REVACH L'DAF
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SUMMARY
If a Ganav appoints a Shali'ach to slaughter or sell a stolen ox or lamb the Ganav is Chayav four or five.
It is a Machlokes if we may learn out a Din when there are two Pesukim that teach the same Din.
If a Shali'ach is instructed to slaughter a Korban outside the Beis ha'Mikdash the Shali'ach is Chayav not the Meshale'ach
If two people hold a knife and together they slaughter a Korban outside the Beis ha'Mikdash they are Patur.
If a person unintentionally slaughters a Korban outside the Beis ha'Mikdash he is Patur.
If a Shali'ach is instructed to kill a person the Tana Kama says that the Shali'ach is Chayav, while Shamai ha'Zaken says in the name of Chagai ha'Navi that the Meshale'ach is Chayav. (1)
The Tana Kama holds that David was not punished for instructing Yo'av to kill Uriah ha'Chiti because he was Mored b'Malchus (insubordinate to the King). (2)
Shamai agrees with the Tana Kama that if someone instructs a Shali'ach to Bo'el and Ervah or to eat Chelev the Shali'ach is Chayav, not the Meshale'ach. (3)
Rav says that a Shali'ach may b e a witness and the Dvei Rebbi Shlia holds that a Shali'ach may not be a witness. (4)
Beis Shamai holds that if someone instructs three people to be Mekadesh a woman for him one of them is a Shali'ach and two of them are witnesses.
Beis Hillel holds that all three of them are Sheluchim and a Shali'ach may not be a witness.
According to R. Nasan, Beis Hillel that if someone instructs two people to be Mekadesh a woman for him one of them is a Shali'ach and both of them are witnesses are witnesses, while Beis Shamai holds that a Shali'ach may not be a witness (5)
R. Nachman holds that a Shali'ach may be a witness for Kidushin, Gerushin and for paying back a Chov.
According to the opinion that someone who borrows money in front of witnesses must pay back in front of witnesses a Shali'ach is not believed to testify that he paid back a Chov to the lender. (6)
Now that the Chachamim instituted a Shevu'as Heses even according to the opinion that a person who borrows money in front of witnesses is not obligated to pay back in front of witnesses the Shali'ach is not believed that he gave the money to the lender. (7)
If a Na'arah ha'Me'orasah is divorced she or her father may receive her Get according to the Tana Kama. (8)
Rebbi Yehudah holds that only the father may receive the Get of a Na'arah ha'Me'orasah.
If a wife is incapable of guarding her Get she may not be divorced [because she is a Shoteh].
Reish Lakish says that the same Machlokes applies to Kidushin and according to the Tana Kama a Na'arah may accept her own Kidushin.
R. Yochanan holds that the Tana Kama agrees with Rebbi Yehudah regarding Kidushin that only the father may accept the Kidushin of a Na'arah.
A BIT MORE
1. According to some opinions the Meshale'ach is only Chayav b'Dinei Shamayim according to Beis Shamai. Although the Tana Kama also holds that the Meshale'ach is Chayav b'Dinei Shamayim, however the Tana Kama holds he is not punished as a murderer, only as a Gorem (indirectly causing a person's death), while according to Shamai he is punished as a murderer
2. He was Mored b'Malchus when he called Yo'av 'Adon'(lord) in front of the King
3. Because we never find that one person enjoys and the other is Chayav.
4. The Dvei Rebbi Shlia hold that since a Shali'ach of a person is like himself the Shali'ach is like the Guf of the Meshale'ach.
5. However Beis Shamai agrees that if three people are instructed to be Mekadesh a woman one of them may be a Shali'ach while the other two are witnesses.
6. A Shali'ach is not believed because in the event that the borrower gave him the money in front of witnesses he is Noge'a b'Davar. If he does not testify that he gave the money to the lender, the borrower could demand the money back. Therefore by virtue of testifying that he gave the money to the lender he is avoiding paying back the money to the borrower.
7. Because if the Shali'ach testifies that he gave the money to the lender he is circumventing the need to swear a Shevu'ah Heses. Without the testimony of the Shali'ach that he gave the money to the lender the borrower can force him to swear a Shevu'ah Heses that he returned the money to him. Therefore if the Shali'ach claims that he gave the money to the lender he is not believed and he must swear a Shevu'ah Heses that he gave the money. If the lender claims that he never received the money and that he does not trust the Shevu'ah of the Shali'ach, the lender swears that he never received the money from the Shali'ach and he collects from the borrower.
8. However if she is divorced after Nisu'in only she may receive her Get, not her father, because once she is married she is no longer in the Reshus of her father.
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BRIEF INSIGHT
KEEPING A DISTANCE FROM SIN
Although the Din is that Ein Shali'ach l'Devar Aveirah, however a person should take care not to be the cause of a transgression. We find that the Pasuk attributes the death of Uriyah to David ha'Melech; Nasan ha'Navoi admonished David ha'Melech 'You killed him with the sword of the Bnei Amon'. Even though the intent of the Pasuk is that David will not be punished for the death of Uriyah, however the simple meaning of the Pasuk is that David is culpable in his death. Even in a case that the Shali'ach benefits from the Aveirah, such as when the Shali'ach is instructed to Bo'El and Ervah or to eat Chelev, a person should avoid being the cause of another person's transgression. (Meiri)
QUICK HALACHAH
EIN SHALI'ACH L'DEVAR AVEIRAH
If someone points an object to his friend with the intention that his friend will steal it, or he sends a Shali'ach to steal an object, the Meshale'ach is not Chayav because Ein Shali'ach l'Devar Aveirah. However if the Shali'ach is not a Bar Chiyuva according to some opinions the Meshale'ach is Chayav. (Shulchan Aruch CM 348:8)
When the Shali'ach is not a Bar Chiyuva the Sevara of Divrei ha'Rav v'Divrei ha'Talmid Divrei Mi Shomin does not apply since he is not a Bar Chiyuva. (Sm'a)
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