web analytics
April 19, 2015 / 30 Nisan, 5775
At a Glance
Judaism
Sponsored Post


Home » Judaism » Parsha »

Shelichus


Taste-of-Lomdus-logo

The Gemara in Kiddushin 41b derives from a pasuk in this week’s parshah the concept of shelichus (acting on one’s behalf). The pasuk says, “kein tarimu gam atem terumas Hashem – so you too shall remove the terumah of Hashem.” The Gemara explains that the word gam (too) is superfluous; thus we draw from this that another person may remove terumah for you on your behalf.

The Gemara in Baba Metzia 22a says that, based on this pasuk, we learn another halacha regarding shelichus. The Gemara says that just as an action that you perform is with your knowledge, so too is it with your knowledge when your agent acts on your behalf. One cannot be your shaliach unless you know about it.

The Kitzos Hachoshen (105:1) asks the following fundamental question (preceded by pertinent information): There is another manner, referred to as zicheya, whereby one can act on another person’s behalf. Regarding this other form, the Gemara says that one may act on another’s behalf even without the knowledge of the other person. This is called zachin l’adam shelo befanav – one may acquire for another if it is beneficial for him, even if he does not know it. Several Rishonim opine that the mechanics behind this form of acting on another person’s behalf works with shelichus. Rashi in Gittin 9b says that whenever one is acting on another person’s behalf, it is considered as if he was appointed to be a shaliach (to do that action) for the sender. This is called zicheya mi’din shalichus. The Kitzos asks: How can zicheya work without the individual’s knowledge if it is working via the mechanics of shalichus, and shelichus requires the knowledge of the one for whom you are acting?

The Kitzos suggests that this is the reason that the other Rishonim disagree and say that zicheya is not mi’din shelichus. They say that it works instead through the halacha of yad, the fact that one’s hand acquires for him. The Kitzos goes so far as to say that even the Rishonim who say that that zicheya is mi’din shalichus do not mean that it is considered as if one made him an agent; rather, it is a gezeiras hakasuv (it works just as a shaliach works).

One could argue with the entire premise of the Kitzos. We must look at the context in which the Gemara in Baba Metzia was referring to, namely that one must be aware that there is an agent working on his behalf. The Gemara there was discussing the sugya of yi’ush shelo midas – relinquishing ownership of a lost object without the knowledge that it is lost. Rashi, at the beginning of the sugya, writes that the whole sugya is only addressing a scenario in which one would probably give up hope when he learns that the item is missing. In a scenario whereby we know for certain that one would give up hope, there would not be any machlokes and all would agree that it now works – prior to the individual actually knowing.

The Gemara brings a proof from the following Mishnah: In a case of one who takes off terumah for his friend without his friend’s knowledge, there are scenarios in which it works and those in which it is not considered as if terumah was removed. If the owner, upon hearing that his fellow removed terumah for him, responds in a manner that reveals that he is pleased, the terumah is then valid. But if his response tells us that he is upset about this, the terumah is not valid. The Gemara says that this proves that even though he did not know at the time, it is valid retroactively since he later knew about it. The same rule should apply regarding the relinquishment of ownership of a lost item.

The Gemara answers that there is no proof from this Mishnah, since the entire Mishnah is referring to a case where the owner had previously made him his shaliach.

The Gemara compares the knowledge required for yi’ush to that of a shaliach. The parallel dictates that just as if one does not know that his item is lost, even though he will probably relinquish his ownership when he learns that it is lost, we do not consider it as if he gave up hope. Similarly, even if one will probably be happy to learn that his fellow separated terumah for him, it is not considered as if he made him his shaliach since he does not presently know.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Shelichus”

Comments are closed.

Current Top Story
US has no problem with Egypt's bombing hundreds of homes of Gaza civilians but can't stand to see Israel destroy a terrorist's home.
Gaza: Egypt Responsible For Weapons Shortage
Latest Judaism Stories
Hertzberg-041715

Lincoln was not a perfect man. But he rose above his imperfections to do what he thought was right not matter the obstacles.

Arch of Titus

Adon Olam: An Erev Shabbat Musical Interlude Courtesy of David Herman

Daf-Yomi-logo

Oh My, It’s Copper!
‘…And One Who Is A Coppersmith’
(Kethubboth 77a)

Grunfeld-Raphael-logo

The omer sacrifice of loose barley flour was more fitting for animal consumption than human consumption and symbolizes the depths to which the Jewish slaves had sunk.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

When Chazal call not eating treif food a chok, that refers to how it functions.

His mother called “Yoni, Yoni!” Her eyes, a moment earlier dark with pain, shone with joy and hope

Kashrut reminds us that in the end, God is the arbiter of right and wrong.

In a cab with Rav Shlomo Zalman Auerbach & Rav Elayshiv discussing if/when to say tefillas haderech

The successful student listens more than speaks out; wants his ideas critiqued, not just appreciated

Why would it not be sufficient to simply state lehoros from which we derive that in such a state one may not issue any psak?

What do we learn about overcoming loss from the argument between Moses and Aaron’s remaining 2 sons?

Each of the unique roles attributed to Moshe share the common theme that they require of and grant higher sanctity to the individual filling the role.

Because of the way the piece of my finger had been severed, the doctors at the hospital were not able to reattach it. They told me I’d have to see a specialist.

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

Why would it not be sufficient to simply state lehoros from which we derive that in such a state one may not issue any psak?

Taste-of-Lomdus-logo

The Netziv answered that there is a difference between a piece of bread that was cut already in front of you, and one that was cut from beforehand.

Why is it necessary to invite people to eat from the korban Pesach?

The Ran asks why the Gemara concludes that since we are unsure which two of the four we must recline for, that we must recline for all four.

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

The Aruch Laner asks: How can Rashi say that the third Beis Hamikdash will descend as fire from heaven when every Jew prays several times a day for the rebuilding of the Beis Hamikdash?

The Ohr Hachayim rules that one may not manipulate the system; rather he must state his opinion as he see the ruling in the case; not as he would like the outcome of the verdict to become.

He suggests that the general admonition only dictates that a father may not actively enable his son to perform an aveirah.

Printed from: http://www.jewishpress.com/judaism/parsha/shelichus/2012/06/21/

Scan this QR code to visit this page online: