web analytics
July 1, 2015 / 14 Tammuz, 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
Donald Trump announces he is running for the Republican party presidential nomination.
Trump Ranks No. 2 GOP Candidate in Nationwide Poll
Latest Judaism Stories
Rebbetzin Esther Jungreis

To my dismay, I’ve seen that shidduch candidates with money become ALL desirable traits for marriage

800px-Gustav_Jaeger_Bileam_Engel

Bil’am’s character is complex and nuanced; neither purely good nor purely evil.

Staum-062615

Amalek, our ultimate foe, understood that when unified, we are invincible and indestructible.

Torat-Hakehillah-logo-NEW

Perhaps on a deeper level, the mitzvah of parah adumah at this junction was not just to purify the body, but the spirit as well.

Halacha isn’t random; it’s a mechanism guiding individuals and society to a higher ethical plateau.

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

Less clear, however, is whether the concept applies to the area of civil law such as the law of transfer of property.

The greatest of men, Moshe, had to wait for Hashem to sprinkle purifying waters on Bnei Yisrael to mark the conclusion of the period of death.

My Plate, My Food
‘My Loaf Is Forbidden To You’
(Nedarim 34b)

Of Chukkim “Satan and the nations of the world made fun.” They may appear irrational & superstitious

I realized from this story that I was sent as a messenger from above. Hashem has many helpers in this world to help do his work.

Tosafos answers that nevertheless the sprinkling is a part of his taharah process.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

Zaidie’s legacy of smiles and loving words was all but buried with him, now the family fights over $

Israel’s complaining frustrated Moshe, making it increasingly hard for him to lead effectively

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

Tosafos answers that nevertheless the sprinkling is a part of his taharah process.

Taste-of-Lomdus-logo

Performing ketores outside the Beis Hamikdash, and at the wrong time is an aveirah.

Ten of the twelve spies returned with a negative report, stating that this would be impossible.

The flavor of the mon was not artificial; the mon would now consist of the actual flavors from the desired food.

Tosafos suggests several answers as to how a minor can own an item, m’d’Oraisa.

The question is: What about pidyon haben? Can one give the five sela’im required for pidyon haben to a kohen’s daughter?

The mitzvah that parents must give their son a bris milah is a mitzvah that they must perform for someone else – namely their son.

The Bach writes that he mentioned his insights to many of the leading gedolim and no one disproved him.

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

Scan this QR code to visit this page online: