WHAT QUALIFIES A MESSENGER? (Yerushalmi Peah Halachah 6 Daf 22b - misnumbered as Halachah 5)

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(R. Redifah): There is a dispute between R. Yona and R. Yosi - one said that one who is able to take for himself (i.e. a poor man) can acquire for another; the other said that even one who is able to give (i.e. a rich man) can acquire for another.

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The one who said 'one who is able to give' would certainly say 'one who is able to take'; the one said 'one who is able to take' would say that 'one who is able to give' would not be able to acquire for another.

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There is a Baraisa that is unlike the one who said 'one who is able to take' - "If a man said to a messenger, 'Accept this Get for my wife' or 'Take this Get to my wife', if he wants to retract, he may retract" - how can a man accept a Get if he himself cannot receive a Get in his own marriage? (Note: The changes to the text in this entry and those that follow are noted by Rav Chaim Kanievski from the Sefer Nir - authored by Rav Meir Marim Shafit of Kobrin d. 1873.)


Answer: Since he could receive a Get on behalf of his young daughter.

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Question: "'Give this Get to my wife' or 'Give this freedom document to my slave'" - how could he accept the freedom document if he himself cannot be freed?


Answer: It is referring to a slave of another master accepting it on this slave's behalf.

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Question: (If the messenger is a slave himself) can a slave take a Get?

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Answer: The messenger for the Get is not a slave.

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Question: There is a Baraisa (in Maseches Maaseros) that is unlike the one who said 'one who is able to take' - "The 1/10th that I will separate (as Maaser Ani) is given to Akiva ben Yosef (to acquire on behalf of the poor) and its place is rented to him". Was R. Akiva able to take Maaser Ani?

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Answer: This occurred before he became rich. And even if it was after he was rich, he was the supervisor for the needs of the poor and the hand of the supervisor is like the hand of the poor themselves.

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This statement of R. Yehoshua ben Levi (above daf 41 (d) 3. - that R. Eliezer and the Chachamim disagree over a rich landowner but a poor one can acquire for another poor man) was like the one who said 'one who is able to take can acquire'.