web analytics
May 23, 2013 /14 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
The Tosfos Yomtov was convinced that the death of 300,000 –600,000 Jews during the Chmielnicki massacres of 1648-49 were because of improper Tefila. Communicated: Tefilla

Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.



Home » Judaism » Parsha »

Shelichus


Latest update: April 25th, 2013
tell a friend
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.

tell a friend

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


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Minister Yaakov Perry, (Yesh Atid, on the left), with Minister Limor Livnat, (Likud, second from left) visit Haredi soldiers serving in the Israeli Air Force, April 23, 2013.
Perry Committee Haredi Recruitment Plan: Sanctions on Draft Dodgers
Latest Judaism Stories
Leff-052413
Judaism → Parsha

Do you say Shema before you go to sleep? I’m sure you do.

But perhaps you, like many, feel too tired at night to say the entire tefillah of Kri’as Shema as it appears in the siddur. If you do say the entire tefillah, you will recognize a pasuk in this week’s Haftorah. And if you don’t say the whole Kri’as Shema al Hamitah, perhaps after this column, you’ll re-consider and find yourself connecting with the following very comforting pasuk.

Niehaus-052413
Judaism → Parsha

The sand is rapidly running through the hourglass, as the centrifuges in the secret Iranian nuclear plants spin furiously. It is quite clear that the Iranians are on the brink of attaining nuclear capability, and we are well aware of the danger that would face Klal Yisroel in that event, chas v’sholom. All the sanctions, threats, and computer worm attacks do not seem to be stopping them, and it is terrifying. And when we see how vulnerable we are to terrorist attacks anywhere in the world, we become even more terrified.

The-Shmuz
Judaism → Parsha

Miriam spoke disparagingly about Moshe Rabbeinu. Because of this, she contracted tzaras, and for seven days she was sent outside the camp of Israel.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Judaism → Halacha & Hashkafa

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

Judaism → Parsha

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Halacha & Hashkafa

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Judaism → Halacha & Hashkafa

Question: The Midrash notes that the song the Jews sang after they crossed the Red Sea (“Az Yashir”) was unique; its likes had never been heard before in the world. Our Sages even refer to it as a shirah chadashah, a “new song.” What made “Az Yashir” so unique and in what sense was it a “new song”?

Judaism → Columns → Lessons In Emunah

The rav was not a wealthy man, but earned enough to live comfortably. He earned his money by serving as the rav of a religious community in Yerushalayim. He also received some royalties from sefarim he had written over the years. He was well known, and many people approached him for a berachah, advice and help. They were not turned away.

Judaism → Columns → Rabbi Lord Jonathan Sacks

Tanach, the Hebrew Bible, is remarkable for the extreme realism with which it portrays human character. Its heroes are not superhuman. Its non-heroes are not archetypal villains. The best have failings; the worst often have saving virtues. I know of no other religious literature quite like it.

Judaism → Rebbetzin's Viewpoint

Last week I shared a letter from a newly observant Jewish woman. She and her husband reside in a small suburban community outside of Los Angeles. Last year they came to consult with me on a personal religious issue. While they were both ba’alei teshuvah, there was one fine difference between them. He had become a ba’al teshuvah earlier than she and was therefore somewhat more settled in an observant lifestyle.

Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo
Judaism → Parsha

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Taste-of-Lomdus-logo
Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Parsha

In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.

Judaism → Parsha

In parshas Behar the Torah reiterates some of the halachos of ribbis, and teaches several new halachos as well. The pasuk says that one should not take ribbis from his fellow, he should fear God, “v’chei achicha imach – and your brother shall live with you.” The Gemara derives from the end of this pasuk that if one does charge ribbis and collects it, it must be returned.

Judaism → Parsha

This week I will be addressing a question from a previous column – with a new answer.

The pasuk in this week’s parshah (Vayikra 23:14) says, “V’lechem v’kali v’karmel lo sochlu ad etzem hayom hazeh ad haviachem es korban elokeichem – And you shall not eat bread [etc.] on this very day until you bring the offering of your God.” This pasuk teaches us that all of the five grains (wheat, spelt, rye, oats, and barley) are forbidden from the time they are harvested until after the korban omer is brought.

Judaism → Parsha

Both of this week’s parshiyos discuss the various arayos – forbidden relationships. The Gemara in Kiddushin 67b states that if one attempts to perform kiddushin on one of the arayos, the kiddushin is invalid.

    Latest Poll

    Which is the most beautiful location in Jerusalem?









    View Results

    Loading ... Loading ...

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

Scan this QR code to visit this page online:

Related posts:

  1. The Nature Of A Melachah
  2. The Merit Of Others
  3. The Proper Way to Hold a Mitzvah
Close