1)

CAN ONE MAKE A SHALI'ACH FOR SOMETHING THAT HE CANNOT DO NOW? [Shelichus]

(a)

Gemara

1.

(R. Yochanan): If Reuven made David a Shali'ach to be Mekadesh an unspecified woman and David died, Reuven may not marry any woman. (Perhaps David was Mekadesh her relative to Reuven!)

2.

(Rava): R. Yochanan agrees that Reuven may marry Leah if she has no (unmarried) daughter, granddaughter, mother, grandmother or sister.

3.

Even if she has a sister (or another of these relatives), but the sister was divorced (or widowed) after Reuven appointed the Shali'ach, Leah is permitted to Reuven.

4.

Question: Perhaps David was Mekadesh her sister to Reuven!

5.

Answer: One authorizes a Shali'ach (with intent) only for something possible at that time.

6.

Question (Mishnah): Levi said 'I am a Nazir, and it is Alai to bring Korbanos of a Nazir.' Shimon heard this, and said 'I also, and it is Alai to bring Korbanos of a Nazir.' If they are clever, each brings the Korbanos of the other.

i.

Inference: Levi intended to bring Korbanos even of one who was not a Nazir at the time of the vow. We should likewise say that Reuven appointed David to be Mekadesh even a woman who was divorced only later!

7.

Answer: One can authorize a Shali'ach only for something that he could do now.

8.

Kidushin 62a - Question (Rav Asi): If one said 'detached fruits of this patch should be Terumah on the attached fruits of this patch (or vice-versa) when they are picked' does this work (after they are picked)?

9.

Answer (R. Yochanan): If one can do something (e.g. pick fruits), it is not Me'akev (it does not hinder things if it was not done).

10.

Support (Beraisa): We cannot separate detached produce to be Terumah on attached produce. B'Di'eved, it does not take effect;

i.

This is if he said 'these detached fruits should be Terumah on these attached fruits (or vice-versa).' If he said that they should be Terumah when they are picked, it works (after they are picked);

ii.

R. Eliezer ben Yakov says, even if he said 'these detached fruits should be Terumah on these attached fruits (or vice-versa) after they grow to a third of their full growth and are picked', this works.

11.

(Mishnah): If Reuven told Shimon 'if your wife gives birth to a girl, she is Mekudeshes to me' (and gave to him money), this has no effect.

12.

(R. Chanina): If Shimon's wife was pregnant, the daughter is Mekudeshes.

13.

She must be visibly pregnant.

14.

63a (Abaye): R. Eliezer ben Yakov, Rebbi and R. Meir all hold that Adam Makneh Davar she'Lo Ba l'Olam (one can transfer ownership now of something not yet in the world).

15.

Yevamos 52a (Rami bar Chama): One can authorize a scribe to write a Get to his wife before Nisu'in to give it after Nisu'in, since he could divorce her now

16.

Question: What is the law regarding his Yevamah?

17.

The question is unresolved.

(b)

Rishonim

1.

Rambam (Hilchos Ishus 7:17): If Reuven told Shimon 'if your wife gives birth to a girl, she is Mekudeshes to me' (and gave to him money), this has no effect. If Shimon's wife is pregnant, the daughter is Mekudeshes.

2.

Question: It is common practice for a woman to ask her friend 'knead my flour and separate Chalah (a piece of a dough that is given to a Kohen, like Terumah).' Why is this valid? She cannot separate at the time of Minuy (authorization), for one cannot separate Chalah before Kohen Gadol!

3.

Answer #1 (Beis Yosef YD 327 DH Aval): The Re'em says that one can separate flour to be Chalah after the dough will be kneaded, because we hold like R. Eliezer ben Yakov. Sefer ha'Terumos says that this is why a woman can authorize her friend to knead flour and separate Chalah.

4.

Answer #2 (R. Tam, in Tosfos Nazir 12a DH Mai): Even though the Shali'ach could not make the flour Chalah at the time of Minuy, he could take a kneaded dough and say that it will be Chalah on the flour he was given after he kneads the flour. Something that is b'Yado (he can do it) is like Davar she'Ba l'Olam.

i.

Question (R. Akiva Eiger YD 328:3 DH v'Lomar): Why did R. Tam need to say so? One could say now that the flour will be Chalah after he kneads!

5.

Question: Why was it a question whether or not one can authorize a Get to his Yevamah? It is b'Yado to do Yibum, even against her will!

6.

Answer (Tosfos, ibid.): B'Yado does not help if an action must be done first. This is why it did not suffice to say that one can make a Shali'ach to separate Chalah because it is b'Yado to knead the dough.

i.

Rebuttal (Orach Mishor DH Sham): There is no distinction between a husband and his Shali'ach writing a Get. Rashi and the Rambam explain that it can be Lishmah only if she is considered apt to be divorced. The Gemara discussed a typical case: one writes a Get in advance only if he does not know how to write a Get himself, and fears lest a scribe not be available later.

ii.

Question (R. Akiva Eiger Nazir 12a): Tosfos assumes that Yibum is called b'Yado. If so, surely he can write or authorize a Get now, just like regarding Chalah!

iii.

Note: Tosfos seems to answer both questions of R. Akiva Eiger by saying that b'Yado is like Davar she'Ba l'Olam only when no action needs to be done. The Gra (YD 327:1) says that b'Yado helps even to declare attached produce to be Terumah on attached produce after both are detached. Perhaps Tosfos holds that b'Yado helps only 'on one side.' I.e., the Gemara discussed specifically when one of them (what will become Terumah, or what will be exempted) is already detached. The same applies to Chalah. This is why R. Tam needed to say that she could declare to be Chalah a dough already kneaded. Perhaps the question about a Yevamah was if b'Yado helps because only one act (Yibum) must be done, or if it is like Lo Ba l'Olam because neither side (he or she) is 'ready' for divorce now.

(c)

Poskim

1.

Shulchan Aruch (YD 327:1): If one separated flour to be Chalah, it is not Chalah. This is if he said that it should be Chalah now, before kneading. If he said that it should be Chalah after the dough is kneaded, it takes effect.

i.

Gra (1): Be'er ha'Golah says that this is like R. Eliezer ben Yakov. The Rambam and one opinion in EH 40:8 rule like him. Most Poskim disagree, for R. Eliezer is part of a Shitah (i.e. Chachamim who hold similarly, in this case Adam Makneh Davar she'Lo Ba l'Olam. The Halachah does not follow a Shitah). However, here the first Tana agrees with R. Eliezer. One can say 'these detached fruits will be Terumah on these attached fruits after they are picked', for anything b'Yado is not Me'akev. Here also, he can knead the flour.

2.

Shulchan Aruch (328:3): If Levi authorized David 'separate Chalah from my dough', even if now it is only flour, it helps, even though there is no obligation to separate yet. A boarder can tell his host to take Chalah from all the doughs she will make for him as long as he is in her house, so she will not need to ask him each time.

i.

Source: Sefer ha'Terumos, cited in Beis Yosef, ibid.

Other Halachos relevant to this Daf: