Two handwritten leaves – documents recording transfer of land ownership – one of them with the handwritten signature of Rebbe Chaim Tirer, author of Be'er Mayim Chaim and Sidduro Shel Shabbat, bequeathing his property in Europe to his sons prior to his immigration to Eretz Israel in the summer of 1813:
· Sale deed, transfer of property to the ownership of the rabbi of Botoshan, Rebbe Chaim son of R. Shlomo Tirer of Czernovitz (Chernivtsi), signed by the seller "Moshe son of Yehuda Leib". Botoshan (Botoșani, Moldavia), Av 15, 1804.
· Gift deed, transferring ownership of the property of R. Chaim Tirer in Botoshan, to his sons, R. Yosef Yaakov and Kalonymus Kalman. With his signature: "Chaim of Botoshan", the signature of his wife Rebbetzin "Dreizel daughter of Shimshon" and the signature of his three sons: "Shlomo son of R. Chaim of Botoshan"; "Yisrael son of R. Chaim"; "Kalonymus Kalman Yeshaya Tirer of Botoshan". Botoshan (Botoșani, Moldavia), Sivan 26, 1813.
This deed was (presumably) written during the course of the preparations of the Be'er Mayim Chaim and his wife to immigrate to Eretz Israel later that year. The deed was drawn up and written by the scribe of the Botoshan Beit Din, and consists of a testimony from the two witnesses signed below, attesting that R. Chaim and his wife Dreizel daughter of R. Shimshon transferred in their presence the ownership of their property located on Țiganii st. in Botoshan, to their two sons, according to the following allocation: the section of the property facing West would be granted to R. Yosef Yaakov, and the second part, facing East, with all the buildings standing on it, would belong to their son R. Kalonymus Kalman, as specified in the gift deed in his possession. The deed is signed by the two witnesses: "Aharon son of R. David", "Tzvi Hirsh son of R. Meir Segal".
The document delineates in detail the borders of the property from all four directions, and the names of the Jewish and non-Jewish neighbors adjoining it, as well as a precise indication of the division of the sections allocated to the two brothers, R. Yosef Yaakov and Kalonymus Kalman.
The signatures of the witnesses are followed by a confirmation that this deed is valid according to the laws of the county, with the handwritten signatures: "Chaim of Botoshan"; "Dreizel daughter of R. Shimshon"; "Shlomo son of R. Chaim of Botoshan"; "Yisrael son of R. Chaim"; "Kalonymus Kalman Yeshaya Tirer of Botoshan".
The foot of the deed contains countersignatures, confirming that R. Chaim, his wife Dreizel and their sons R. Shlomo and R. Yisrael signed the document and corroborated it with an act of acquisition in their presence. Signed by: "Tzvi Hirsh son of R. Meir Segal" and "Moshe Yisrael son of R. Yonah HaKohen".
On the verso of the leaf, an additional inscription appears, signed by three dayanim in the city, confirming that all the above – the transfer of ownership and all the signatures, took place in their presence, on the day cited on the recto, in Botoshan. Signed "Mordechai son of R. Shimshon", "Moshe son of R. Natan Shapira", "Yehuda Leib son of R. Shraga Segal".
The top of the back page contains several lines (in Romanian), presumably notarization.
The first leaf, dated 1804, consists of the sale deed recording the purchase by R. Chaim Tirer of this property: Testimony by the two witnesses signed below, dated Monday, Av 15 1804, in Botoshan, documenting the sale by R. Moshe son of R. Yehuda Leib of his house on Black St. (possibly referring to Gipsy St., mentioned in the second deed from 1813 as the street named Țiganii), to R. Chaim in their presence, and attesting that the latter had already paid in full the value of the property. The deed is not signed by witnesses, only by the seller: "Moshe son of Yehuda Leib".
Rebbe Chaim Tirer of Czernovitz (1760s-1817), was a Chassidic leader, close disciple of the Maggid of Zlotchov. He served as rabbi of Czernowitz, Mogilev, Botoșani and Kishinev (Chișinău). He had the reputation of a holy man, and wondrous tales about him abound. He was renowned in the Chassidic world for his extreme attachment to the holiness of Shabbat, when he soared to exalted levels. His teacher, the Maggid of Zlotchov attested that he drew his vitality from the holiness of Shabbat. According to Chassidic tradition, after his immersion before Shabbat,
his form would allegedly change and he would grow taller by a handbreadth (Kevutzat Yaakov). In the summer of 1813, he immigrated to Eretz Israel and settled in Safed, where he composed Shaar HaTefilla (Sudylkiv, 1825) and Eretz HaChaim (Czernowitz, 1861) and was later buried. His fundamental works Sidduro shel Shabbat (Mogilev, 1813) and Be'er Mayim Chaim (Sudylkiv 1820) are unique for their clarity and conviction, as well as the enthusiastic Chassidic passion they exude. His books were published in many editions and are considered fundamental Chassidic teachings. He was greatly influential in reinforcing Torah observance in the Bukovina region. His books include several responsa and debates on profound topics. His responsum regarding reciting Leshem Yichud before performing a mitzva, in which he sharply refutes the critique of the Noda BiYehuda, is well-known.
His son, R. Yosef Yaakov Tirer – mentioned in the document as recipient of half his property, was the son-in-law of R. Yitzchak of Kalush, son of the Degel Machaneh Efraim. After his father's immigration to Eretz Israel, he replaced him in the rabbinate. He passed away in 1866.
No facts are known regarding the son R. Shlomo Tirer signed on this document. His son R. Yisrael signed here, is not mentioned by biographers of the Be'er Mayim Chaim and is not known.
His son Kalonymus Kalman Yeshaya Tirer – the third signatory on this document, was at first the son-in-law of Rebbe Avraham Yehoshua Heshel of Apta, the Ohev Yisrael. After his marriage (ca. beginning of the 1800s), he forsook Torah observance, consequently divorcing his wife Yocheved (who then remarried to Rebbe Dan of Radvil). Despite this, his father did not cease loving him, and would send him gifts, rising early to prepare food and drink for him, and never refusing any of his requests. According to Chassidic tradition, after his father's passing, he underwent complete repentance in the wake of his father's appearance to him, urging him to repent. He was buried in Safed.
The book Beit Komarna relates that this Kalonymus Kalman resided for several years in Komarna, where he attached himself to negative influences. In 1801, R. Chaim came in person to Komarna to visit his son, and found him in a pub suffused with the steam of nonkosher food, playing cards, with sweat pouring down his face. R. Chaim wiped the sweat from his face with his handkerchief, kissed him on his forehead, and encouraged him to leave Komarna and return with him to Czernowitz. As they were exiting Komarna, residents threw stones at them, and R. Chaim inadvertently uttered a curse, that the city should be burnt. They had not yet left the city borders when a fire broke out, consuming all the houses (Beit Komarna, by R. Baruch Yashar Schlichter, Jerusalem 1965, pp. 16-17). It further relates that R. Chaim was known to say that his son's deterioration was a heaven-sent test to see if he would continue loving him, since he always pled for the Jewish people, arguing: "Master of the Universe, and if Your sons sin, will You not have mercy on them? After all, even if they sin, they are still Your sons!". He was therefore tested by G-d with a corrupted son, whether he would continue loving him and having mercy on him (Beit Komarna, p. 16). In Anaf Etz Avot, a substantiated statement is quoted in the name of Rebbe David Moshe of Tchorkov, explaining R. Chaim's conduct with his son as a basis for advocating before G-d, that if he, as a human being, continues loving his wayward son, so G-d should have mercy on His sons, who in under all circumstances are called His sons (Anaf Etz Avot, Jerusalem 1972, p. 24, quoting R. Shmuel Heilprin of Amsterdam, whose father R. Yosef Heilprin heard this from the Rebbe of Tchortkov).
In this gift deed, we see that R. Chaim and his wife expressed love for their son Kalonymus, bequeathing to him half of their property in the city, equal part to what his brother R. Yosef Yaakov received: "And the second part… belongs to our son Kalonymus Kalman, as is described in the gift document in his possession from us…".
[2] leaves. 32.5 cm. Good condition. Stains, creases and folding marks. On the leaf dated 1813, tear to the left margin, minimally affecting text, repaired with adhesive tape.
An autograph signature of R. Chaim Tirer is most rare. Several books are extant bearing signatures assumed to be his, while this document contains a clearly autographic signature, upon an original deed, with the original countersignatures of witnesses authenticating the signature of: "The saintly Rabbi, renowned and true Torah scholar R. Chaim", who signed in their presence.