the Rabbi Gaon of the Sacred Community of Brisk in Lita
and Signed by Yehoshua Heschel son of our Rabbi & Teacher Yehuda, of Blessed Memory from Brod
and Signed by Yehoshua son of my Master and Father R' Joseph Finsh
and Signed by Ary'[eh] Leib son of my Master and Father from Zalkovi
and Signed by ….

[Page 77]

Year 5488 (1728)
(28 'ז)
B

These are the Heads and the Gabbaim of the Hevra-Kadisha, Charitable Doers of Good Deeds that were designated on the third day of Hol HaMoed Passover 5488, by the Electors.

The Heads

The Noble Rabbi, His Honor, Our Teacher David, son of the Gaon, Our Teacher and Rabbi Yehuda Leib, of Blessed Memory

His Honor, our Teacher and Rabbi Itzik son of Our Teacher and Rabbi Baruch Brin, of Blessed Memory (ceded his privilege to the Honorable scholar, the son of Our Teacher and Rabbi Aryeh Leib Kharat, This was in front of the entire Hevra).

The Gabbaim

The Leader, Son of the Rabbi, R' Shmuel Segal
The Leader Son of Our Teacher, Rabbi R' Zvi Hirsch, Sage R' Abraham.[20]
The Leader, Son of Our Teacher, Rabbi R'Yudel Son of Yitzhak/Yaakov/Yosef חרי”ס[21]
The Leader Son of Our Teacher, Rabbi R' Moshe Fuchs (This was done outside of the framework of the amendments. Therefore, according to a ruling, The Honorable Son of Rabbi R'Moshe son of Eliezer/Elazar Fuchs, was appointed from outside the city, as explained in the ruling).

And in place of everyone, in place of the Heads and in place of the Gabbaim, with all respect, what is owed to all of those who were appointed, as cited above, and should they not be in their place, then his place will be taken by the Head, Our Teacher and Rabbi Leib Briff, and they will be subject to a large fine should they transgress any of the things mentioned above (The Honorable Teacher and Rabbi Leib Briff was appointed in a manner outside of the amendments, and therefore this action has no force, as explained in the ruling).

All the honor and improvement of power that had been given to the Honorable R'Shmuel Deputy to the Kohen, from prior years (1), to allocate to him the honor to deal with those exigencies pertaining to the cemetery on a month-to-month basis, now, we the electors at this time, allocate this honor to the Honorable, Rabbi and Teacher Menachem Mendel Braff, who will take his place.

As evidence of our approval, we have come here to affix our signatures on the fourth day of Hol HaMoed Passover 5488.

Signed Joshua Heschel of Brod

(In view of the fact that the election of this period referred to above, took place on erev Yom Tov after midday, and there was not enough time for the electors to consult the recorded amendments in the Pinkas, and to set everything on its proper foundation using the detailed contents of the amendments, firstly, they created two new Gabbaim, which had never been done before, and which is forbidden entirely, and only one new Gabbai can be created at any time, and they continued to violate the amendment, which prohibits them from appointing a Gabbai from outside the city, and thirdly, a person was appointed to a position who was not qualified to hold a position at this time, in view of the fact that he had not completed a full three years of his initial membership, which caused an upsurge [of protest] from the rank and file of the membership, and they were alert to this matter, and consequently, with everyone's agreement, seeing that it was expressly forbidden, entirely, to violate even in the smallest degree, any of the provisions of the amendments, and

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the entire group gave vocal assent that all actions of the electors that went counter to the amendment itself shall be made null and void. The Pinkas has been brought for safekeeping and remembrance on Monday, 25 Nisan 5488.)

Election-Protocols of 5515 (1755)
(63 'ז)
C

To good luck and blessing [here] are the appointed Heads of the Hevra-Kadisha of this year, 5515.

The Heads

The Rabbi R' Abraham HaKohen

The Honorable Distinguished Gentleman Our Teacher and Rabbi Leib Khariv
The Honorable Distinguished Gentleman, Rabbi R' Hirsch Son of the Rabbi Eliezer/Elazar
The Gabbaim, Leaders, the three Gabbaim given in the order they were determined by lots
The Honorable Distinguished Gentleman, Rabbi R' Abram Sage, Rabbi Shammai Braff came out first
The Honorable Distinguished Gentleman, Our Teacher and Rabbi to Israel, Zusman son of R' Briff came out second
The Honorable Distinguished Gentlemen Our Teacher and Rabbi, Yitzhak son of the Honorable Rabbi, and Bet-Din Senior of the Sacred Congregation of Tarnogrod, came out third
The Honorable, Our Teacher and Rabbi Moshe, son of Our Teacher and Rabbi Yitzhak Brook
To take all of their places, the Head, The Honorable Our Teacher and Rabbi R' Hillel son of Our Teacher and Rabbi Yitzhak son of Rabbi [no name implied]
The Gabbaim of the Bet HaMedrash
The Honorable Distinguished Gentleman Our Teacher, Rabbi R' Yirmi Son-in-law of the late Teacher and Rabbi R' Neta בר”בק[22]
The Honorable Distinguished Gentleman, The Sage, Rabbi R' Yudel חר”א[23]
The Honorable Distinguished Gentleman Our Teacher and Rabbi Zvi Hirsch son of The Honorable Distinguished Gentleman Our Teacher and Rabbi Azriel Katz
The Honorable Distinguished Gentleman, Our Teacher, Yudel son of The Honorable Distinguished Gentleman Yudel
All of this was recorded on the day cited, and we have all come here to sign [accordingly].

Addendum in Polish[24]

This is to approve the election of Community authorities, Burial Society and Armor Makers Guild. Taking into account, that new people (without previous experience) were elected, I am ordering that in future no more than one person without previous experience to be elected and he has to pay property tax as do the others. Also, there are not to be elected people related up to the third degree both on father's and mother's side. The elections must follow the rules stated in the 16th paragraph of the Hebrew version, and 18th paragraph of the Polish version, of the Law laid down and signed by His Honor, the Governor of the Lublin Province in the castle of Zamość on April 8th, 1755.

A. Zdienicki

Annulled Elections
(57 'ז)
D

In view of the fact that in the elections of Hol HaMoed Passover of this year 5509 (1749), the electors went outside of the constraints and boundaries of the amendments etched on the board of the Pinkas,, there was an abrupt move from our leader, the acting officer in charge, who exercised his power and because of this, the election was nullified and the actions of the initial electors, and hereby today, to good fortune, a new election, today being Tuesday, 22 Tammuz 5509 (1759) [Year is erroneously reported as 1759. The Hebrew date cited was 1749. – JSB].

[Page 79]

(60 'ז)

The election-protocol of 5719 (1759) ends with the following words:

Everything said above, was done and concluded in accordance with the rules and tradition in accordance with the new and old amendments, and with the concurrence of the electors, excepting that should it be found that any of them is required to complete paying his dues, then he must pay, and as an amendment, we have come here to affix our signatures.

The following addendum is found under this protocol:

Poniewaz te Elekcya uczynili preciwko porzadku, wiec z Wladzy Jurisdykcyi Zamkowcy ta sie annihiluie. Datta zb. Apr. 1759[25]

A. Kochowsky

141 'ז)
E

With the Help of the Almighty,

Because of our many sins, the condition of our city has been torn down, and we are under siege, therefore it has not been possible for the Hevra-Kadisha to have its elections on time, during Hol HaMoed Passover, in accordance with the amendments. However, we will complete this with the awareness of all the members of the Hevra-Kadisha who have remained here. We are to cast lots at this time to select two Gabbaim, and two heads, and a Treasurer until the Lord shall cause the current circumstances to end in the favor of our city, and all men will return to their places. In order that all the members of the Hevra not delay in assembling, during the month following the they in which they return, they shall have an election, and appointments in accordance with the amendments set out in this Pinkas. For the time being, from the lottery.

Gabbaim Heads Treasurer
Rabbi M' Aharon Zelik Krein R' Nehemiah Netel Kharash R' Fishl Herr
Rabbi M' Zvi Hirsch Klorfeld New R' Netta  

Also, in view of our many sins, there were bad diseases in this period, and many people became sick in body. Therefore, it has been concluded with the awareness of all the members of the Hevra-Kadisha who are found here, to remove the Shammes, R' Anshel from his position. And we have received Shlomo son of the late Mordechai ז”ל, who will take his place, until the Lord will have mercy on us, and all the people of the Hevra-Kadisha who are now dispersed among the towns in our vicinity, return, or then they shall do according to their will.

All this has been done and concluded with the consent of all the members of the Hevra that are to be found here. 25 Nisan 5581, here in Zamość.[26]

Other Footnotes
Group III
Members Accepted Out of the Normal Amendment Procedures
(36 'ז)
A

Despite the fact that according to the previous amendment, as explained in the open Pinkas for all to see, that there is a total prohibition to admit more than one [new member] to the Hevra each year, there has come to hand a proactive

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mitzvah created by the times, and the hour demanded it, with the instance before us that we require the purchase of accessories that run into hundreds – and we have gathered to us all the members of the Hevra, and we have admitted a number of people to the Hevra. And every one of them advanced their initiation fees – and because of this we have taken upon ourselves a total prohibition against admitting any new people to the Hevra – and in connection with the constraint that our forefathers set out for us, not to sell to any person a burial plot while he was still alive. Because of the intensity of the request that he made, the venerable and feeble M' Shmuel Briti, to sell him a burial plot – we could not turn him away empty-handed. – And he paid two Adumim to take possession of a burial plot as previously mentions. – Entered into the Pinkas on Tuesday, The fourth day of Hol HaMoed Passover 5488 (1728).

(10 'ז)
B

The Honorable Teacher and Rabbi, Shemaya asked of us in the Hevra Kadisha and Charitable Works, to admit his son, as Mr. Judah Leib to the previously mention Hevra, even though it is against the amendment that was anticipated by the Honorable Rabbi, our Teacher Itzik Brook, with all that the previously mention young boy came out of prison, as was known to all the membership, and was trained in ‘magic,’ and accordingly we accepted him as a new member as a young boy – and he had advanced his initiation fee in accordance with the amendment.

Today is Monday, The Last Day of Passover (Akharon), 5506 (1746).

Shmarya Shmaya

(17 'ז)
C

Everyone is cherished, and everyone is clear regarding the sacred duty of the new member.

Seeing as new young members are being admitted into the Hevra, we have missed out on a great mitzvah, and for this purpose, we have put in greater obligation into the amendment, that from this day forward, that the amendment remains firmly anchored in place, that no added members will be admitted, except according to the amendment, and the admission of favored children.

– (there follow 13 names of the children of prominent people) ---

As witnesses, we have come to affix our signatures. Today ----- the Year 5544.

Group IV
Various Conditions for Accepting Members
(28 'ז)
A

Our cherished and respected Rabbi, R' Dov Ber son of Our Teacher and Rabbi Zvi Hirsch, the physician, has come before us several times, knocking at our door, and the officers and Gabbaim in concert with the honored officers who are Heads of the Hevra Kadisha, in reception of his words, that it was his will to serve for free, without any compensation at all, in connection with any calamity, may it not arise, that in the event there shall be any sick man, or sick woman who do not have the means to pay for a physician, and if he wishes to attend, doing all that is required, with God's help, free of charge, certainly then, his intent is to do this in the Name of Heaven, in that he wants no compensation, and no appointment in the world within the Hevra Kadisha, and therefore, in this connection we have nodded in assent, and we have eased the amendment that is recorded in our Pinkas, and we have accepted the Honorable R' Dov Ber, previously mentioned, to be one of the members of the Hevra Kadisha, with all privileges except, in accordance with his own word, not to participate in any election or accept any position within our Hevra, and in consideration of the fact that his intentions are in the Name of Heaven, we have come here to affix our signatures on Thursday, 5 Kislev 5488.

(28 'ז)
B

The Honorable and exalted Head, prominent broker, Our Rabbi and Teacher Yudel son of the late Honorable Rabbi and Our Teacher Joseph Yudel came before us, the selected committee of the amendments – and asked for his young son to be admitted as Joseph Yudel into the Hevra Kadisha, before the institution of the new amendments on condition that it be done prior to the implementation of the constraint in connection with the acceptance of children into the Hevra, and he advanced the initiation fee in a handsome amount. – Today is Monday, 5 Iyyar 5500.

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A Short Introduction from the Protocols
III
A

Year 1718. The protocol firmly establishes the fact that the amendment not to admit more than one member a year has not been observed, but rather that special members were admitted for a fee of several hundred gulden, and because of this the Gabbaim, with the agreement of several respected members of the Hevra, decided to take several new members, and each paid a specific amount in advance.

The protocol stresses, that not having looked at the exception thus made – that the old amendment remains in full force. It says further, that not looking at the prior decision, grave sites would not be sold to a living person – an exception was being made for R' Shmuel who pays two Red Gulden.

B

Year 1746. An exception is made for the child, who was released from prison, to admit him into the Hevra, out of the normal process, because his father had previously paid the required fee.

C

Year 1784. The protocol firmly establishes, that since it was necessary to provide funds for an important matter, the Hevra decided to admit a whole row of children from wealthy families.

The old amendment about not admitting more than one member per year – remains in force.

A Short Introduction from the Protocols
IV
A

Year 1728. Under the direction of Dov Ber the physician, who knocks at the doors of the Gabbaim, and proposes to serve the poor who are sick, at no charge, it is decided to relax the amendments in his case, and to accept him as a member of the Hevra. However, it is discussed with him, that he will keep his word, and not seek voting privileges, and also no position in the Hevra.

B

Year 1740. The magnate, R' Yudel approached those who were called upon to devise new amendments for the Hevra, and put a demand in front of them, to accept his young son in the Hevra, after new amendments were approved. But, from the outset, he speaks out that his request is that a specific limitation should be established regarding the matter of accepting children in the Hevra. It is further said that he had, in advance, paid in the initiation fee, which was a sizeable sum.

Group V
Recording of Children

Text
A

My hand is heavy on my sighs regarding the misfortune of sons that I was not fortunate to raise, and I called in God's name, and it was for this boy that I prayed, my only son, Eliezer, who cleaves to my side, and may this little Eliezer become great, like R' Eliezer, the great Torah sage, a doer of good deeds, and even while he is yet young of age and delicate in years, and has not yet attained the age of education, I admit him to the mitzvah of this Hevra Kadisha, and of him may this event cause it to be said that ‘fortunate is the man who fears God and in his Mitzvot, let him desire God's teachings and Mitzvot for all of his days, and may that be for a long life, good years full of comfort’. And his father affixes his signature. Today is the fourth day of Hol HaMoed Passover, 5460 (1700).

Eliezer son of R' Shmuel Segal

B

The distinguished wife of the exalted leader Our leader, R' Yehoshua Heschel ben Yerukham, in her womanly wisdom, had built a place for them in the cemetery, and it occurred to the two of them to do well before the Lord, and wish to

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admit their two sons, the first is the young, clever and important boy, Mr. Shlomo, and the second, Asher Adin Mottel Berisa, may they both grow to embrace God's teachings, mitzvot and good deeds, Yerukham was called, may he live, that both shall be called members of the Hevra Kadisha, for the length of their days, for years to come, and in consideration for this, they have committed themselves to build a portal gate at the entrance to the cemetery at their own expense, and the status of all of their sons from the time that they become married will be as initiate members for a period of three years, and after that they can participate in voting, and all things that pertain to all members of the Hevra, and from this day forward, they are inscribed and sealed into the Hevra, just like any other individual who buys a membership in this Hevra, and this is a general rule, and all of its details, and this is said before God, and I affix my signature before God.

Shlomo son of Our Leader, R' Yehoshua Heschel

A Short Introduction from the Texts
V
A

Year 1704. A father bemoans the fact that his children are dying. Because of this, he decides to enroll his only child, Eliezer, in the Hevra.

B

Year 1705. At the proposal of the wife, with the consent of the husband, two children are enrolled, one of which is still in the cradle. The parents assume the obligation of building a vestibule at the cemetery.

Group VI
Expelled and Fined Members
Text (p. 6)
A

Today is Wednesday, 7 Iyyar 5500 (1740), and the Honorable Zvi Hirsch, mentioned above, requested of us that we return the previously mentioned Torah Scroll to him, that he had donated on behalf of his son, in view of the fact that his means had declined, and he has no means of sustenance. And therefore, we complied with his wishes, and we turned over the Torah Scroll to him, and his son was expelled from the Hevra, and he no longer has any privileges in the Hevra, and should he subsequently desire to rejoin the Hevra, his position will be the same as that of any other new applicant that wants to join the Hevra, and such is the word of the officers, heads and Gabbaim of the Hevra Kadisha.

Signature of Moshe Yehuda son of the Honorable David

(P. 42)
B

I, the undersigned, due to the extenuating circumstances of my income, whereby I cannot even find the money for household expenses, and having reviewed every angle, and having found no solution to the issue of supporting my household, and having requested of the honorable appointees of the Hevra Kadisha, and the Gabbaim, to return to me my initiation fees, that I had given in honor of the Hevra, as previously mentioned, and to substitute any important personage in my place, and to publicly take my place in the Hevra, and my signature will be evidence among the list of signatories of the members of the Hevra, and this signature will be null and void, as if I had never placed it on the list ever before. And should any writing be found with my signature, among the signatures of the appointed leadership, it shall be considered null and void, as a shattered potsherd, and it shall not serve to demand any favor whatsoever on my behalf, because the Hevra Kadisha has already turned over the complete amount of money, as attested by my signature, and I have already received my payout of that money. And also, they have the right to receive whatever person that will be suitable in their view, and adequate to be nominated, and I have herewith come to affix my signature. In the presence of all the appointed leaders of the Hevra Kadisha, and Society of Good Deeds, of my own free will, without coercion, and only with total agreement, today is the First Day of Hol HaMoed Pesach 5500 (1743).[27]

[Page 83]

(P. 27)
C

If the heavens above are to be plumbed, as would the foundations of the earth below, there has not been seen or heard, and there is no recollection, among the ancients or the contemporaries, about the likes of a bad deed and sin that has been committed – – –

The portion of Vayera, 5476 (1716) – – It is not enough that he didn't come to show respect for the Gabbaim – – – And was there anyone more exalted than our Patriarch Abraham, who abased himself before a common person – – – and he didn't so, paying no regard to come to the Gabbaim because of this, it was decided on Shabbat, and on Sunday, when the Gabbaim saw that he had still not come to pay respect, and they reviewed their options, and sent their Shammes to call him and tell him that he should come to them, and he responded with shameful things, which it is not given us to record in writing, and filled his mouth with all manner of strife about the deceased, and in the stubbornness of his heart, as evidenced in this language, even if this lay for a full week, or days and years, and didn't want to say it, and yet he allowed his mouth to be entrapped into uttering this filth – – – and it was for this reason that the Gabbaim gathered the entire membership of the Hevra Kadisha to take note and to reveal this breach of conduct – – – and the first thing that came as an utterance from their mouths, was to erase his name from the page of the Pinkas, and he shall be expelled from the Hevra Kadisha forever, and even after his death, he should pay according to his means – – – measure for measure – – – Today is Tuesday, 22 Heshvan 5476 (1716).

Immediately following this protocol, the following addendum appears:

As it evolved, the ruling described above was completely nullified, in its entirety, and with a sincere heart from the Honorable Officers, Gabbaim, and Heads – – – from this day forward, there shall not be heard any nastiness or shameful remarks in connection with this matter – – – because of the huge fine that was paid to the Hevra.

D

On the same page, a subsequent protocol appears from the year 5472 about a person – – – who shot off his mouth while being out of line – – – against the dignity of the appointed officers of the Hevra Kadisha, and it is decided to record his ugliness in the Pinkas – – until such time as he appears before the honorable officers to appease them, and if he does not come to so appease them, – – – the honorable appointed officials of the Hevra Kadisha are to gather to themselves the honorable officers and heads of the community, and judge him – – – – Today is 20 Kislev, 5472 (1712).

After this protocol, there is an addendum:

– – – And the officers and Gabbaim forgave him that which he did, and he gave a large gift.

Introduction of the Protocols
VI
A

Year 1740. R' Zvi requests that the Hevra return the Torah Scroll, which he donated at the time his son was accepted as a member. He gives the motivation for his request by saying that he has become impoverished, and had no means of sustenance. The Hevra decides to be responsive to his request, however at the same time to expel his child from the Hevra.

B

Year 1743. The undersigned firmly avers, that he has done everything in order to find means by which to support his family, but he now has no other alternative. The Hevra accommodated his request to return his initiation fee, which he had paid in advance to the Hevra. But, simultaneously, he resigned from the membership, and he writes below that nobody forced him to resign.

C

Year 1716. The protocol begins by firmly setting down that such an occurrence had up until that time never been heard of. It can be seen from that introduction, that the matter concerns a specific person, did not present himself to the

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Gabbaim to undertake the burial of a deceased person. To the messenger from the Hevra he says that the corpse can even rot and start to stink – he will not come to the Gabbaim.

At a meeting of the Hevra Kadisha, a decision is taken by the Gabbaim, to expel this resistor from the Hevra, and to erase his name from the Pinkas. The additional inscription recalls that judgement, and informs us that the Hevra levied a fine against that individual, which he will have to pay, in proportion to the act that he committed.

D

The Gabbaim decide in the year 1812 to fine a surly member, who sought to oppose the leadership of the Hevra – unless he apologizes to them. The addenda say that the Gabbaim forgave him and he donated an appropriate gift.

Monies and Revenues of the Hevra
Text (p. 33)
A

For purposes of remembrance, we have recorded that today is Sunday, 25 Iyyar 5481 (1721), we have arrived at an understanding with the exalted officer, head and outstanding Torah scholar, Our Teacher, R' Yitzhak, son of Our Teacher, R' Abraham Afta, respected above all others, at the time of the interment of his son-in-law, the outstanding Rabbi, Out Teacher and Rabbi, Chaim, son of Our Teacher Ovadiah a Tzaddik of Blessed Memory, for the amount of ten red [gulden], and there was an unusual condition that he be free of all other expenses, even in regards to the setting of a gravestone, and it was in this matter that our distinguished personage, as identified above, was amenable that the Hevra Kadisha shall not expend from these burial funds previously mentioned for any reason other than for the purchase of lands that becomes available for sale due to [financial] distress, in order that they be a memorial to his previously mentioned son-in-law, and therefore, under oath and by swearing, we accepted that we would not touch these funds, previously mentioned, for anything except land, as previously mentioned, and even if other heads and Gabbaim succeed us, this prohibition is total, against changing the use of these funds for any other purpose, and because of this we were explicitly clear in explaining before about this land. Even if a time comes that for each and every Gabbai, if in the course of discharging his duty, that expenses exceed income, despite that, they will retain this indebtedness, until another source of income will be developed, and it is therefore forbidden to touch even one cent of this, and we have come here to bear witness to this fact.

David son of the Great Rabbi and Gaon

(P. 71)
B

On this day, the Honorable R' Duber[28] son of the late R' David, of blessed memory, called R' Yeklish by everyone, came before the appointed officers of the Hevra Kadisha and Doers of Good Deeds, and this is the year 5555 (1795), and donated a third of the house that is well-known by its characteristics and appearance, from the right side, being an entrance to the unkosher abattoir of the gentiles, and on the second side, the house of Our Teacher R' David Lunder HaKohen. [This house] had come to him by inheritance from his late brother, The Honorable R' Aryeh Leib, a Tzaddik of Blessed Memory, in view of the fact that he [the deceased] had no issue of his own, and he has so donated, a gift in toto, in all high-minded manner, in accordance with the maxim of our ancient sages, a third [value] of this house, for its entire length and breadth, from its border on the ground to the heavens above, to the Hevra Kadisha and Gemilut Hasadim Society, to be found here in our community, on the basis that he will be held free from paying any burial fees for his brother, the Honorable Aryeh Leib, of blessed memory, as previously mentioned, and also for his little son that remains after him, except for whatever he had already paid to the Hevra Gemilut Hasadim, having at hand a total of one hundred and twenty six Polish Gulden, which he will have to disburse in connection with the wedding contract of the wife of his brother, the Honorable Aryeh Leib, of Blessed Memory, as previously mentioned, and it was expressly discussed completely at the table, that he will have a burial place after he passes away, he should live to one hundred years, in respect of him, without any further monetary requirement, with the understanding that the burial expenses and the setting of a gravestone shall fall on the appointed officials of the Gemilut Hasadim who will be serving at that time,

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and for all the life of the Honorable R' Duber, previously mentioned, the Hevra Kadisha and Gemilut Hasadim Society will derive no material benefit from the one third interest in the previously mentioned house, making no use whatsoever of it, and it is not necessary to add, taking possession of it, or to derive any rental income from the one third of the house, previously mentioned, and placed against this, all repairs to the house, and repurchase, all of this falls upon the Honorable R' Duber, previously mentioned, for his entire life. Only after his death, until one hundred years, then, a final decision will be taken, and a one third interest in the previously mentioned house will be activated…. to the Gemilut Hasadim, and the wife of Out Teacher, R' Duber, previously mentioned, has no power to raise the dowry money for her marriage contract that is due to her from her husband, the previously mentioned R' Duber, from that one third portion of the previously mentioned house, because her husband has set that aside for her from other sources, [the funds] to satisfy the dowry requirements of her marriage contract.

All that has been previously said was accepted by the Honorable R' Duber, previously mentioned, from his own good will, and the appointed officials also accepted for themselves, and their successors, to fulfil everything that has been previously said above, and that it is to be a watch post for generations to come, and the Honorable R' Duber has personally come to sign, along with the distinguished leadership of the appointed officials, who also came to sign this Pinkas, in order that this stand for many days to come, and it is so done and concluded, on Wednesday, 20 Av 5555.

The Junior, Dov Ber Gentzler

It will take effect, as previously mentioned, that in view of the fact that R' Duber does not have the money to provide for the dowry of his father-in-law, and the custom of the leadership of the Hevra Kadisha was to look the other way with favor, and all helpful means will be in place, as previously mentioned, even in the matter of the marriage contract of the wife of R' Dov, previously mentioned, and seeing that it was done according to the rules, the decision on the one third of the house was decided on without alteration, at the Bet Din, 17 Wednesday, Rosh Chodesh Heshvan to the just of heart.

The Junior, Joseph son of the Gaon, Bet Din Senior

Today is the day that the stand was taken as described below, and that everything outlined above has been completely cancelled, and it remains in this respect, in total force….. the house that belongs to R' Duber and his wife …. is entirely subordinated to the Hevra Kadisha and Gemilut Hasadim and Bikkur Kholim, for the sum of one hundred gold pieces. And any time that this amount is not paid, the couple is obligated to give interest to the treasury of the Hevra Kadisha in the amount of five gold pieces annually…

(P. 174)
C

Done at the meeting of the appointed officers before the election of 5558 (1798)

Pursuant to the observation made by ourselves, the Gabbaim, that the benefits accruing from the business belonging to the Hevra that was left to us by the late Rabbi R' Mendel Ber and his spouse, and seeing that there is no income being derived from this for a number of years. Therefore, we have agreed to sell it, and apply the monies from the sale to some sacred purpose. That it should be a remembrance of generations forever – and from these monies, we had a new [Torah] crown made, which is the property of the Hevra, as previously mentioned. Wednesday, 5611 (1851).[29]

(P. 86)
D

On the day that is transcribed, all the members of the local Hevra Kadisha gathered, and we let it be known that there was no issue surviving the deceased woman, Genendel Sapir to be an heir of this previously mentioned woman. Therefore, in accordance with the force of the amendment that is explained in the Pinkas, we took the two (חזנו”ם),[30] that were left behind by her, one in the house of Mr. Novinsky, and the second in the house of Mr. Sardetzky who are well-known for their distress, as explained in the Pinkas, and that it was known that they would belong from this day forward to the local Hevra Kadisha, with no change whatsoever in the world, and no stranger may enter withing the

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boundaries, with all the power of Honorable individual who explained this, on Friday of Matoss, Rosh Chodesh Av 5617 (1557), here in Zamość.

Introduction to the Protocols
VII
A

Year 1721. Yitzhak of Apt pays ten red gulden as a burial fee for his father-in-law, with the condition that this money will be directed towards the purchase of land to enlarge the cemetery. The Hevra agrees that the Gabbaim have no right to access these funds in order to recover their outstanding expenses from this money.

B

Year 1825. R' Yeklish gives away one third of the house, which came to him by way of an inheritance from his brother R' Leib – as burial money for his brother Reb Leib and his child. The Hevra gives R' Yeklish 126 gulden, for him to pay out the marriage contract of the widow of his brother. This agreement is also confirmed through the Rabbi of the city, as a sitting party. (However, it appears that this R' Yeklish did not give away this part of the house in good faith, as it is emphasized in the text), because in three years' time the agreement is cancelled, and R' Yeklish gets this part of the house back again, and obligates himself to pay the Hevra 100 Gulden as burial fees for his deceased brother. Until he pays that 100 Gulden, he has to pay interest to the Hevra Kadisha treasury, in the amount of 5 Gulden a Year.

C

Year 1851. The business that was acquired from the deceased R' Mendel-Ber and his wife produces no income. The Hevra decides to sell it, and to use the money to have a Torah crown made, as a memorial to the deceased.

D

Year 1857. The Hevra decides at a meeting, to confiscate the unclaimed property of the deceased childless woman Genendel Sapir, on the strength of a prior amendment (we have not been able to find any such amendment concerning the property of deceased people who were childless and without heirs).

Group VIII
Help and Loans from the Hevra Kadisha to the Community
Texts (p. 33)
A

We have made note of this as a remembrance on this date, being Monday Rosh Chodesh Sivan 5487 (1727), we voluntarily gave from the charity of our hearts, seeing as we are obligated as the Hevra Kadisha, to donate and have the mikva repaired from the monies of the heirs of the widow of the preaching Rabbi, זצ”ל, in the amount of ninety gold pieces. And it is forbidden to us to change this, because we have accepted under oath not to touch these funds, previously mentioned for anything, and those funds previously mentioned, were given into our hands by the Rabbi, our Teacher, R' David son of the Rabbi, that should always be available at any time that there should arise an immediate financial need. And those occupied with this mitzvah to repair the mikva will give a promissory note to the Rabbi, Our Teacher R' David, previously mentioned.

As witnesses, we have all come here to sign on the day referenced above

(P. 35)
B

We say to the doers of good, may the strength and energy of the members of the Hevra Kadisha continue.

In our congregation, to show respect for the Torah, so that there be a crown upon it, where up to this point, the diadem that had been in the Bet HaMedrash of our congregation, where in the old days when times were good, and provided for a number of such crowns, and in the duress of these times, where we have become severely impoverished, strangers have come and desecrated them, and one of the crowns from among the crowns in our congregation came into alien hands in a sale from hand to hand. And the means of the community were impaired, and they could not find the means to redeem it – – – until the time that the Lord aroused the philanthropic hearts of the Hevra Kadisha – – – and they found the means to buy this crown for the Bet HaMedrash of our community – – – the condition goes on to say further, which crown should be the first one used every Sabbath, and the monies of the mitzvah for the Crown for the Torah

[Page 87]

shall always be sold in the synagogue by the Shammes who sells the matzo, and the buyer will take a half, and the other half will be turned over to the Esteemed Rabbi, Our Teacher David, who has been selected at this time by the Gabbaim of the Hevra Kadisha and the Heads, to be the Treasurer for these funds, that are allocated for the maintenance and repair of the synagogue of our congregation – – – and the congregation does not have the power – – – to control this crown, to either put it up for security, or sell it, God forbid – – –

Is this not according to the words of the officers and heads of the sacred community of Zamość, 21 Adar 5488 (1728)

Signed by Moshe Yehuda Zvi, ben Joseph

We also express and give force, with great strength and might, and with fortitude, and decree with the force of excommunication, obloquy and imprecation, and curse any such person who might think to do something and seize these sacred ornaments that belong to the Hevra, among them the previously mentioned Torah crown, either for purposes of using it as security or selling them, God forbid. Such a person shall be punished severely in the most extreme manner, bitterly, and be fined, and no excommunication shall be lifted, regardless of who this person shall be, either from within, or outside the Hevra, and his transgression is not to be erased, but shall be remembered against him, for as long as he stands, both him, his sons, and the sons of his sons, and there will be no just person to say that such a person is from the Hevra, that his name be erased from the Pinkas of the Hevra, and when he dies, the members of the Hevra will not deal with him, and it is also agreed by all of us, that all of the ornaments of the Hevra will be placed under the hand and the purview of the Esteemed Rabbi David, son of Rabbi, and this is entered in the Pinkas to be remembered, on the fourth day of Hol HaMoed Passover 5488.

(P. 50)
C

We record here, for generations to come after us, in order that they know R' Yitzhak of Jozefów, in passing (– –) and paid in the sum of monies for his burial for a great need, or to building of a synagogue which was in need of repair. And it appears, and at the time that (– –) to provide support for the community treasury, and to quiet the outcry of the burden of making donations, and in order to lighten the burden of the poor among our people (– –) and therefore with the agreement of the appointed officers, we have given the monied previously mentioned in the amount of eight hundred Polish gold pieces, from those monies. And in consideration for this (– –) the community [sic: pledged] the income from the winter house that is between the bath house and the abattoir (– – – – )

And all this has been done by seven of the good men of the city, and the appointed leaders of the Hevra Kadisha, and to this end, we have come to affix our signatures Iyyar, 5542 (1782).

D

We record for purposes of remembering that we have received below, the signature from the local Hevra Kadisha Gemilut Hasadim, the amount of ten red gulden, Rendlich Holland, for a very important purpose, and we, the undersigned take responsibility, to repay this previously mentioned amount, when the Hevra Kadisha requires it for a specified need. [For] the local cemetery, from the community treasury, without complaint, or any remarks in the world, and it is explicitly stated that we have pledged for this, all the local sacred ornaments to cover this obligation. All that is previously mentioned, we have come to bear witness, and affix our signatures, on Sunday, 2 Iyyar 5550 (1790).

Signed Yekhiel son-in-law of R' Mendel Segal HaKohen, The Junior Yehoshua Harenstein, The Junior, Hirsch Kahanna.

And this is Thursday, 26 Iyyar, the officers and community disbursed ten red gulden as previously mentioned, for a very important purpose, and from this point forward, they have no complaints.

Signed by the appointed officers of the Hevra Kadisha

E

Today we have become aware of a community need, and we have seen something requiring great correction, that the oven in the bath house has collapsed on the foundation – – – and there is no money available with the officers and the esteemed Gabbaim of the Hevra Kadisha, and we have gathered, the appointed officers of the Hevra Kadisha, with the honorable officers and heads of the community and the leaders of the community, and we have come to an agreement to lend the total sum of seventy five Polish gold pieces, in the hands of our esteemed leader – – – – that remains as

[Page 88]

having been left by the late lady – – –, in accordance with the remaining property of the late R' M[?].[31] six per hundred per year, and we have obligated those who will come after us that if at any time there will be a need to repair the sacred synagogue, and the women's gallery, the general community is responsible to pay the principal and interest either from the community treasury, or the account of the appointed officers of the local Gemilut Hasadim – – Today is Tuesday, 5 Av of this year, 5555 (1795) here in Zamość

A Short Introduction to the Protocols
VIII
A

Year 1727. The Hevra obligates itself to provide funds for the repair of the mikva in the amount of 90 gulden from the funds they received from the heirs of the widow…

B

Year 1728. Because the community has become impoverished, and had to sell or pledge a Torah crown (it seems that one such crown had fallen into non-Jewish hands), – the Hevra Kadisha decides to buy it back. At the same time, the Hevra puts into excommunication anyone who would move to sell or pledge anything from the sacred ornaments that belong to the Hevra.

C

Year 1782. The Hevra assists the community treasury with 800 Polish gulden – from the funds that the Hevra took as burial fees from Yitzhak of Jozefów who was traveling through, in order to lighten the burden on poor taxpayers, on whom the community had levied heavy taxes and as a result elicited a strong protest against them. For this assistance, the community obligates itself to pay the Hevra the income from a house.

D

Year 1790. The community borrows 10 Holland Rendlich from the Hevra, and pledges sacred ornaments to the Hevra. The community assumes the obligation of paying the debt when the Hevra will repair the entranceway to the cemetery. – The community paid back the debt several weeks later.

E

Year 1795. It was necessary to effect repairs at the mikva. However, the Hevra Kadisha did not have available funds for this. After a collective counseling of the community and the leaders of the Hevra, it was decided to borrow money for this repair from the funds left by a deceased woman that was left to effect repairs of the synagogue. The Hevra and the community assume the obligation to pay the debt with interest.

Group IX
Protocols Regarding the Established Hevra of ”Visitors”

Texts (p. 111)
A

An agreement was reached by all the members of the Hevra to create a standing amendment, that from this day forward, as recorded below, Hevra the Hevra of Visitors and Gemilut Hasadim is prohibited from taking more from any deceased person, God preserve us, than six Polish gulden.

– However, the discretion is in the hands of the Gabbaim of the Hevra Kadisha and Gemilut Hasadim to agree with the membership of the Hevra to take up to thirty gold pieces, but no more – even if there is an agreement between the Gabbaim of the Hevra Kadisha and all the members of the Hevra Kadisha, to support this amendment, and the Gabbaim have come to sign the Pinkas – in Zamość, fourth day of Hol HaMoed Passover 5607 (1847).

B

On today, as indicated below, at a gathering of the Gabbaim of the Hevra Kadisha, with the agreement of the Rabbi of the city, the Bet-Din senior, and the concurrence of the Gabbaim of the Hevra Kadisha, it was agreed with everyone

[Page 89]

that the local Hevra of Visitors and Pallbearers, of our community, they have permission to form a community to pray in a shtibl….in order that the members of this group shall all be together and have cognizance of the affairs of the Hevra, for the good of the people of our city, and the Hevra of Visitors assumed the burden of these amendments.

  1. The membership of the Hevra of Visitors are required annually, each year, to make a donation of fifteen rubles to the Great Synagogue of our community.
  2. (Regarding the provision of candles for the Bet HaMedrash).
  3. The previously mentioned Hevra is responsible to provide one hundred overnight watches at the local hospital during the year … without any compensation….this is apart from any such overnight visitations that is requires of every person in the city as part of his responsibility.
  4. They are not allowed to take any more than ten percent of what the Hevra Kadisha is supposed to receive….
    For example if the Hevra Kadisha is to receive one hundred gold pieces, they may not have more than ten gold pieces…
  5. They may not bring in a cantor here from another place.
  6. Every member of the Hevra of Visitors is required to go and spend the night, in accordance with the written instructions that are sent to him by the Gabbaim of the Hevra of Visitors, and in the instance that he is unable to do this himself, he is obligated to pay one gold piece for one overnight watch….
  7. On Rosh Chodesh, Yom Kippur and on Festival Holidays, if the members of the Hevra Kadisha have need to gather whether in public in the shtibl, or to gather in order to clarify matters pertaining to the city, whether on a weekday, or on the Sabbath, the Hevra of Visitors are required to attend to meeting at the shtibl….
All these amendments were done with the cognizance of the local Rabbi of the City, of our community, with the concurrence of the Gabbaim of the Hevra Kadisha, and the agreement of the members of the Hevra of Visitors…

To witness this, the Gabbaim have come here, the mediators from the Hevra of the Visitors, and the members of the Hevra of Visitors, to fulfil all the amendments recorded above.

Published on Wednesday, 22 Shevat 5626 (1866)
Signatures: Five from the Hevra Kadisha Gabbaim
and Twenty from the Hevra of Visitors

C

With the concurrence of the Rabbi Gaon, may he live for long days, the local Bet-Din Senior, and with the concurrence of the Heads of the group and the Gabbaim of the Hevra Kadisha, we the undersigned, affirm yet again the amendments that are explained above. That it is forbidden for the members of the local Hevra of Visitors and Gemilut Hasadim to receive from any decedent, God protect us, a sum greater than ten percent of what the Hevra Kadisha will take. And it is completely prohibited for them to take any monies for themselves, but only can be taken by the officers and the Gabbaim of the Hevra Kadisha. And when they receive the money, they will then give the Hevra of the Visitors their share.

As witnesses, we have signed our names, Zamość, fourth day of Hol HaMoed Passover, 5628 (1868).

Signatures:

A Short Synopsis of the Protocols
IX
The First Protocol

1. Written in 1847, limits the rights of the newly-established Hevra of ‘Visitors,’ to not taking more than six gulden for their work in connection with a deceased person. The Gabbaim of the Hevra-Kadisha have the right to permit them to take up to thirty gulden.

In the year 1866, a fresh agreement is created between the Hevra Kadisha and the Hevra of ‘Visitors’ under the oversight of the Rabbi of the city. Various financial obligations are levied against the Hevra of the ‘Visitors,’ such as candles for the Bet HaMedrash, an annual payment of 15 rubles. In this process, their rights are limited to take no more than 10 percent for the burial of the deceased, of the sum taken by the Hevra Kadisha. Two years later, the right of the Hevra of ‘Visitors’ to take that 10 percent for a deceased person is taken away, and they must obtain that sum through the Gabbaim of the Hevra Kadisha.

(Author's added Footnotes)

[Page 90]

Group X
Accounting Protocols and Donor Lists

Texts (p. 90-93)

This was the day that we hoped for, which the repairers of the House of God began to make whole that which had been damaged from many days of warring… the mediators clarified….the Honorable R' Shmuel our Teacher, son of the late R' Meir ז”ל, our Teacher, and the Esteemed Sage, the Grandee Our Teacher R' Tevel, together with the renown sage, Our Teacher, R' Yitzhak the Bet-Din Senior of Dubenki, in whose hands the work will be prepared… and you should not think that they are doing this work on faith, but once it was complete… the activists previously mentioned clarified the fact, embroidering it on a cloth, and wrote with a sharp pen, all of the donations, expenses to all the volunteers called out by name, and they shall live, because this precious donation came from the treasury of the Hevra Kadisha and Gemilut Hasadim, and to this effect, we have inscribed this accounting into the Pinkas of the Hevra.

And the work will begin on Rosh Chodesh Tammuz 5543 (1783), and the work is to be completed…on Rosh Chodesh Kislev 5544 (1784).

Monies left behind, by the Honorable Sage, the late Grandee, Our Teacher, R' Yitzhak from the sacred community of Jozefów, who passed away here, and the appointed officials of the Hevra Kadisha have allocated, is a sum of one thousand ten gold Polish gulden.

Burial funds from the Honorable late Wolf Marsha (Morsha?), which has been under the hand of the Sage, and Grandee Zvi Hirsch, for purposes of major repairs, in the amount of two hundred forty-seven Polish gulden, may the glory of the king be raised.

Rent from the shtibl that belongs to the Hevra Kadisha, sixteen gold pieces.

Gabbai of the Month R' Shmuel twenty three gold pieces

From the previously mentioned Hevra, a total of one thousand two hundred ninety-six gold pieces.

From the treasury of the officers of the community, one hundred eighty-two gold pieces.

Additionally they paid for brick in the amount of seventy-two gold pieces.

Other… by the officers of the community, a sum of one hundred fifty-four gold pieces.

From the Israel fund, under the hand of the Sage, Sender בר”שס, with the direction of the officers of the community, a sum of eighteen gold pieces, and also what was sold to R' Berel for the right to be called to the third aliyah in the small synagogue of the elder Nathan, for the sum of thirty gold pieces.

The grand total by the officers of the community was four hundred fifty-seven gold pieces.

Contributions

From the Rabbi, Bet-Din Senior, thirty pieces of gold
From the Rabbi of Dubenki, Our Teacher, R' Yitzhak, eight pieces of gold
Son-in-law of R' Leibl, seven pieces of gold
Servants of R' Hirsch, seventeen pieces of gold
R' Elijah בר”ם seventeen pieces of gold
R' Tuvia ב”ה one hundred seventy pieces of gold
R' Baruch בר”ל two pieces of gold
Wife of R' Yudel the Tailor, two pieces of gold
R' Manli Katz, one hundred three pieces of gold
R' Abraham Tzelzitzer, one piece of gold
From the wife of R' Hillel, eighteen pieces of gold
R' Abraham Itzik, son-in-law of R' Moshe, 4 pieces of gold
R' Akiva, חר”ם, two pieces of gold
R' Wolf Farber, fifteen gulden
R' Yeshaya בר”פ, two pieces of gold
R' Wolf the goldsmith, two pieces of gold
R' Chaim בר”א Tailor, two pieces of gold
R' Moshe בר”א Tailor, two pieces of gold
Know to the collectors, thirty-four pieces of gold
R' Hirsch Berish, Twenty-one pieces of gold
R' Meir חר”ם a Teacher, eighteen groschen
R' Itzik בר”ד, two gold pieces
R' Yaakov בר”פ, eighteen gold pieces
R' Feivel, seven gold pieces
R' Baruch, a Teacher, one gold piece
From his son-in-law, R' Moshe, eighteen gold pieces
His son, R' Yaakov eighteen gold pieces
R' Hirsch Grabwitzer, ten gold pieces
R' Azriel בר”ם Katz, four gold pieces
R' Shmuel חר”ם, בר”א, two hundred gold pieces
R' Shimon, the Hatmaker, five gold pieces
Widow of R' Wolf Marsha, seven gold pieces
R' Nathan בר”ם Katz, seven gold pieces
Wife of R' Matityahu, one hundred gold pieces
R' Moshe, son of the Rabbi of Lublin, seven gold pieces
Son, R' Berel, seven gold pieces
Daughter Yetta, eighteen gold pieces
R' Azriel Magrovitz, three gold pieces
R' Isaac the Physician, two gold pieces
R' Shmuel בר”שס, four gold pieces
R' Yehoshua, Tailor, ten groschen
R' Leibl Farber, seven gold pieces
R' Itzik חרמ”ץ, two gold pieces
R' Hertz Ber, Teacher, one gold piece
His son, R' Wold Ber, ten gold pieces
A worker at R' Isaac the Tailor, fifteen groschen

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R' David the Tailor, four gold pieces
His son-in-law R' Chaim, seven gold pieces
R' Pinchas ברג”ס, one gold piece
R' Nachmi HaLevi, three gold pieces
R' Nathan חר”ם Zatz, two gold pieces
A worker at R' Nisan the Tailor, eighteen groschen
R' Lieb חר”ה Mafta, eighteen gold pieces
R' Aharon, one gold piece
R' Abraham Groinem, seven gold pieces
R' Joseph Dov, three gold pieces
R' Hertz בר”א, one gold piece
R' Nahum from Janowica, two gold pieces
R' David the Physician, two gold pieces
R' Leib חר”א, three gold pieces
R' Moshe חר”א, a Tailor, seventy-one gold pieces
R' Hirsch Feiness, one gold piece
R' Sender חר”א Mottel, fourteen gold pieces
R' Jonah חר”א, fourteen gold pieces
Rabbi Meuchman, eighteen gold pieces
R' Shimon חר”ה three gold pieces
R' David, a Tailor from outside the city, 3gold pieces
R' Shmuel Physician, four gold pieces
R' Itzik חר”אtwo gold pieces
R' Meir בר”ם, fourteen gold pieces
R' Baruch k”rj son of the Maggid,18 gold pieces
R' Meir Moirkowitz, seven gold pieces
Mekhazek Shedlesk, two gold pieces
R' Itzik בר”ל a Decorator, three gold pieces
R' Sender חר”ה from Zdarin, two gold pieces
R' Mendel Tailor, one gold piece
The woman, Zipporah, wife of R' David Katz, eight gold pieces
R' Joel son of R' Moshe three gold pieces
R' Itzik, בר”ל three gold pieces
R' Itzik a Glazier, eighteen groschen
R' Mikhl the Tailor, four gold pieces
R' Chaim, fifteen groschen
R' Heschel, eleven gold pieces
The woman, Feiga from Gravitz, two gold pieces
R' Isaac the Goldsmith, two gold pieces
R' Moshe Katz, three gold pieces
R' Peretz, חר”א, fourteen gold pieces, apart from what he spent on the repair of the women's synagogue
R' Yossel Malkhvin, two p gold pieces
R' Zalman, two gold pieces
R' Abraham Yiddl, fifteen groschen
R' Zelig the Glazier, ten gold pieces
R' Yisroel חר”א seven gold pieces
The Rabbi of Tomaszow, four gold pieces
R' Gershon from Tarzhemik, two gold pieces
R' Chaim b 'Zdanów, eight gold pieces
R' Hertz חר”ם, Katz two gold pieces
R' Joseph son of the Rabbi of Reinitz, seventeen gold pieces
R' Berish בר”ר twenty groschen
R' Yaakov בר”א from Voslovitz, 170 gold pieces
Reizl, wife of R' Yudel, seven gold pieces
R' Mendel Ber, and R' Bunim, seven gold pieces
R' Yaakov the storekeeper, two gold pieces
Daughter of R' Yudel, eighteen groschen
R' Henoch, בר”א, one gold piece and twenty groschen
R' Mordechai from Ziusmir, 1 gold piece and six groschen
R' Joseph בר”י Teacher, eighteen groschen
R' Shmuel בר”י בר”ם, three gold pieces
R' Berish from Klodz, one gold piece and six groschen
R' Chaim Brick, eighteen groschenv R' Chaim חר”א, fifteen groschenv R' Wolf Grandik, 26 gold pieces
R' Yekli חר”ה, six gold pieces
R' Itzik Riklish, one gold piece
His son, R' Hertz, two gold pieces
R' Moshe the Baker, one gold piecev R' Barki Katz, six gold pieces
R' Moshe, the Baker, one gold piece [duplicate?]
R' Yossel the Tailor fifteen groschen
R' Wolf from the slaughterhouse, three gold pieces
The Rabbi of Nemirov, seven gold pieces
The doctor, R' Moshe, two gold pieces
R' Lejzor בר”א from Vislovitz, seven gold pieces
From the mother of the previous, who left a will before she died, that a donation should be made for synagogue repair on a large scale. One hundred gold pieces
R' Yossel חר”דס, one gold piece
R' Avigdor the Decorator, two gold pieces
R' Itzik ברמ”ר seven gold pieces
R' Wolf Ber חר”י חר”דס, one gold piece and six groschen
R' Mendel חר”ב, three gold pieces
R' Meir Zatz, one gold piece and twenty-six groschen
R' Abraham בר”ם, seven gold pieces
His son-in-law, R' Leib and his son-in-law Pinchas, one gold piece and eighteen groschen
R' Itzik the three gold pieces
R' Leibel Grandik, seven gold pieces
His son R' Shmuel seven gold pieces
His son-in-law Shimshon seven gold pieces
R' Leibel חר”אand his son-in-law, twenty-five groschen
R' Wolf the Baker, three gold pieces
Wife of R' Yeshaya Segal, eighteen groschen
R' Hirsch Riklish, one gold piece
Minyan from Persil, eight gold pieces
R' Itzik from Janowic, one gold piece
R'Ebush & R'Lieb Tailors from Persil, 3 gold pieces
R' Joel חר”א, six gold pieces
R' Mordechai בר”ן, seven gold pieces

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R' Hirsch Ashekanzi, a Teacher and his son, three gold pieces
R' Shmuel בר”ז, Teacher, three gold pieces
R' Arish, two gold pieces
R' Mordechai, פ”ק, eighteen gold pieces
R' Shlomo Dov, six gold pieces
R' Shlomo Zatz, two gold pieces
R' Isaac the Tailor, one gold piece
R' Moshe Yudel, seven gold pieces
R' (….) Seven gold pieces
R' (….) From Krasnobrod, twelve gold pieces
R' Moshe, six gold pieces
R' Itzik the Tailor, one gold piece & 13 groschen
R' (….) The Physician, and his son R' Chaim, fourteen gold pieces
R' Moshe the Shokhet, two gold pieces
R' Wolf from Ozerow, one gold piece
R' Hertz from Brod, twenty-seven gold pieces
R' Yossel the Wagon Driver, one gold piece
R' Abraham Itzik, son-in-law of R' Moshe, two gold pieces
R' Moshe Warug, twenty-three gold pieces
R' Berish the milliner and his assistant, 28 groschen
R' (….) Tailor, one gold piece and fifty-six groschen
R' (….) Two gold pieces
R' Mikhl, two gold pieces
R' Hertz from Guria, twenty-two gold pieces
And his partner, R' Berel, twenty-two gold pieces
R' David בר”ם eighteen groschen
R' Gedalia two gold pieces
R' Abraham בר”ם twelve gold pieces
R' (….) Bet-Din Senior of Brestetsky, 34 gold pieces
His son-in-law, R' Shaul, seven gold pieces
R' David, Tailor בר”ם, two gold pieces
R' Isser בר”ם one gold piece
R' Berish, two gold pieces
R' Moshe חר”ק….. twelve gold pieces
R' Itzik ברה”ב and his son the Rabbi of Szczebrzeszyn, twenty-nine gold pieces
R' Shmuel the Milliner, one gold piece
R' Arush, twenty groschen.

A Short Summary and Comments About the Accounting Protocol
For Carrying Out the Renovation of the Synagogue in the Year 1783

The protocol communicates that the direction of the work was entrusted to the Gabbaim R' Shmuel and R' Tevel, the sun of the Rabbi of Dubenki. The work, which lasted for five month, was not accounted for with them,, because there was trust in them. After the end of the renovation, they presented an accounting of the incomes and expenses. And since the principal funds for the renovation came from the Hevra Kadisha, that is the reason that this accounting is outlined in the Pinkas of the Hevra. From the treasury of the Hevra Kadisha, 1296 gulden flowed into the renovation funding. From the community treasury, 457 gulden. After this, there is a list of the individual contributors.

As can be seen from the list, almost all the Jewish residence of the city took a part in this initiative, down to the very poorest. There are donors who gave 10 groschen, and two together gave eighteen groschen. There are no bachelors in the list, from which we can conclude that all the donors were family men (the few women, that can be counted as donors, are widows, or – under the oversight of their husbands).

In the general total of 186 donors, can be found 33 independent craftsmen (17.7%): Tailors – 14, Doctors – 5, under which there is one person with the title, Doctor, Milliners – 3, Bakers – 2, Decorators – 2, Dyers – 2, Glaziers – 2, Goldsmiths – 2. Servants: Tailors apprentices – 2, milliner's apprentice – 1, wagon drivers – 3; Servants in R' Hirsch, no number given, one Jew who worked in the slaughterhouse, 1 Shokhet and 3 Teachers.

The donations by size, distribute themselves as follows:

Over 100 Gulden 5
Between 25-100 Gulden 25
Between 10-25 Gulden 7
Between 5-10 Gulden 36
Under 5 Gulden 113
Total 186

Footnotes:

  1. The Society for Burial and Charitable Deeds. Return
  2. Although the text does not say so, it is safe to presume that this is in metric units, likely cm. Return
  3. Known commonly as either Hevra Bikkur Kholim, or The Bikkur Kholim Society. Return
  4. A Polish national administrative division, like a district, province, etc. Return
  5. The actual Hebrew lettering bears the insertion of a tiny ‘tzadi’ in the date sequence. This is a common form of wordplay on the date abbreviation. In this case, it is to create the Hebrew word ‘titzmakh’ which means, ‘may it grow,’ as a good-luck sign. Return
  6. Mazepa, Ivan Stepanovich (1644 - 1709), Hetman (leader) of the Cossacks in the Russian Ukraine, who turned against the Russians and joined the Swedes during the Great Northern War (1700-21). Return
  7. A combination halfway house and inn for lodging transients and people who were ill. Return
  8. The bath facility used by observant Jews for purposes of ritual purification. Return
  9. In what follows, reference is made to several forms of money in circulation. It is not always clear what these currencies are. The text refers to ‘gedolim’ in Hebrew, which means ‘large ones.’ The context suggest that this is some coin of the realm that was considered substantive. In a subsequent summary, the author parenthetically refers to the ‘gedolim’ as groschen. Since the grosch was rather the lowest coin in the realm, it is not clear why this term of reference was chosen. I have chosen to simply translate this as a ‘measure.’ Additionally, ‘gold pieces’ are mentioned. It is not clear which gold pieces these are. Finally, the ‘Old Thaler’ is mentioned, which is quite identifiable. Return
  10. The language regarding this process is that of ‘frying,’ because the fruits picked during this early time of the summer, were reduced by frying in a large skillet. The product, a jelly or a jam, was called ‘eingemakhtz’ in Yiddish. It was used to help sweeten the palate of people who were ill, and provide some sugary nourishment. Return
  11. Among the many subterfuges, grounded in superstition, was the process of name changing, to ward off the ‘Evil Eye,’ and the Angel of Death, thought to be lying in wait for an ailing individual. By ‘officially̵ changing a person's name, the thought was that these supernatural malefactors could be ‘thrown off the track’ because they would be unable to find whom they were intending to claim. Return
  12. The alms box, or any such box, kept to receive small coin donations, usually in the foyer of the Bet HaMedrash. Return
  13. Dozor Bozniczy is Polish, for Communal Leadership, or a Va'ad Bet HaKnesset. It consisted of three people, who, jointly with Rabbi, must work out a budget that meets the needs of community. Return
  14. Author's footnote: On January 1, 1822, the [prior apparatus of the] community officially ceased to exist, and the Dozor Bozniczy were designated in its place. Return
  15. Author's footnote: On the October 21, 1831 (at the end of Heshvan), the garrison at Zamość capitulated (being the last one, after Warsaw and Modlin). Return
  16. No reference is made to a section B). There are a number of such ‘skips’ in this section. Return
  17. There is a certain amount of ambiguity in the acronyms given below. In cases of doubt, a most plausible choice is given. In the event that the ambiguity lacks resolution, commentary is provided accordingly. Return
  18. There seems to be an inconsistency of 30 years in the date that is in the title and the date in the text. A reasonable explanation might be, that this information was not formally documented in the Pinkas until 30 years after the fact. Return
  19. This acronym is ambiguous. If it refers to the people in the sentence, then the acronym is ‘Yisrael Tzaddik Ve'Yashar,’ meaning a righteous and straight Israelite. If it refers to the city of Brisk, then the acronym is ‘Yiboneh Tzion Vi'Yrushalayim,’ expressing the hope for the reconstruction of Zion and Jerusalem. Either may be correct. Return
  20. The Hebrew phrase here is ‘Khakham Rabi Avraham.’ It is important to take note that the honorific title of ‘Khakham’ (literally : Wise One) was employed by Sephardic Jews since early medieval times as a way of designating their community spiritual leader. The appearance of this, and similar honorifics using ‘Khakham,’ is further testimony to the enduring character of the Sephardic legacy in Zamość. Return
  21. The Hebrew is left here because of uncertainty regarding the possibility that this is either ‘Khakham’ (a Sage) or Khatan (a son-in-law). Either is plausible in this context. Return
  22. The reference is not clear. It would appear to be a ‘son of’ suffix. Return
  23. Either a ‘khakham,’ or a ‘khatan.’ Return
  24. Translation into English is courtesy of Tomasz Panczyk. Return
  25. Because this election has been done against the order (law), and having the power of jurisdiction I annul it. April 1759, A. Kochowski Return
  26. Author's Footnote: Protocol C. was written in the year 1831. It sets down concretely, that because of the siege of the city (in relation to the battles that took place near Zamość during the Russo-Polish War of 1830-1831) the normal Hol HaMoed Passover elections could not take place at the annual meeting. They agree that temporarily, through a lottery, to select 2 Gabbaim, 2 Heads and 1 Treasurer. Because of the plagues that hold sway (referring to the cholera epidemic, which at that time reigned throughout Europe), those of the remaining members who were left in the city, decided to remove the Shammes, R' Anshel from his post (as a boon). Return
  27. There is likely a misprint in the English date, since this appears to be 1740. Return
  28. The ensuing evidence suggest this may likely be an elision of the name Dov Ber. Return
  29. The difference of some fifty years in these two dates is not made clear. Return
  30. The author expresses his own ignorance of the abbreviation given here. The context suggests something of value that may have been used to decorate a house. Return
  31. Author's footnote: the payment of interest for the use of money, which has been designated for appropriate purposes, was an accepted fact in those times, when taking a percentage was very normal practice among Jewish creditors (Yoreh Deyah, sign 160, י”ח, ס”ק, see that reference, “Havat Da'at.” Return

 

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