The Power of a Proxy
Rabbi Aryeh Citron
Parsha Halacha
Sponsored by Avi Marshall in honor of his parents Akiva and Elisheva Marshall of Crown Heights
Parshat Shelach
The Power of a Proxy
In Parshat Shelach, Moshe Rabeinu sent out the twelve spies to spy out the land on behalf of the Jewish People. Ten of them came back with a negative report and convinced the Jewish People to despair of ever conquering the land.[1]
Concerning such messengers King Solomon writes in Proverbs: “Like vinegar to the teeth and like smoke to the eyes, so is the lazy person to those who send him.”[2] And: “He who sends a message by the hand of a fool wears out legs (of future messengers) and ‘drinks violence’ (he will suffer from this matter).”[3]
Although at the time they were chosen, the spies were righteous men[4] and G-d himself approved of their appointment,[5] in the course of only forty days, they deteriorated to the point that they actually plotted to work against the entry of the Jews into the Holy Land.[6]
Only two of them, Joshuah and Kalev, remained righteous. For their efforts to foil the plans of the other spies, they merited to enter into the land[7] and receive extra portions of it as their inheritance.[8]
This article will focus on the laws pertaining to appointing an agent (shaliach) to act one one’s behalf.
Source of the Power of a Proxy (Shaliach)
The Torah teaches us in several places that one may appoint an agent (shaliach) to perform certain tasks for him. At the time that the shaliach fulfills his mission he is considered to be like the Meshale’ach (the one who sent him). In the words of the Mishna:[9] Shelucho shel adam kemoto (the agent of a person is like the person himself).
· Concerning removing the tithes, the Torah says: “So shall you too set aside a gift for the Lord from all the tithes you take…”[10] The Talmud derives from the extra word “גַם אַתֶּם” (you too) that one may appoint an agent to separate their tithes.[11]
· Regarding the slaughtering of the Pesach sacrifice, the Torah says: “the entire congregation of the community of Israel shall slaughter it in the afternoon.”[12] Obviously it is impossible for every Jew to sacrifice a lamb (since each lamb was shared by many people), so this verse must mean that one can appoint an agent to do this for them.[13]
· When speaking about the laws of divorce, the Torah says: “he writes for her a bill of divorce and places it into her hand, and sends her away from his house”.[14] The Talmud[15] understands the word וְשִׁלְּחָהּ (and sends her) to mean that the husband may appoint a messenger to deliver the get and that the wife may appoint an agent to receive the get on her behalf. Since many of the laws of marriage and divorce are similar, we apply this same rule for when a couple gets married. I.e., a man may send an agent to betroth his wife for him and a woman may send an agent to accept the betrothal ring (or other item) on her behalf.[16]
· The Talmud extrapolates from the above laws that the same is true regarding other laws of the Torah.[17]
Who may be a Shaliach?
· In order to be a shaliach, one must be similar in many respects to the meshale’ach (the one who is sending him). Thus, a shaliach of a Jew must be a Jewish sane adult.[18]
o For this reason, a child or a Non-Jew cannot be one’s agent to perform a religious ritual.
o Despite this, one may not ask a Gentile or a child to perform work for them on Shabbat or a Holiday as for this purpose the Rabbis were strict and ruled that they are considered agents.[19]
· In addition, in order to perform a religious ritual on someone’s behalf, the shaliach must be obligated in that particular ritual on a similar level as the one who sent him.[20]
o Thus a man may not appoint a woman as a Shaliach for a Mitzvah in which women are not obligated (see below).
How it Works?
Rav Yosef Engel, a brilliant 19th and 20th Century sage, wrote that there are three ways to understand how the concept of shlichut works.[21]
1. The action is considered to have been done by the shaliach. Nevertheless as the meshale’ach caused it, he receives the credit for it.
2. The action of the shaliach is considered to have been done by the meshale’ach.
3. The actual body of the shaliach is considered to be (representing) the actual body of the shaliach.
o Even on this level of Shlichut, the shaliach and the one who sent him remain separate entities. Which is why after he finishes his mission, he reverts back to being “himself.”[22]
There are sources in the Talmud that can be used to prove the legitimacy of each of these perspectives.[23] It is possible that each of them is true depending on the circumstances.[24]
Examples of Shluchim in the Torah
We find several examples of shluchim in the Chumash. Among them:
· Eliezer the servant of Avraham was appointed by Avraham to find (and betroth) a wife for Yitzchak.[25]
· Yakov sent Yehudah to Egypt to establish a Yeshivah before the rest of his family arrived there.[26]
· Ahron and his descendants were appointed as Kohanim.[27] According to the Talmud, the Kohanim are considered the agents of G-d to assist the Jewish People, or, according to another opinion, they are considered the agents of the Jewish People to assist them in serving G-d.[28]
· Each Tribe had a leader who represented them when the Land of Israel was divided amongst the various tribes.[29]
Other Rules of Shlichut
· No Agents for Sin
If one sends an agent to do a forbidden act, the one who is sent (the shaliach) is considered the one who did this act. It is not attributed to the one who sent him. This principal is known as Ain Shaliach Lidvar Aveirah – one cannot appoint an agent for a sin. The reason for this is that the shaliach should not have listened to the one who sent him but rather to his Master – G-d who forbids this act. If he chooses to ignore the wishes of his Master, this is his own responsibility.
o Several examples:
§ A paid assassin is liable for his actions. The one who hired him is also considered responsible in G-d’s eyes and will be punished by Him, but is not punished by a human court (bait din).[30]
§ One exception: Regarding the laws of Me’ilah (benefiting from consecrating property), it is possible for a person to sin through an agent.[31] See the chapter six of Me’ilah for more information.
· I have Sent You To Fix and Not to Ruin
If a shaliach does not follow the instructions of the one who sent him, he is no longer considered a shaliach for that matter. This is because the meshale’ach only intended to send him to accomplish the mission and not to ruin it.[32]
o Several examples:
§ If one sends a shaliach to buy or sell an item for him, the shaliach must take care to buy or sell for a fair price. If, when buying, he pays even a small amount more than the fair market value, or, when selling, he gets paid even a small amount less than the fair market value; the one who sent him can renege on that sale. He can say that he did not appoint the shaliach on the basis of his making an error.[33]
§ As mentioned above, in a case of me’ilah, the meshale’ach sins when his agent fulfills the mission entrusted to him. If, however, he deviates even slightly from his “mission” the sin belongs to the shaliach as he has disqualified himself from being a shaliach.[34]
Practical Application
We use the concept of shlichut (appointing an emissary or proxy) often within the fulfillment of various mitzvot. For example:
· A Chazzan is referred to as a Shaliach Tzibur. This means that he is the emissary from the community to G-d to pray on their behalf. By listening to him and responding in the appropriate times, we join in his prayers. For this reason, a chazzan must be a male Jew (at least) above the age of bar mitzvah.[35]
· Some say that it is best to send Mishlo’ach Manot through an agent.[36] This is in order to increase the joy of Purim. A child or a Non-Jew may perform this shlichut as well.[37]
· One who is sitting shiva (G-d forbid), may not work. Nor may they ask someoneelse (whether Jew or Gentile) to work for them at that time (unless not doing so would cause a significant financial loss) as that person would be considered their shaliach.[38]
· As mentioned above, one may not ask a Gentile or child to do work for them on Shabbat or Yom Tov. The same applies to Chol HaMo’ed (although the laws of not working on Chol HaMo’ed are generally more lenient that the laws of not working on Yom Tov).
· Before a Mohel performs a Brit, he customarily asks the father of the boy to appoint him as his Shaliach. This is because this Mitzvah is actually the father’s responsibility.[39]
· If one sends an agent to purchase for him, that agent may not purchase the merchandise for himself. The only exception to this is if he realizes that the seller will only sell it to him and not to his meshale’ach. Even so, he must first inform his “boss”, if at all possible. If an agent didn’t follow these laws and did purchase for themselves, if he used his own money, the sale is valid.[40]
Every Jew a Shaliach
Every Jew is actually an agent of G-d in this world to serve Him and perform His mitzvot,[41] thus making this world a dwelling place for His Shechina (Divine Presence).[42] When we put all of our efforts into this task and fulfill our missions properly we will merit to the arrival of Moshiach. For this reason, the word Moshiach (משיח) is the gematriah of Shaliach (שליח) plus 10 (the ten powers of one’s soul).
May we merit this speedily in our days.
[1] See Numbers 13 and 14
[2] Proverbs 10, 26
[3] Ibid 26, 6 See Likutei Sichot 23, pg. 95
[4] This is derived from the word Anashim in Numbers 13, 5 (men of stature) which is also used concerning Jesse (father of King David) (Samuel 1, chapter 17 verse12) and the Prophet Samuel (ibid, 1, 11).
[5] See Number 13, 3
[6] Midrash Tanchuma on the Parsha See Likutei Sichot 33, pg. 78 and on
[7] See Numbers 27, 45
[8] See Rashi on Numbers 14, 38. See also Deut. 1, 36, and Joshua 14, 6 - 14
[9] Berachot 34b
[10] Numbers 18, 28
[11] Gittin 23b
[12] Exodus, 12, 6
[13] Kiddushin 41b
[14] Deut. 24, 1
[15] Kiddushin 41a
[16] Ibid
[17] Ibid side b
[18] Ibid
[19] See Bava Metzi’ah 90a, Shulchan Aruch HaRav, 343, 1. See also: http://www.chabad.org/library/article_cdo/aid/1140867/jewish/The-Myth-of-the-Shabbos-Goy.htm
[20] Ibid
[21] Lekach Tov, Siman 1, see also Likutei Sichot vol. 20, pg. 303 and ibid, vol. 33 pg. 117 for a lesson in serving G-d from these three levels.
[22] See Likutei Sichot vol. 22, pgs. 161
[23] See Nedarim 72b, Gittin 29b and 47b, Kiddushin 43a, Bava Metziah 10b, and 96a, Bava Batra 61b, and Menachot 93b
[24] See Ketzot HaChoshen 182, 1, who explains that only the power of action of the shaliach is attributed to the meshale’ach and not that the body of the shaliach is considered to be that of the meshale’ach. If that were true then one would be able to appoint a shaliach to put Tefillin on or to eat matzah for them. In fact, in the action of wrapping the Tefillin or chewing the matzah he can be considered a shaliach, but the actual arm that the Tefillin are being put on and the stomach that the matzah is entering is that of the shaliach. See Rosh on Nedarim 72b D.H. Veha lo shmi’ah leh
The Alter Rebbe in Kuntres Acharon on O.C. 363, 25 (quoted in Likutei Sichot vol. 8 pg. 367, note 24), however, says that the arm of the shaliach is considered to be an extension of the arm of the meshale’ach. According to this perspective, we must say that the reason one may not do the abovementioned mitzvot through an agent is that in order to accomplish the objective of those mitzvot it is necessary to do them oneself.
It is difficult to understand why the Alter Rebbe finds it necessary to give that explanation in the context of his discussion there. It is possible that he does so in order to negate the explanation of that topic given in Chelkat Yo’av O.C. 14.
[25] Genesis, 24, see Sefer HaSichot 5748, pg. 478
[26] Gen. 46, 28. See Rashi there
[27] See Exodus 28, 1 and in many places
[28] Nedarim 35b See also Yoma 19a
[29] Numbers 34, 16 – 29 See Kiddushin 42a
[30] Kiddushin 43a
[31] See Chagigah 10b
[32] See Ketubot 99b
[33] C.M. 182, 3
[34] Me’ilah, Chapter 6, Mishna 1
[35] See O.C. Siman 53
[36] Mishna Berurah 695, 18 See Likutei Sichot vol. 33, pg. 118, note 39
[37] Piskei Teshuvot 695, 16
[38] See Y.D. 380, 5
[39] Ibid 265, 9. See Biur HaGra 40 there
[40] See Shulchan Aruch HaRav C.M. Dinie Mechirah Umatana VeShaliach, 17
[41] See Midrash Tanchuma, VaYigash, 6 that the Mitzvot are G-d’s Shluchim and that we must therefore treat them with respect.
[42] Sefer HaSichot 5748, pgs. 458 and 459. See Likutei Torah, 1 side 3