Tefillos Needed

Please say tehillim for Tinok ben Raizel Miriam, grandson of Mr. and Mrs. Jeff Cagan, who is undergoing heart surgery this morning

[chicago-aneinu] Please Daven - Procedure Friday Morning

Please daven for a refuah shalama for Eliana bas Yehudis who will be undergoing an angiography tomorrow morning at 8 AM.

Thursday, January 27, 2011

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 27 2011


S"A SIMAN 38 SIF 5 MISHNA BERURA SIMAN 16
However, if /his dead/ died or was buried on Chol Ha-Mo’ed he should don tefillin, both during Chol Ha-Mo’ed and after the festival, although /, then, the day following the festival/ is the first day of /post- burial/ mourning. /This is because,/ nevertheless, comforters will already have comforted him during the festival.

MISHNA BERURA DIRSHU CHELEK 1
Q:THE M"A SAYS AN AVAL(MOURNER) DOES NOT PUT ON TEFILLIN B/C HES DISTRESSED(MAR)AND THIS DOES NOT APPPLY ON CHO HAMOED WHAT DOES RAV SHLOMO ZALMAN AURBACH SAY


A:RAV SHLOMO ZALMAN AURBACH SAYS AN AVAL ONLY DOES AVALUS IN PRIVATE LIKE PURIM OR EREV PESACH AFTER CHATZOS SO HES CIEV IN TEFILLIN(FOR MORE SEE NOTE 6)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 26 2011


S"A SIMAN 37 SIF 1 MISHNA BERURA SIF KATAN 3
One certainly /does not belong to this category/ if he always cherishes /the performance of/ the mitzvah and is careful to have a clean body /when he dons tefillin/, but /refrains from donning them/ now because of an illness beyond his control, which /has caused/ his body not to be clean. /Then,/ according to all /authorities/, he does not have the ruling of a sinful Jew at all.

MISHNA BERURA DIRSHU CHELEK 1
Q:IF YOUR TEFILLIN ARE CHECKED BUT YOU DIDNT KNOW ITS PASUL B/C A LETTER MISSING DO YOU GET A MITZVAH

A:THE SHEVET HALEVI SAYS ITS AN ONAS ITS LIKE YOU DID THE MITZVAH(FOR MORE SEE NOTE 1)

[chicago-aneinu] Please Daven Surgery Thursday

Please daven for Dina Raizel bas Shayna who will be having surgery tomorrow,Thursday around 12-12:30.

Wednesday, January 26, 2011

[chicago-aneinu] Please Daven

Please daven for Pesach ben Tova who is in the hospital and needs our tefillos.

Friday, January 21, 2011

[chicago-aneinu] Tehillim GatheringThis Sunday

There will be a Tehillim gathering for women, this Sunday morning, at Cong. KINS at 10:30, to daven for a refuah shlema for Marilyn Adolph, Chaya Miriam bas Lieba Rifka. May she, and all cholim in Klal Yisroel have a refuah shlema. May we hear besoros tovos.

Good Shabbos,
Chaya Miriam

[chicago-aneinu] Surgery Today - Please Daven

From an Aneinu member:


Please daven for Dov Ber ben Bayla who will have surgery today.

[chicago-aneinu] Please Daven

From one of our Aneinu members:

I have learned that my good friend Chasha bas Nachama is sick because her leukemia has returned. She needs all your tifillos.

Please daven for Chasha bas Nachama.

[chicago-aneinu] Please Daven - Critical

Please daven for Chaya Miriam bat Lieba Rifka, who is in critical condition.

Monday, January 17, 2011

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 15 2011


S"A SIMAN 32 SIF 31 MISHNA BERURA SIF KATAN 138
/I.e.,/ each individual word before it is written,

MISHNA BERURA DIRSHU CHELEK 1
Q:IS THEIR A MACHLOKES

A:YES THEIR IS THE SHEVET HALEVI IS MEDIAK THAT YOU SHOULD READ EVERY LETTER BY ITSELF BUT THE MIKDASH MAT SAYS YOU DONT HAVE TO DO THIS(SEE NOTE 167)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 14 2011


S"A SIMAN 32 SIF 24 MISHNA BERURA SIF KATAN 113
See the P.Mg., who writes that if any impression of ink remains there are grounds for concern regarding /the validity of what is written on it/ even once it is after the event.

MISHNA BERURA DIRSHU CHELEK 1
Q:WHAT IF YOU ONLY HAVE AN IMPRINT

A:THE S"T NODA BIYEHUDA SAYS WE DO NOT CONSIDER THE BOTTOM 1 AS CASAV AND THE LETTER ON TOP IS KOSHER(FOR MORE SEE NOTE 153)

Sunday, January 16, 2011

[chicago-aneinu] Special Perakim for Pidyon Shvuyim

The special perakim of Tehillim to say for pidyon shvuyim are:

7, 16, 20, 35, 79, 93, 130, 142

[chicago-aneinu] Chasdei Hashem! Yosef ben Ita Rivka Released From Prison!!!

B"H! Yosef ben Ita Rivka, Yosef Banda, the bochur who had been transferred from Japan to an Israeli prison, has received a pardon from Shimon Peres and has been released from prison! He is now home in Bnei Brak. Please keep davening for Yoel Zev ben Mirel Reesa Chava and Yaakov Yosef ben Raizel.
Also, please continue to daven for Gilad ben Aviva, Yehonaton ben Malka, Shalom Mordecha HaLevi ben Rivka and Eliyahu Rachamim ben Rochel.

Fw: [chicago-aneinu] Surgery Tuesday - Please Daven

a girl, Sarah bat Devorah, will be undergoing serious surgery
in the morning of January 18, 2011
.
Psalm Chapter 20
1. To the chief Musician, A Psalm of David.
2. May the Lord hear you in the day of trouble! May the name of the God of Jacob defend you!
3. May he send you help from the sanctuary, and strengthen you out of Zion!
4. May he remember all your offerings, and accept with favor your burnt sacrifice! Selah.
5. May he grant you your heart's desire, and fulfil all your plans!
6. May we rejoice in your salvation, and in the name of our God set up our banners! May the Lord fulfil all your petitions!
7. Now I know that the Lord saves his anointed; he will answer him from his holy heaven with the saving strength of his right hand.
8. Some trust in chariots, and some in horses; but we will remember the name of the Lord our God.
9. They are brought down and fall; but we shall rise, and stand upright.
10. Save, Lord; the king will answer us on the day when we call.
Psalms Chapter 6  
1. To the chief Musician for stringed instruments, according to the Sheminith, a psalm of David.
2. O Lord, do not rebuke me in your anger, nor chasten me in your hot displeasure.
3. Have mercy upon me, O Lord; for I am weak; O Lord, heal me; for my bones shudder.
4. My soul is also much troubled. And you, O Lord, how long?
5. Return, O Lord, deliver my soul. Oh save me for the sake of your loving kindness!
6. For in death there is no remembrance of you. In Sheol who shall give you thanks?
7. I am weary with my moaning; all night I make my bed swim; I drench my couch with my tears.
8. My eye wastes away because of grief; it grows weak because of all my enemies.
9. Depart from me, all you evil doers; for the Lord has heard the voice of my weeping.
10. The Lord has heard my supplication; the Lord will receive my prayer.
11. Let all my enemies be ashamed and much troubled; let them return and be ashamed in a moment.




Friday, January 14, 2011

[chicago-aneinu] Please Remember Friday to Daven

I received the following:

Thank you for sending out all the emails about my aunt, Leah Devora bas Esther, for the last few days. Please remind people that her family is planning on removing her from the respirator tomorrow (Friday), and the doctors do not think she will be able to breathe without it. Our tefilos can make all the difference. Hashem made a nes two days ago when He caused the family to delay her being removed from the respirator, and Hashem can make a nes again. Any Tehillim and mitzvos people can do in her zechus are undoubtedly effective.

[SHEMA YISRAEL SEMICHA] PLEASE DAVEN 4

Please daven for a Refuah Shelama for Chana Zissel bas Ester.

Thursday, January 13, 2011

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 13 2011


S"A SIMAN 32 SIF 19 MISHNA BERURA SIF KATAN 95
It is not enough to think /this in one’s mind/. Even once it is after the event /mere thought is not ruled to have helped/. [E.R. and P.Mg] See the Chidushey Rabbi Akiva Eiger.

MISHNA BERURA DIRSHU CHELEK 1
Q:WHAT ABOUT A CHARESH AND A SHOTE

A:THE BIUR HALACHA SAYS IN THE NAME OF THE PM"G THEIR A DOUBT IF IT HELPS AFTER YOU STAND OVER THEM AND HINT TO THEM TO WRITE LISHMA(FOR MORE SEE NOTE 143)

[chicago-aneinu] Tefillos Needed for Twin Girl

The family of Maya bas Yetta Rivkah, the surviving twin, found out today that she will be having surgery next week. I will let you know the day of surgery when that information becomes available. In the meantime, please keep her in your tefillos. May all cholim have a refuah shlema.

Good Shabbos,
Chaya Miriam

[chicago-aneinu] Please Daven

Please daven for Chasha bas Nechuma, Carol Efiies Sidel, who grew up in Chicago, graduated from the Academy in 1955, and now lives in California. She needs our tefillos.
Chaya Miriam

[chicago-aneinu] Please Daven

An Aneinu member sent me the following email that she received from a friend:

Dear Friends, As many of you know my son Avraham Yaakov has been having severe headaches. Baruch Hashem, they finally found the cause - an MRI of the head showed a growth. Be'ezras Hashem they will do surgery, take it out, & G-d willing he will be totally fine. If you would be able to daven for him, & spread the word, that would mean so much to me. Avraham Yaakov ben Yochana Miriam.

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 12 2011


S"A SIMAN 32 SIF 18 MISHNA BERURA SIF KATAN 86
For the upper and lower י /parts of the א/ may only touch the roof at their thinnest /point/


MISHNA BERURA DIRSHU CHELEK 1
Q:IS THEIR A MAKOR IN SHAS FOR THIS

A:NO NEVERTHELESS ITS STILL PASUL(FOR MORE SEE NOTE 129)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 11 2011


S"A SIMAN 32 SIF 17 SHNA BERURA SIF KATAN 68
Instead, one must also scrape off some of the roof, until what remains is like the /letter/(vav)ו

MISHNA BERURA DIRSHU CHELEK 1
Q:IS ANYONE IN WONDERMENT ABOUT THIS

A:YES THE CHAZONISH IS HE ASKS WHY DONT YOU HAVE TO ERASE THE ENTIRE LETTER(FOR MORE SEE NOTE 106)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 10 2011


S"A SIMAN 32 SIF 16 MISHNA BERURA SIF KATAN 51
However, the M.A., in the name of the Maharit, writes that it is necessary to cover what is in front of /the letter

MISHNA BERURA DIRSHU CHELEK 1
Q:WHAT IF THE TINOK CAN READ IT

A:THE MISHNAS SOOFRIOM SAYS YOU ARE ABLE TO LEAVE IT AND YOU DONT NEED TO FIX IT BUT THE MISHNAS SOFER SAYS NEVERTHELESS ITS GOOD TO FIX IT PERHAPS IN THE FUTURE THEIR WILL BE A DOUGHT(FOR MORE SEE NOTE 88)

Wednesday, January 12, 2011

[chicago-aneinu] Update! Woman on Respirator

Chasdei Hashem, my aunt, Leah Devora bas Esther, was not removed from the respirator today. Our tefillos must have been heard and my aunt's family has delayed removing the respirator until Friday. Hashem is obviously listening to our tefillos on her behalf. Please keep up your tefillos and any mitzvos you can do in her zechus.

[chicago-aneinu] Chasdei Hashem!

Baruch Hashem, we can remove Eliezer Shumel from tehillim lists. Bli ayin hara he is doing great and bezras Hashem should have continued health and be a source of nachas to all.
Thank you to the entire community for all of your tefilos on behalf of Eliezer Shmuel ben Penina Yosefa.

--

URGENT! TEHILLIM 4

Dina bas Yehudis

A member of Anash who will be undergoing a difficult and intricate operation IYH on Thursday morning @ 1:00 AM EST(12:00 CHICAGO TIME)

If you are reading this after the time, please say Tehillim for a speedy recovery.

[chicago-aneinu] Urgent! Please Daven Now!

From an Aneinu member:

My aunt is on a respirator and at the order of her family (who is not frum) is going to be removed from the respirator today. The doctors are not confident that she will be able to breathe once the respirator is removed. If you could send out her name so that people could say a kapitel Tehillim for her and do a mitzvah in her zechus I would really appreciate it. Her name is Leah Devora bas Esther.

Tuesday, January 11, 2011

Melacha #1 – Choreish (Plowing)


As discussed in Mitzvah #32, there are 39 categories of constructive labor called melachos. These are the acts that were performed in the construction of the Mishkan (Tabernacle). These and similar actions are forbidden on Shabbos. Once a week for 39 weeks, we will briefly discuss one of the 39 melachos.

The first 11 melachos are called “sidura d’pas,” “the order of (making) bread” and they are agricultural in nature (see Talmud Shabbos 74 and Rashi there). There were two reasons for agricultural activity. The first was to grow plants needed to produce necessary dyes; the second was to make the lechem hapanim (“show bread”) for the Mishkan.

The av melacha (primary labor) of choreish involves using a plow to loosen the soil so that seeds may be planted. For practical purposes, any act that loosens soil or makes it more suitable for planting is a toldah (derivative labor) of choreish.

A famous derivative of choreish discussed by the Talmud in Shabbos 29b is called “goreir,” meaning “dragging.” One may not drag a heavy chair or bench on the dirt because of the inevitability that it will carve ruts in the ground. Even though one does not intend to do so, he would be violating the prohibition on plowing.

Smoothing out the soil, to fill holes or flatten bumps, is also forbidden as a derivative of choreish. So, while walking on soil is permitted, rubbing one’s foot on it is not.

This is just an introduction to the concepts of the melacha of choreish; it is not a substitute for a full study of the halachos.

[chicago-aneinu]Surgery Wednesday - Please Daven

Tzvia bas Chana Devorah's surgery didn't take place yesterday;it was postponed until tomorrow at 10 AM.
Please daven for Aneinu member, Tzvia bas Chana Devorah, who will be having surgery tomorrow,
Wednesday at 10:00 AM.

[chicago-aneinu] Jewish Families in Australia Affected by Flooding

My Australian friend, Debbie, who writes the Torah blog: Shirat Devorah - wrote this note below to share with the Aneinu women in Chicago and thanks everyone for their extra prayers.......

People here are very scared, no-one has ever seen anything like this. Not only are their homes destroyed, whole towns are under water, the biggest supermarket in one place has water covering its roof. All the local businesses are under water. Many people are missing. The rain continues to pour down, and they say it's going to rain until March (!!!) But they can't predict the weather, even though they say they can, so anything could happen. Meanwhile we have water pouring down the eastern side of Australia, further and further south, affecting more and more townships.

Thank you for your prayers, we need them more than ever.

Devorah

Jewish Queenslanders are among the thousands of people affected by the recent disastrous floods in the Sunshine State of Australia.

The flooding has severely impacted central Queensland and the state's southern inland regions, with thousands of properties being affected in Emerald, Bundaberg, Rockhampton and other towns.

Rabbi Moshe Loebenstein of Chabad of Rural and Regional Australia (RARA) said Jewish families caught in the floods had been affected in different ways.

There are around 80 Jewish families known to Chabad of RARA in the affected area.

"There are some that are just waiting for the water to go down so they can see their property again," he said. "[But] there are others that have moved in with family and friends further south and they don't even know, they have no idea what's going to be once the water resides."

He was glad to report that that there were no Jewish casualties. "Thank God everyone that we know, that we've made contact with, is alive and safe," he said.

Rabbi Loebenstein has been busy networking with families known to Chabad of RARA that live nearby who aren't affected, asking for their support.

"Many of them have volunteered to take people in, to provide dry clothing and food for the next couple of weeks," he said.

He has also been providing religious items to families that may have lost them.

"I've got mezuzot and so on lined up here ready to post out if need be," he said. "Once we know they're safe and well my concern is to make sure that their religious needs are taken care of, especially at a time like this."

Queensland Jewish Board of Deputies President Jason Steinberg thanked Chabad of RARA for their efforts, adding "All the assistance that Australian Jewry can give to those affected by the floods, both Jewish and non-Jewish, will be accepted with appreciation."

Nine people have died in the floods, while damage to property and infrastructure have added to the economic cost, which is already running into the billions of dollars after crop losses and mining disruptions.

Monday, January 10, 2011

Fw: [chicago-aneinu] Tehillim Gathering Tuesday for Baby Dafna Erella

Young Israel of West Rogers Park will be having a Ma'ariv service and a group tehillim reading for a refuah sheleima for Dafna Erellah Goldberg (Dafna Erellah bat Dina MalkaTUESDAY EVENING, JANUARY 11th begining at 8:00 p.m. at the shul.  As young Dafna continues to face challenges, we ask that everyone continue to keep her and the entire Goldberg family in our thoughts and teffilot.

If you are in Chicago, we appreciate you attending.  If you are receiving this email in another location, we appreciate you please davening and saying tehillim on Dafna's behalf at 8PM CST, if possible.  Please pass this and Dafna's name to others too.  Dafna Ar Ella bas Dina Malka

Dafna is presently not absorbing any nutrients and keeps dehydrating.  Her digestive system is not functioning.  It's not yet known why.  She's been tested for various diseases.  The tests did show that her hearing was damaged from the antibiotics but to what extent is also unknown.  Right now, enabling Dafna to be hydrated and absorb nutrients seems to be the focus.

We greatly appreciate everyone's continued tefillos, achdus, focus when saying the bracha asher yatzar and fervently daven for a refuah sholaima for Dafna Ar Ella bas Dina Malka and all who need.

B'soros Tovos,
Eliza Jordan

Fw: [chicago-aneinu] Name Added - Please Continue to Daven

Please continue to daven for the brother of an Aneinu member, Matisyahu Leib ben Chaya, who is now Chaim Matisyahu Leib ben Chaya. May he have a refuah shlema bsoch sha'ar cholei Yisroel.

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 9 2011


S"A SIMAN 32 SIF 14 MISHNA BERURA SIF KATAN 33
The Rami writes that their scribes employ a different solution. All the parchments are /made/ equally /large/, with the same length and the same thickness, but margins are left /blank/ in /the parchments of/ the short passages.

MISHNA BERURA DIRSHU CHELEK 1
Q1:WHAT DO WE DO NOWADAYS

A:KISAS HASOFER SAYS NOWADAYS WE ARE NOT NOHAG ALL THESE THINGS ALL THE PARSHIOS ARE EQUAL(FOR MORE SEE NOTE 63)

SIF 15 MISHNA BERURA SIF KATAN 43
This even /applies/ if a child who is neither /especially/ intelligent nor /especially/ simple has read the letter /correctly/

MISHNA BERURA DIRSHU CHELEK 1
Q2:WHAT ABOUT KRIAS HATORAH

A:THE CHAZONISH WRITES WE CAN BE MAKEL AND RELY ON THE RAMBAM WHO SAYS ITS MUTER TO READ FROM A PASUL TORAH(FOR MORE SEE NOTE 83)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 8 2011


S"A SIMAN 9 MISHNA BERURA SIF KATAN 28
/For/ the application of the non-Jew for this /purpose/ is not required except at the point when they are placed in the lime and for so short a time he will heed /the Jew/ and place /them there/ with this in mind.

MISHANA BERURA DIRSHU CHELEK 1
Q:WHY

A:THE CHAZONISH EXPLAINS THE MACHSHAVA LISHMA OF THE AKUM DOSNT MEAN ANYTHING RATHER SINCE IT IS RECOGNIZABLE THE 1ST WORK OF THE GOI DID UNDER THE COMMAND OF THE YISRAEL ITS LIKE THE GOI THE SHLIACH OF THE JEW AND THE MACHSHAVA LISHMA OF THE YISRAEL HELPS(FOR MORE SEE NOTE 53)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 7 2011


S"A SIMAN 32 SIF 7 MISHNA BERURA 21
However, once it is after the event, the tefillin /passages/ should not be /ruled as/ invalid

MISHNA BERURA CHELEK 1
Q1:SHOULD YOU DO SIRTUT AFTER WRITING EVEN THOUGH ITS NOT PASUL

A:THE MISHNAS HASOFER SAYS YOU SHOULD MDIN SFEK SFEKA SAFEK MAYBE YOU DONT NEED SIRTUT AND IF YOU YOU NEED SIRTUT PERHAPS SIRTUT HELPS AFTER THE WRITING(SEE NOTE 34)

SIF 8 MISHNA BERURA SIF KATAN 26
Despite /its greater holiness/, one may divert /parchment designed for use in a Torah Scroll/ to /use/ for tefillin /passages/ or mezuzos, although these have a lesser /degree of/ holiness.

MISHNA BERURA DIRSHU CHELEK 1
Q2:1 SHOULD YOU NOT SAY

A:DONT SAY LISHAM KIDUSHAS TEFILLIN OR MEZZUZAH B/C THEN YOUR NOT GOING TO BE ABLE TO MAKE A SEFER TORAH OUT OF IT B/C THE SEFER TORAH KEDUSHA IS MORE CHAMUR THEN TEFILLIN AND MEZZUZAH(SEE NOTE 49)

Sunday, January 9, 2011

[chicago-aneinu] Chasdei Hashem!

BS"D
Dear Aneinu Members,

B'chasdei Hashem, we can remove "Netanel Yosef Ben Simcha Sima" from the cholim list. I received the following message:

You may remove the name of my grandson Netanel Yosef Ben Simcha Sima (Yossi Menora) from your Tehillim list. He is progressing nicely, Baruch Hashem, and I thank everyone for their tefillos.


May "Netanel Yosef Ben Simcha Sima" live a long and healthy life. May we hear besoros tovos.

[chicago-aneinu] Women's Tehillim Tonight

Please join us TONIGHT, Sunday, January 9, for a Tehillim session on behalf of Mr. Barry Leib, the father of KINS member Rachel (Richard) Silverman - Beryl Shlomo ben Ita - who is in need of a refuah shelimah, and for all other cholim in our community who are also in need of our prayers.
The Tehillim session will take place at the home of Dovi and Rachel Mauer, 2957 W. Jarvis, tonight at 9 p.m.

[chicago-aneinu] Surgery Monday - Please Daven

From an Aneinu member:

Please daven for Moshe Eliezer ben Leah who will be having serious surgery tomorrow, Monday.

[chicago-aneinu] Surgery Monday - Please Daven

Please daven for Aneinu member, Tzvia bas Chana Devorah, who will be having surgery on Monday at 10:00 AM.

Saturday, January 8, 2011

URGENT! TEHILLIM 4

Rivkah bas Sarah Basya
A Shlucha in critical condition

PLEASE DAVEN 4

Gabrielle Giffords critical after being shot in the head(IF ANYONE KNOWS HER HEBREW NAME PLEASE COMMENT)

[chicago-aneinu] Please Daven

Please daven for the close friend of an Aneinu member, who was just admitted to hospice, Pesach Itimar ben Vivienne.

Friday, January 7, 2011

BAIS HAVAAD ON THE PARSHA Parshas BO: Agents & Fiduciaries



In this week's Parshah the Torah commands every Jew to sacrifice the Korban Pesach each year on the eve of the holiday of Pesach. The Gemora (Kiddushin, 41b) interprets the verse as informing us that as a matter of Halacha it is technically possible for the entire Jewish nation to fulfill this obligation by slaughtering - one single lamb. This presents an obvious difficulty: how is it possible for every single Jew to actually slaughter the one Pascal lamb? In answer, the Gemora derives from this instruction the concept of Shlichus - agency. In many circumstances, one may carry out a mitzvah even without actually performing it oneself, but by instructing someone else to act as an agent on one's behalf. Thus, if all of Israel instruct one man to slaughter the sacrifice, they have all fulfilled their obligation as if they themselves had performed the mitzvah. The Gemora further explains that this Featured Audio: Agents & Fiduciariesverse serves as the source for the concept of agency in other areas of the Torah as well.


In this week's Journal we will consider some of the Halachos of Shlichus - agency.


Click here for this week's Featured Audio Shiur by Rav Yosef Greenwald:

Shlichus

By: Rabbi Yehonoson Dovid Hool



As a general rule, the Torah considers the actions of one's agent ("shaliach") to be as if one had performed them oneself, a concept known as "shlichus". There are countless applications of this concept in Halacha. In this article we will examine some of the more common ones.



A Shaliach for Financial Matters

A common application of the principle of Shlichus is that one may make use of a shaliach to perform one's financial business. For example, if one wishes to purchase a piece of real estate, but for whatever reason one is unable to be present for the signing of the agreement, one can appoint someone else to sign on one's behalf. When one's shaliach signs the deed and other related documents on one's behalf, the Torah considers it as if one had done so oneself.



A Shaliach for Mitzvos



One is often permitted to appoint a shaliach to perform a mitzva on one's behalf and it will be considered as if one had personally performed the mitzva oneself. A common example of this is with regards to the mitzva of bris milah. Although every father is personally commanded to circumcise his son, most people are simply unqualified to do so. Therefore, the father appoints a professional mohel to be his shaliach to perform the mitzva of bris milah upon his son on his behalf.



It is worth noting that even though one is permitted to appoint a shaliach to do most mitzvos on one's behalf, it is still preferable for one to perform such mitzvos oneself wherever possible.[1] A famous example of this is with regards to preparing for Shabbos. Even though one is permitted to hire others to clean one's house and cook one's Shabbos meals, it is preferable to do so oneself. Even the great sages of the Talmud would personally tend to their Shabbat preparations themselves rather than have someone else do it for them.



How to Appoint a Shaliach



One may appoint a shaliach by simply instructing him orally and it is unnecessary for witnesses to be present.[2] In fact, the shaliach himself does not need to be present when he is appointed as one can appoint a shaliach over the telephone or in writing.[3]Who is Eligible to be a Shaliach?



In order to be eligible to serve as a shaliach for a mitzva on behalf of someone else, one must be personally subject to that same mitzva oneself. For this reason, an Eved Canaani - a slave - may not serve as a shaliach to deliver a get. This is because although a slave is indeed obligated to perform many mitzvos, he is not bound to the requirements of marriage or divorce like regular Jews. As such, a slave may not serve as a shaliach in such matters. Similarly, since a non-Jew is not subject to any of the mitzvos of the Torah he may not serve as a shaliach to perform any of them, either.


A Shoteh


A Shoteh (a person who is mentally challenged to the extent that according to Halachah he is not responsible for his actions) cannot appoint a shaliach to act on his behalf, much as he cannot effect any kinyanim according to Halacha.

An interesting question arises in the case of a sane person who appoints a shaliach to act on his behalf, and then goes insane before the shaliach actually carries out his appointed task. Ketzos Hachoshen[4]quotes the Tur[5]as ruling that the appointment is automatically invalidated the moment that the delegator becomes Halachically irresponsible for his actions. According to the Rambam[6], however, since the authority to act has been passed over to the shaliach, this will be unaffected by the delegator going insane.[7]



An Employee


The Talmud teaches that "yad po'el k'yad ba'al habayis - the hand of an employee is considered to be like the hand of the employer."[8] As such, if one hires an employee to collect ownerless items from the street, the items become the property of the employer as soon as the employee picks them up.

Some authorities extend this concept and rule that a paid employee is more than the shaliach of the employer, he is his "actual hand".[9]

According to this approach, even a non-Jew who is ordinarily ineligible to serve as a shaliach for a Jew is able to act on behalf of a Jew if he is a paid employee. Other authorities disagree and rule that anyone ineligible from serving as a shaliach will remain ineligible even if he is a paid employee.[10]



A Shli'ach who deviates from his instructions


A shaliach who is authorized to act on someone's behalf may not deviate from the instructions given to him, and if he does so his actions are invalid and do not oblige the one who appointed him. This is so even with regard to unstated stipulations, if it is clear to all that they were the intent of the delegator. So for example, it was common practice when buying real estate to require the seller to provide a written guarantee that the money will be returned to the buyer in the event that the land is repossessed by a creditor of the seller who has a lien on the land. If one appointed a shaliach to buy some real estate, and he signed on the delegator's behalf for the purchase of land, but included a clause that released the seller from any such guarantee, the buyer can invalidate the sale by stating, "Letikunei shedartich veloh le'avussy," - that his shaliach has exceeded his authority and as such his actions do not obligate the buyer.[11]



Appointing a Shaliach to Sin


One notable exception to the concept of shlichus is that one may not appoint a shaliach to violate a prohibition of the Torah, a principle known as "ein shaliach l'dvar aveira". Any such appointment is invalid, in that the shaliach himself is responsible for any transgressions he performs in the course of his mission and he may not claim that he was simply acting on behalf of the one who appointed him. The Talmud labels such an illegitimate arrangement as "divrei harav v'divrei hatalmid, divrei mi shom'im? - If the master says one thing and the student says something to the contrary, to whom should one listen?"[12] In other words, one may not violate the word of Hashem on behalf of or in the service of anyone.

As to the validity of the act carried out, there is a difference of opinion among halachic authorities regarding, for example, one who appointed a shaliach to marry a woman on his behalf whom he is forbidden to marry.[13] According to some authorities, since one cannot appoint a shaliach for something which the Torah forbids, it follows therefore, that the shaliach's mission is invalid and void. Others, however, argue that such an act is legally binding and the marriage is valid. Either way, based on the principle of "ein shaliach l'dvar aveira" it is the shaliach, not the dispatcher, who bears responsibility for any transgressions that might have been committed.



Cancelling a Shaliach


If one wishes to cancel a shaliach before he had a chance to perform his task, one can do so by simply declaring, orally or in writing, that one is cancelling and retracting the authorization.[14] So too, if one who appointed a shaliach dies before the shaliach carried out his appointed task, the shlichus is automatically annulled.





[1]Kiddushin 41a.

[2]The only exception to this rule is when appointing a shaliach for matters relating to marriage and divorce. According to most opinions such matters require witnesses to be present when the shaliach or shluchim are appointed. EH 141:11,13

[3] A shaliach who is appointed to write a get, however, must be appointed orally, face to face.

[4] 188:2

[5] Even Ha'ezer, 121

[6] Hilchos Gerushin, 2:15

[7] Uniquely, in the case of a shaliachto give over a Get, the Rambam actually concurs that the shlichus will be invalidated if the husband, who appointed the shaliach, becomes insane, but this is only a rabbinic injunction that is unique to this case. For all other circumstances, the Rambam implies that the shlichus would remain valid.

[8]Bava Metzia 10a.

[9]Nesivos Hamishpat 188:1; Maharit Algazi, Hilchos Bechoros 4:50.

[10]Maharit Algazi ibid.

[11] Shulchan Aruch, Choshen Mishpat, 182:6

[12]Kiddushin 42b. See Shach, CM 348:6 regarding a shaliach who was unaware that his mission was a transgression of the Torah.

[13]See Tosfos, Bava Metzia, 10a.

[14]A shaliach who was appointed for matters relating to divorce can only be cancelled in the presence of witnesses

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 6 2011


S"A SIMAN 32 SIF 1 MISHNA BERURA SIF KATAN 1
One must write the /letter/ DALED of /the word/ ECHAD as large as four small DALED /letters/.

MISHNA BERURA DIRSHU CHELEK 1
Q:BIDEVED IS IT OK IF YOU DONT DO THIS

A:THE KISAS SOFER SAYS IF YOU DO A REGULER DALED BIDIEVED ITS OK(SEE NOTE 1)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 jan 5 2011


S"A SIMAN 31 SIF 2 MISHNA BERURA SIF KATAN 8
The Acharonim agree with the opinion of the Taz, that it is preferable to don /tefillin on Chol Ha- Mo’ed/ without /making/ a blessing /over them/.

MISHNA BERURA DIRSHU CHELEK 1
Q:NOWADAYS WHAT DO THEY DO IN ERETZ YISRAEL

A:RAV TOKZINSKI IS HIS LUACH THE SHEVET HALAVEI AND THE SHONE HALACHOS SAY NOT TO PUT ON TEFILLIN ON CHOL HAMOED(SEE NOTE 4)

[chicago-aneinu] Setback for Dafna ArElla - Please Keep Davening

Dafna Ar Ella bas Dina Malka was hospitalized again today. She's been having a severe upset stomach for the last week along with other symptoms that mimic the original symtoms she had when the blockage first appeared. Tests are being run while she's being carefully monitored to determine if there is another blockage, her intestines haven't yet properly been able to work, or if she has a virus on top of the intestinal surgery. Other functioning tests are also being done.

Please continue daveing for Dafna Ar Ella bas Dina Malka and having her in mind when saying the bracha asher yatzar.

May she continue fighting for and have a refuah sholaima along with all who need! May our unity in davening for her and others as well as a heightened awareness of the nissim involved in how Hakodesh Baruch Hu constantly renews and maintains our bodies catalize renewal and yeshuos on every level as we go into Shvat! I will continue to keep you updated with what, b'ezras H", should be b'soros tovos.

Good Chodesh,

Wednesday, January 5, 2011

[chicago-aneinu] Please Daven

From an Aneinu member:

Please daven for Michoel ben Chaya.

Tuesday, January 4, 2011

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 4 2011


S"A SIMAN 28 SIF 1 MISHNA BERURA SIF KATAN 2
See the P.Mg.

MISHNA BERURA DIRSHU CHELEK 1
Q1:WHAT DOES THE P.M.G SAY

A:YOU SHOULD TOUCH THE TEFILLIN DURING TEFILLAH WE LEARN NOT TAKING YOUR MIND OFF IT LIKE THE TZITZ YOU NEED TO BE THINKING ABOUT THE TZITZ DURING THE AVODAH(FOR MORE SEE NOTE 3)

SIMAN 30 SIF 2 MISHNA BERURA SIF KATAN 5
That the Sages only forbade one to don /tefillin/ at night initially.

MISHNA BERURA DIRSHU CHELEK 1
Q2:WHAT DO YOU DO WHEN YOU RUN OUT OF TIME DURING THE DAY TO PUT ON TEFILLIN

A:THE BAS BARUCH WRITES IN THE NAME OF THE GOAN MTSHABIN SAYS THAT YOU CAN PUT TEFILLIN ON AT NIGHT WITH A BRACHA B/C MIN HATORAH YOU CAN WEAR TEFILLIN AT NIGHT THE RANBANAN DID NOT MAKE A GIZARA WHEN THE MITZVA WILL BE COMPLETELY BATUL NEVERTHELESS IF THEIR STILL A LITTLE TIME IN THE DAY PUT THEM ON THEN WITH A BRACHA(SEE NOTE 3)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 3 2011


S"A SIMAN 27 SIF 11 MISHNA BERURA SIF KATAN 38
If /while one donned tefillin/ they became inverted, it is an act of piety to fast or to redeem /the fast/ with charity.

MISHNA BERURA DIRSHU CHELEK 1
Q:ARE YOU YOTZE YOUR CIUV OF TEFILLIN

A:THE BIUR HALACHA SAYS IT IS A MACHLOKES IN THE POSKIM AND THE NAFKA MINA IS A BRACHA LIVATALA(SEE NOTE 21)

[chicago-aneinu] Please Daven Toddler Hit By a Car

Please daven for Yosef Yitzchak Ben Chava Yital, a toddler who was hit by a car in Williamsburg and is in critical condition.

[chicago-aneinu] Please Daven - Surgery Today

Please daven for Mina bat Henrietta who is having surgery today.

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 2 2011


S"A SIMAN 27 SIF 5 MISHNA BERURA SIF KATAN 5
Regarding donning the tefillin over one’s shirt, however, there are /authorities/ who say thatit is prohibited

MISHNA BERURA DIRSHU CHELEK 1
Q1:WHAT ABOUT A CAST IS IT THE SAME AS A SHIRT


A:RAV MOSHE IN IGROS MOSHE AND S"T CHELKAS YAAKOV SAY NO B/C THE CAST IS BATUL TO THE HAND(SEE NOTE 7)

SIF 6 MISHNA BERURA SIF KATAN 27
If one was not born like that, but only accustomed himself afterwards to write with the left /hand/ and does his other actions with his right /hand/, he should don /the tefillin/ on /the arm which is/ the left /arm/ for everybody else.

MISHNA BERURA DIRSHU CHELEK 1
Q2:YOU WRITE WITH YOUR LEFT HAND AND DO EVERYTHING ELSE WITH YOUR RIGHT HAND WHERE DO THE TEFILLIN GO

A:RAV MOSHE IN IGROS MOSHE SAYS WE GO BY YOUR EVERYTHING ELSE HAND(THE RIGHT HAND)(FOR MORE SEE NOTE 12)

Sunday, January 2, 2011

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 JAN 1 2011


S"A SIMAN 27 SIF 1 MISHNA BERURA SIF KATAN 6
but if one became stumped on the right /, then/ even if his entire arm has been severed he is obliged to /don/ tefillin

MISHNA BERURA DIRSHU CHELEK 1
Q:IF A PERSON HAS NO RIGHT HAND WHAT SHOULD HE DO ABOUT TEFILLIN

A:THE TZITZ ELIZER SAYS PUT IT ON YOUR LEFT HAND(FOR MORE SEE NOTE 3)

MISHNA BERURA YOMI MISHNA BERURA DIRSHU CHELEK 1 DEC 31 2010


S"A SIMAN 25 SIF 13 MISHNA BERURA SIF KATAN 55
For circumcision /serves as/ a sign and tefillin also /serve as/ a sign.

MISHNA BERURA DIRSHU CHELEK 1
Q1:BY MILA WHAT IS THE SIGN

A:RAV MOSHE IN IGROS MOSHE SAYS THE SIGN IS THE 1 WHO IS GETTING MOHAL BUT OTHER POSKIM BRING THE SEMAG IT IS THE ACT OF MILAH WHICH IS THE SIGN(FOR MORE SEE NOTE 41)

SIMAN 26 SIF 1 MISHNA BERURA SIF KATAN 1
However, the permission to don only one unit in such circumstances/ applies only if one will be able to don the second tefillin unit

MISHNA BERURA DIRSHU CHELEK 1
Q2:IF YOUR NOT GOING TO BE OVER ZIMAN KRIAS SHEMA SHOULD YOU WAIT FOR THE SECOND TEFILLIN

A:THE BIUR HALACHA SAYS YOU SHOULD WAIT(SEE NOTE 3)