Transcript of a question on the laws of inheritance, from Rebbe Menachem Mendel Schneersohn, the Tzemach Tzedek of Lubavitch, handwritten by R. Meshulam Zalman Neumark Rabbi of Starodub. [After Nissan 1866].
The following inscription appears at the top of the page: "Transcript of the words of the rebbe".
A personal question pertaining to the Tzemach Tzedek’s bequest: "I request of his honor, to please study this case which is of practical relevance to me, and it is difficult for me to rely on myself to issue a ruling… I am elderly, may G-d grant me longevity, and I wish to give one of my sons a gift. That is, a debt owed to me by a reliable person… with a repayment of several hundred silver ruble a year… I wish to gift this debt to one son specifically, for a reason I shall not disclose. And although all my sons will presumably honor this wish, I must take necessary measures. Therefore, I wish to somehow reinforce this command, so that they should not be able to transgress it in any way…". Further in the question, the Tzemach Tzedek outlines the main points and sources which indicate that there is a halachic option of transferring the recovery of a debt to one specific son. (The son at issue is presumably the Rebbe Maharash of Lubavitch, see on this affair R. Yehoshua Mondshein, Kfar Chabad weekly, Issue 1041, 11th Nissan 2003, p. 38 onwards).
The Tzemach Tzedek (1789-1866) was very feeble in his final years, and he wrote very little between 1860-1866. His manuscripts (as well as transcripts of his writings) from these years are very rare (MiBeit Genazim, p. 238).
The copyist of this question, R. Meshulam Zalman Neumark Rabbi of Horki, Starodub, Vitebsk and Nevel (d. 1893), was a prominent Chabad rabbi. "He was very cherished by the Tzemach Tzedek" (Preface to Eshel Avraham, Zera’im); see item 379. The Tzemach Tzedek may have addressed this question to R. Meshulam Zalman, yet it is also probable that a copy of this question was sent to several Chabad rabbis (see below - this question was also sent to R. Meir son of R. Peretz Chen).
[2] leaves (3 written pages). Approx. 18 cm. Good condition. Stains. Ink stains. Folding marks.
Discovery! This question was first published recently (with several copying errors) in Responsa Avnei Chen (Brooklyn, 2013), with the response of R. Meir (son of R. Peretz) Chen, who cited the text of the question prior to answering it (pp. 155-164). The publisher erroneously attributed the question to one of the rabbis of Babinavichy. It has now been revealed that this question was posed by the Tzemach Tzedek of Lubavitch in his final years (the basis for the attribution of this question to a rabbi of Babinavichy is the following sentence at the end of the letter: "Please respond to this as soon as possible… by post to Babinavichy, to my address…". Lubavitch was a very small village, without a post office, and any post sent to Lubavitch was received in the closest post office branch, in Babinavichy - see Igrot HaTzemach Tzedek, 2013 edition, footnote on p. 213, and p. 219).