Hacham Haim Kadir Matzliach Mazouz

26 Cheshvan 5672 - 21 Tevet 5731      

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Hacham Haim Kadir Matzliach Mazouz

A Short Tribute

Hacham Haim Kadir Matzliach Mazouz, son of Rachel and Raphael, was born in 1911 in Aryana, Tunis. He first learned Torah from his father and from Hacham Yehuda Hajaj. In 1922, he move with his family to Djerba, where he continued his studies with Hacham Rahamim Hai Hayutah Cohen who was, at the time, a young teacher who taught children.

In 1929, Hacham Haim Kadir Matzliach Mazouz married his cousin and the couple moved to Tunis, where he served as Rosh Yeshiva at Chevrat HaTalmud. His father supported him financially to enable him to study Torah, but he also worked as a watchmaker and broker.

In 1947 Hacham Haim Kadir Matzliach Mazouz was appointed dayan for financial matters and inheritances at the Djerba Rabbinic Court. Tunisia obtained its independence in 1956 and banned the Jewish Committee, and in 1958 its rabbinic court was also shut down; Hacham Haim Kadir Matzliach Mazouz went on to preside as a judge in the regional court.

In 1961, Hacham Haim Kadir Matzliach Mazouz withdrew from his position in the court because he was asked to work on the Sabbath, and began to divide his time between Torah study and working as a goldsmith.

In 1962, Hacham Haim Kadir Matzliach Mazouz opened the Sephardi Kiseh Rachamim yeshiva and taught there. He took care of all his students' needs himself, and also succeeded in raising money for them and for the yeshiva.

Attacks on the Jews in Tunisia exacerbated after the Six-Day War in 1967. On 21 Tevet, 5731 (1971), Hacham Haim Kadir Matzliach Mazouz, on his way to the morning Shacharit prayer, was shot dead by local anti-Jewish Arabs. Hacham Haim Kadir Matzliach Mazouz was temporarily buried in Tunis and, after forty days, his remains were brought to Jerusalem's Mount of Olives cemetery for burial.

Hacham Haim Kadir Matzliach Mazouz is the author of SHU"T Ish Matzliach, responsa in three volumes. His son, Hacham Meir Mazouz, re-established the Kiseh Rachamim yeshiva in the city of Bnei Brak.

 

A few quotes from the Rabbi on 'Redemption of Israel' in which he rules not to force one's wife to immigrate to Israel, for once they arrive there, the husband will be accountable for her support

A widower villager who married a woman from town less than a year ago came for a ruling. He states that they had made a prenuptial agreement to immigrate to Israel, and made all the necessary arrangements. They had not, for this reason, rented a permanent residence but had stayed at his mother-in-law's, but only temporarily, being on the verge of traveling. So, he demands that his wife immigrate with him to the Land of Israel, or follow him to his town, his village, where he has his work, and if not - that she be considered moredet (a rebellious spouse). The woman states that they had, indeed, spoken of immigrating to the Land of Israel, but that this had not been stipulated in writing in the ketuba  (marriage contract). They had stayed with his mother-in-law temporarily only until they could find housing. This is not the right time to immigrate, and if she now finds it painful and distressing living with him at home, in her birthplace and with her relatives nearby, following him to the Land of Israel would be even worse, since she has no one there to help or support her, and who will guarantee her sustenance and income there… And I immediately said that the women's claims were entirely justified. On the matter of the Land of Israel, as has been already been clarified, in Pitchei Teshuva section 75, paragraph 109, in the names of the adjudicators, one must know (in advance) of a source of sufficient income. Here, deeds are judged on a daily basis. On what the husband said was in their prenuptial agreement, the woman replied accurately, in saying  that it was not stipulated in writing in the ketuba.

Ish Matzliach, Section 1, Vol. 2, Even Ezer, section 9, p. 23 – 24, Zohar Levinski Printing, Tel Aviv, 1974