Kiddushin 41b โ Iyun
Can a Minor or a Woman Serve as a Shaliach?
Part of Kiddushin (Iyun) · 40:00
A Kiddushin sugya deriving the concept of an agent (shaliach) from the halachos of a get, asking whether a minor can own terumah or appoint an agent, and whether a woman can serve as one.
Audio Transcript
Gemara learns out from by Gittin we find, by get. In divorce it says you give a ืื, ืืฉืืื ืืืืชื, and send her away, we learn out the word ืืฉืื ืฉืืื. Then the Gemara says we learn it out by ืชืจืืื. It says that you should take off ืชืจืืื, it says ืืชื, and then instead of saying ืืชื it says ืื ืืชื, you also. What's the ืื? ืืจืืืช ืฉืืื. By the ืงืจืื ืคืกื we find, ืงืจืื ืคืกื it says ืืฉืืื ืืืชื ืื ืงืื ืขืืช ืืฉืจืื. Oh here it brings the ืืืจื, ืืฉืืื ืืืชื ืื ืงืื ืขืืช ืืฉืจืื, that all the Yidden should ืฉืื. But every Yid can't ืฉืื the ืงืจืื ืคืกื. Every ืงืจืื ืคืกื has a few people, I mean you can't, everyone can't ืฉืื. So ืืื? ืฉืฉืืืื ืฉื ืืื ืืืืชื. One would ืฉืื and the two would stand there, it would be as if they all ืฉืื. Same with brit milah? Hm? Same with brit milah. But we have no ืจืืื from the Torah. No, for sure. If you In general No, we have a ืจืืื that you can make a shaliach, mimela it's applied, applies to everything. Look, where do we find it in the Torah? Here the Torah tells us, the Torah says everyone should ืฉืื. Impossible everyone should ืฉืื, must be that you can make a shaliach. Mhm. Then the Gemara asks here Of all those, other, which are the most frequent Then the Gemara, ืืืืืจื there's another place where we would know it from. ืืื ืื ืืืืจ ืจื ืืืื ืืืจ ืจื, ืจื ืืืื says in the name of ืจื:
ืื ืืื ืฉืฉืืืื ืฉื ืืื ืืืืชื? How do we know that a ืฉืืื of a person is like him? ืฉื ืืืจ, it says: ืื ืฉืื ืืื ื ืฉืื ืืื ืืืื. It says like this: So when it came to who divided Eretz Yisrael, so who was the one that was in charge of giving each one, getting the share for each person? The nasi of the ืฉืื, each ืฉืื. The pasuk, ืื ืฉืื ืืื ื ืฉืื ืืื ืืืื, one nasi from each ืฉืื and he's the one to take. Technically, ืฉืืืืืช ืืื ื, each one has to make the kinyan, each person, and here you had a nasi doing it for him. So obviously the nasi was your shaliach and it worked for you. It's a re'ayah that a shaliach is like you. So why don't we learn it out from here? And the Gemara answers, ืืชืกืืจื? ืืื ืฉืืืืืช ืืื? What do you think, that the nasi did it as a shaliach? It couldn't be a, he was a shaliach of all the Yidden like he did it for them, ืืื ืงืื ืื ืืื ืื ื ืฉืืืืืช ื ืื ืื? Amongst the Yidden there were ketanim also, under bar mitzvah, and a katan cannot make a shaliach. So how could the nasi be a shaliach? ืืื the Gemara says it must be over there a different din, it was a geder of zechiyah, that you could be zocheh for somebody. We're not going to go into that, that's what the Gemara goes on here further. But what we're trying to talk about is this little vort, that the Gemara says that ืืื ืฉืืืืืช ืืงืื. You can't say that when the nasi did it he was a shaliach of the people, because there were ketanim amongst the people, and a katan cannot make a shaliach. Huh? Cuz there were ketanim that got a share, so they Yeah, a share. So it wasn't through their fathers? No, the ketanim got their own, each person went and Okay, let's read and reread the the Rashi. ืืื ืืื ืงืื ืื, there were ืงืื ืื amongst them, ืื ืืืื ืืืจืฅ, of those that got the land. ืืื ืืืืืื ืืื ืืชืืจืช ืฉืืืืื ืืื? So the one that did it for them, like the nasi, you think he came as a shaliach of them? ืืืื ืืื ืฉืืืืืช ืืงืื! A katan, there's no shlichut, he can't make a shaliach. Where do we know, Rashi, how do we, where do we see a katan can't make a shaliach? So he says like this: ืืืื ืืฉืื ืืฉืืื ืืืฉ ืืชืื. Because one of the places we learn out shlichut is, like I said before, it says, I'll I'll say it now clearly so it'll be noge'a here, it says if a person marries a woman and doesn't like her and wants to divorce her, ืืืชื ืื ืกืคืจ ืืจืืชืืช, he'll write a ืื, ืื ืชื ืืืื, give it to her hand, ืืฉืืื ืืืืชื, and send her away from your house. So the Gemara ืืจืฉื 'ืก, first of all, the whole word is extra, and even if I would say he could have said ืืฉืื, why does it say ืืฉืืื? But we're not going to go into the details here. So the
Gemara learns here, could could have said ืืฉืื would have been also ืืืื ืฉืืื ืขืืฉื ืฉืืื, a re'ayah that a man can make a shaliach from the word ืืฉืื. And b'fo'al it says ืืฉืืื with a ื, ืืืื ืฉืืื ืขืืฉื ืฉืืื, shows he can make shaliach. But Rashi says, since we learn out shlichut from this ืคืกืืง ืืฉืื ืืฉืืื, and over there, ืืืฉ ืืชืื. The ืคืกืืง says ืื ืืงื ืืืฉ. It says like this, ืื ืืงื ืืืฉ ืืฉื, if a man will take a woman, doesn't like her, ืืฉืืื ืืืืชื. So since in the parashah, in the pesukim from where we learn out shlichut the Torah uses the word ืืืฉ, ืืืืื ืืืคืื ื, we learn out from here ืืืื ืืงืื ืขืืฉื ืฉืืื, that a katan doesn't make a shaliach. Okay? So Rashi says that how do we know a katan cannot make a shaliach? The fact that a katan cannot make a shaliach is clear, that Gemara says here, Rashi brings it in ืืื ืืฆืืขื ืืฃ ืขืดื. But from where we know it, Rashi says because by the ืืฉืื ืืฉืืื, by the get, where it says ืืฉืื you give a get and you send her away, the Torah says ืืืฉ. Okay, this is the Rashi here. Comes the Ketzos in ืกืืื ืงืคืดื and says, I have a kashya. If you look in Rashi over there in ืืื ืืฆืืขื ืืฃ ืขืดื, you'll see Rashi says something else, a different limud how we know a katan cannot the audio begins around: \"make a shaliach. He says because we learn out shlichut from terumah...\" Follow the audio carefully word for word. Let's transcribe: 00:00: make a shaliach. He says, because we learn out shlichut from terumah, says by terumah that you have to take off terumah. And the pasuk says, ืื ืืชื, you also could take. You also comes to extra ribui extra that a shaliach can make. And by terumah it could also only be a ืืืฉ. Who could take off terumah? Only a gadol. Mimela, the din of shlichut we learn out from there, who could make a shaliach? Only a gadol. So he
asks a she'elah, why does Rashi need two limudim? In this Gemara a stira in Rashi or at least there's two limudim. In this Gemara Rashi says we learn it out from get, and by get it says ืืืฉ, and therefore no shlichut. In that Gemara Rashi says we learn it out from terumah. The emet is, the kashya that he asks, he could ask even more. There's a Rashi in Bava Metzia ืืฃ ืืณ where Rashi says a different limud. We learn out from ืงืจืื ืคืกื. Since one of the places we learn out shlichut is by the ืงืจืื ืคืกื, and by the ืงืจืื ืคืกื, who was the one that was able to bring the ืงืจืื? It was only a ืืืื, a ืืืฉ, says ืืืฉ, ืืืฉ ืืืฉ ืฉื ืืืืช ืืืืช ืืืืช ืืืืช ืืืืชืื. So it says ืืืฉ, which is a ืืืื. So, and over there we learn out shlichut, so we're the ืืื ืฉืืืืืช is by a ืืืื. So from here we know that a ืงืื cannot make a shaliach. So the she'eilah is, why do we need three places to teach you that a ืงืื cannot make a shaliach? Then he asks another she'eilah. Basically, it has three questions. Then he asks another she'eilah. Rashi over there says that we learn out from terumah, just like terumah is made only by a ืืืื, and the Torah tells us ืืื ืฉืืืืืช by terumah, so the whole ืืื ืฉืืืืืช is said by a ืืืื. So he says, who says terumah could not be made by a ืงืื? The whole thing of terumah is a neder. When you take off terumah, it's like a like hekdesh, you're makdish like a neder. That's why you could be ื ืฉืื on terumah. So a person decides he doesn't want the terumah, he could come to a beit din and they'll say they'll ืืชืืจ the neder, and it's not terumah anymore, they'll do different terumah. So it's a ืืืจ of a neder. So he asks the she'eilah, by nedarim there's a din that when you're 12 years old already your neder is a ื ืืจ ืืืืืจืืืชื. That's called ืืืคืื ืกืืื ืืืืฉ. A child is close to being a man, year 12, and the Gemara says if ืืืืข ืืื ื ืืจ, he knows what it means to make a neder to Hashem, then neder is a ื ืืจ ืืืืืจืืืชื. So how could Rashi say that from terumah we learn out that katan cannot make a shaliach? Because the whole ืฉืืืืืช is learned from terumah, and by terumah, who could take off terumah? Only a gadol. ืืืืื the whole ืืื ืฉืืืืืช is by that person the gadol. But it's not true, terumah could be taken by a katan also. From 12 years old on, that he could take it by a katan. [interlocutor]: ...ืืขื... Well, but not even nine... A gadol has da'at, a katan doesn't have da'at. But there there we see he does... [whispering/discussion]: ... ืื ืืชื. From ืื ืืชื we learn ืฉืืืืืช by ืชืจืืื. And by ืชืจืืื it says ืืืฉ. [whispering/interlocutor discussion]: ...a
child could own it? A child could own it. A child could own... It doesn't go to his father. He could inherit. No, inherit! If the father dies, he inherits. No problem! A child could own. And the first pshat you said isn't the ื ืฉืืืื the representatives of the whole tribe, not necessarily reach of the individuals that make up. What do you mean by ืคืจื? Yehoshua, so it'd be ืคืจื... The Gemara says it's not. The Gemara says it's not. The decision of the the tribe... Yeah, but in ืคึผืกืง it has to be you have to be ืงืื ื it for each individual. Then anyway the Gemara says it's not. It was not ืฉืืืืืช. But the Gemara says the reason that it can't be ืฉืืืืืช over there, because there were ืงืื ืื there. Then he has another shaila. We find a place where the Torah teaches us the ืืื ืฉืืืืืช, and it happens to be not not by a ืืืื. He said before that by a by a ืื, the Gemara says there are we learn out two ืืืืืืื, one that he can make a ืฉืืื to bring to give the ืื, and one that she can make a ืฉืืื. She can make a ืฉืืื as a ืงืื ื. A woman who's married as a ืงืื ื. See, a ืงืื can never get married. There's no such thing as ืงืืืืฉืื by a ืงืื. So there's no such thing as a ืื by a ืงืื. So the whole ืืื of ืื from the husband's side is by a ืืืื. And since we learn out ืฉืืืืืช by a ืื, so it's by a ืืืื, because the whole ืื is by a ืืืื. But we also learn out ืฉืืืืืช by her. And she can be a ืงืื ื. By ืื? By a ืื. She should be able By yeah, by get. So we do find that there is a concept of a shaliach by a So if she's a ืงืื ื by a get, so and the and the Torah teaches us shlichus on her side also, so why shouldn't be a ืืื ืฉืืืืืช by a ืงืื ื too? So we should learn out that we could have shlichus by a ืงืื ื. [interlocutor]: What what what about by ื ืืจ, a woman cannot a ืงืื ื cannot cannot... We're not talking about ื ืืจ, we're talking about get. A ื ืืจ, it's also when she's 11... Double check terms: - ืื ืืชื: \"And the pasuk says, ืื ืืชื, you also could take. You also comes to extra, ribui, extra, that a shaliach can make. And by terumah it could also only be a ืืืฉ. Who could take off terumah? Only a ืืืื. Mimaila, the din of shlichus we learn out from there, who could make a shaliach? Only a ืืืื.\" - \"So he asks a ืฉืืื, why does Rashi need two ืืืืืืื? In this Gemara a ืกืชืืจื in Rashi or at least there's two ืืืืืืื. In this Gemara Rashi says we learn it out from get, and by get it says ืืืฉ, and therefore no shlichus. In that Gemara Rashi says we learn it out from terumah. The ืืืช is, the ืงืฉืื that he asks, he could ask even more. There's a Rashi in Bava Metzia ืืฃ ืืณ where Rashi says a different limud. We learn out from ืงืจืื ืคืกื. Since one of the places we learn out shlichut is by the ืงืจืื ืคืกื, and by the ืงืจืื ืคืกื, who was the one that was able to bring the ืงืจืื? It was only a gadol, a ish, says ืืืฉ, ืืืฉ ืืืฉ ืฉื ืืืืช ืืืืช ืืืืช ืืืืช ืืืืชืื. So it says ish, which is a gadol, so and over there we learn out shlichut, so where the din shlichut is by a gadol. So from here we know that a katan cannot make a shaliach. So the she'eilah is, why do we need three places to teach you that a katan cannot make a shaliach? Then he asks another she'eilah. Basically, he has three questions. Then he asks another she'eilah. Rashi over there says that we learn out from terumah, just like terumah is made only by a gadol, and the Torah tells us din shlichut by terumah, so the whole din shlichut is said by a gadol. So he says, who says terumah could not be made by a katan? The whole thing of terumah is a neder. When you take off terumah, it's like a like hekdesh, you're makdish like a neder. That's why you could be nishal on terumah. So a person decides he doesn't want the terumah, he could come to a beit din and they'll say they'll matir the neder, and it's not terumah anymore, they'll do different terumah. So it's a geder of a neder. So he asks the ืฉืืื, by Nedarim there's a din that when you're 12 years old already your neder is a ื ืืจ ืืืืืจืืืชื. That's called ืืืคืื ืกืืื ืืืืฉ. A child is close to being a man, year 12, and the Gemara says if ืืืืข ืืื ื ืืจ, he knows what it means to make a neder to Hashem, then neder is a ื ืืจ ืืืืืจืืืชื. So how could Rashi say that from terumah we learn out that a katan can make a shaliach? Because the whole shlichut is learned from terumah, and by terumah, who could take off terumah? Only a gadol. Mimela the whole ืืื ืฉืืืืืช is by that person the gadol, when it's not true, terumah could be taken by a katan also. From 12 years old on, that you could take it by a katan.\" - dialogue: \"Canyon of daat...\" -> \"kinyan of daat...\" \"A gadol has daat, a katan doesn't have daat. There we there we see he does...\" \"ืื ืืชื. From ืื ืืชื we learn shlichut by terumah. And by terumah it says ish.\" \"A child could own it? A child could own it. A child could own. It doesn't go to his father. He could inherit. No, inherit! His father died. He could inherit, no problem! A child could own.\" \"In the first pshat you said, isn't the the ื ืฉืืืื the representatives of the whole tribe, not necessarily each of you know, the individuals that make up...\" \"What do you mean it's not by ืคืจื? Yehoshua. So it'd be ืคืจื.\" \"The Gemara says it's not. The Gemara says it's not.\" \"The decision is for the is for the tribe...\" \"Yeah, but in chelek, in a chelek, you have to be koneh it for each individual. But anyway, the Gemara says it's not, it's not shlichut. But the Gemara says the reason it can't be shlichut over there, because there were ketanim there.\" \"Then he has another she'eilah. We find a place where the Torah teaches us the ืืื ืฉืืืืืช, and it happens to be not not by a gadol. He said before that by by a get, the Gemara says there are we learn out two ืืืืืืื. One that he can make a shaliach to bring to give the get, and one that she could make a shaliach. She could make a shaliach as a ketanah. A woman who is married as a ketanah, see, a katan can never get married. There's no such thing as kiddushin by a katan. So there's no such thing as a get by a katan. So the whole ืืื of get from the husband's side is by a gadol. And since we learn out shlichut by a get, so it's by a gadol, because the whole get is by a gadol. But we also learn out shlichut by her. And she could be a ketanah.\" \"By get?\" \"By a get. She should be able By yeah, by get. So we do find that there is a concept of a shaliach by a So if she's a ketanah by a get, so and the and the Torah teaches us shlichut on her side also, so why shouldn't be a ืืื ืฉืืืืืช by a ketanah too? So we should learn out that we could see a ืืื ืฉืืืืืช by a ketanah.\" \"What what what about by neder, a woman cannot a ketanah cannot cannot...\" \"We're not talking about neder, we're talking about get. A neder, it's also when she's 11...\" Let's check details: - \"says ืืืฉ, ืืืฉ ื ืืืฉ ืฉื ืืืืช ืืืืช ืืืืช ืืืืช ืืืืชืื.\" (01:05) -> In audio: \"ืืืฉ ื ืืืฉ ืฉื ืืืืช ืืืืช ืืืืช ืืืืช ืืืืชืื. So it says ืืืฉ...\" - Check: \"Because the whole shlichut is learned from terumah, and by terumah, who could take off terumah? Only a gadol. Mimela the whole din shlichut is by that person the gadol, when it's not true, terumah could be taken by a katan also. From 12 years old on, that you could take it by a katan.\" (at 02:24: \"we learn out that a katan can make a shaliach\" or \"cannot make a shaliach\"? In audio: \"cannot make a shaliach\" or \"kashya that he cannot make a shaliach\"). Let's check 02:22: \"So how could Rashi say that from terumah we learn out that a katan can make a shaliach? Because...\" He said \"can make a shaliach\" slip of the tongue, let's listen to 02:23: \"how could Rashi say that from terumah we learn out that a katan can make a shaliach, because whole shlichut is learned from terumah and by terumah who can take off terumah only a gadol, mimela...\" - yes, transcribe what was said. - Check 02:35: \"ืงื ืื of ืืขืช...\" -> \"ืงื ืื of ืืขืช? Well... A gadol has ืืขืช, a katan doesn't have ืืขืช. There we there we see he does...\" - Check 02:50: \"ืื ืืชื. From ืื ืืชื we learn shlichut by terumah. And by terumah it says ืืืฉ.\" - Check 03:00: \"child could own... It doesn't go to his father. He could inherit. No, inherit! If the father died, he could inherit, no problem! A child could own.\" - Check 03:17: \"And the first peshat you said, isn't the the ื ืฉืืืื the representatives of the whole tribe, not necessarily each of you know, the individuals that make up...\" - Check 03:25: \"What do you mean isn't by ืคืจื? Yehoshua. So it'd be ืคืจื.\" - Check 03:31: \"The Gemara says it's not. The Gemara says it's not.\" - Check 03:33: \"The decision is for the is for the tribe...\" - Check 03:35: \"Yeah, but in ืืืง, in a ืืืง, you have to be ืงืื ื it for each individual.\" - Check 03:40: \"But anyway, the Gemara says it's not, it's not shlichut. But the Gemara says the reason it can't be shlichut over there, because there were ketanim there.\" - Check 03:45: \"Then he has another she'eilah. We find a place where the Torah teaches us the ืืื ืฉืืืืืช, and it happens to be not not by a gadol. He said before that by by a get, the Gemara says there are we learn out two ืืืืืืื. One that he could make a shaliach to bring to give the get, and one that she could make a shaliach. She could make a shaliach as a ketanah. A woman who is married as a ketanah, see, a katan can never get married. There's no such thing as kiddushin by a katan. So there's no such thing as a get by a katan. So the whole din of get from the husband's side is by a gadol. And since we learn out shlichut by a get, so it's by a gadol, because the whole get is by a gadol. But we also learn out shlichut by her. And she could be a ketanah. By get? By a get. She should be able By yeah, by get. So we do find that there is a concept of a shaliach by a So if she's a ืงืื ื by a get, so and the and the Torah teaches us shlichus on her side also, so why shouldn't be a ืืื ืฉืืืืืช by a ืงืื ื too? So we should learn out that we could see a ืืื ืฉืืืืืช by a ืงืื ื. What what what about by ื ืืจ, a woman cannot a ืงืื ื cannot cannot... We're not talking about ื ืืจ, we're talking about get. A ื ืืจ, it's also when she's 11...\" Everything matches guidelines: Single block, no line breaks, no timestamps, omit filler sounds, accurate English and Hebrew letters for non-English words.make a shaliach. He says, because we learn out shlichus from ืชืจืืื, says by ืชืจืืื that you have to take off ืชืจืืื. And the pasuk says, ืื ืืชื, you also could take. You also comes to extra, ืจืืืื, extra, that a shaliach can make. And by ืชืจืืื it could also only be a ืืืฉ. Who could take off ืชืจืืื? Only a gadol. ืืืืื, the ืืื of shlichus we learn out from there, who could make a shaliach? Only a gadol. So he asks a she'eilah, why does Rashi need two limudim? In this Gemara a ืกืชืืจื in Rashi or at least there's two limudim. In this Gemara Rashi says we learn it out from get, and by get it says ืืืฉ, and therefore no shlichus. In that Gemara Rashi says we learn it out from ืชืจืืื. The emet is, the kashya that he asks, he could ask even more. There's a Rashi in Bava Metzia ืืฃ ืืณ where Rashi says a different ืืืืื. We learn out from ืงืจืื ืคืกื. Since one of the places we learn out ืฉืืืืืช is by the ืงืจืื ืคืกื, and by the ืงืจืื ืคืกื, who was the one that was able to bring the ืงืจืื? It was only a ืืืื, a ืืืฉ, says ืืืฉ, ืืืฉ ื ืืืฉ ืฉื ืืืืช ืืืืช ืืืืช ืืืืช ืืืืชืื. So it says ืืืฉ, which is a ืืืื, so and over there we learn out ืฉืืืืืช, so where the ืืื ืฉืืืืืช is by a ืืืื. So from here we know that a ืงืื cannot make a shaliach. So the she'eilah is, why do we need three places to teach you that a ืงืื cannot make a shaliach? Then he asks another she'eilah. Basically, he has three questions. Then he asks another she'eilah.
Rashi over there says that we learn out from ืชืจืืื, just like ืชืจืืื is made only by a ืืืื, and the Torah tells us ืืื ืฉืืืืืช by ืชืจืืื, so the whole ืืื ืฉืืืืืช is said by a ืืืื. So he says, who says ืชืจืืื could not be made by a ืงืื? The whole thing of ืชืจืืื is a ื ืืจ. When you take off ืชืจืืื, it's like a like ืืงืืฉ, you're ืืงืืืฉ like a ื ืืจ. That's why you could be ื ืฉืื on ืชืจืืื. So a person decides he doesn't want the ืชืจืืื, he could come to a ืืืช ืืื and they'll say they'll ืืชืืจ the ื ืืจ, and it's not ืชืจืืื anymore, they'll do different ืชืจืืื. So it's a ืืืจ of a ื ืืจ. So he asks the ืฉืืื, by ื ืืจืื there's a ืืื that when you're 12 years old already your ื ืืจ is a ื ืืจ ืืืืืจืืืชื. That's called ืืืคืื ืกืืื ืืืืฉ. A child is close to being a man, year 12, and the Gemara says if ืืืืข ืืื ื ืืจ, he knows what it means to make a ื ืืจ to Hashem, then ื ืืจ is a ื ืืจ ืืืืืจืืืชื. So how could Rashi say that from ืชืจืืื we learn out that a ืงืื can make a ืฉืืื? Because the whole ืฉืืืืืช is learned from ืชืจืืื, and by ืชืจืืื, who could take off ืชืจืืื? Only a ืืืื. ืืืืื the whole ืืื ืฉืืืืืช is by that person the ืืืื, when it's not true, ืชืจืืื could be taken by a ืงืื also. From 12 years old on, that you could take it by a ืงืื. ืงื ืื of ืืขืช? Well... A ืืืื has ืืขืช, a ืงืื doesn't have ืืขืช. There we there we see he does... ืื ืืชื. From ืื ืืชื we learn ืฉืืืืืช by ืชืจืืื. And by ืชืจืืื it says ืืืฉ. A child could own it? A child could own it. A child could own. It doesn't go to his father. He could inherit. No, inherit! If the father died, he could inherit, no problem! A child could own. And the first peshat you said, isn't the the ื ืฉืืืื the representatives of the whole tribe, not necessarily each of you know, the individuals that make up... What do you mean it's not by ืคืจื? Yehoshua. So it'd be ืคืจื. The Gemara says it's not. The Gemara says it's not. The decision is for the is for the tribe... Yeah, but in ืืืง, in a ืืืง, you have to be ืงืื ื it for each individual. But anyway, the Gemara says it's not, it's not shlichut. But the Gemara says the reason it can't be shlichut over there, because there were ketanim there. Then he has another she'elah. We find a place where the Torah teaches us the ืืื ืฉืืืืืช, and it happens to be not not by a gadol. He said before that by by a get, the Gemara says there are we learn out two limudim. One that he could make a shaliach to bring to give the get, and one that she could make a shaliach. She could make a shaliach as a ketanah. A woman who is married as a ketanah, see, a katan can never get married. There's no such thing as kiddushin by a katan. So there's no such thing as a get by a katan. So the whole ืืื of get from the husband's side is by a gadol. And since we learn out shlichut by a get, so it's by a gadol, because the whole get is by a gadol. But we also learn out shlichut by her. And she could be a ketanah. By get? By a get. She should be able By yeah, by get. So we do find that there is a concept of a shaliach by a So if she's a ketanah by a get, so and the and the Torah teaches us shlichut on her side also, so why shouldn't be a ืืื ืฉืืืืืช by a ืงืื ื too? So we should learn out that we could see a ืืื ืฉืืืืืช by a ืงืื ื. What what what about by neder, a woman cannot a ืงืื ื cannot cannot... We're not talking about neder, we're talking about get. A neder, it's also when she's 11... She could, it's like a ืืืื, it's like a man, a boy. Unless her birthday's in Adar and she was three? No, they would know the difference. The whole Gemara talks, a father could take, she can't get kiddushin herself, but the father can marry her off. Huh? What, she's 12 years old for a girl? Gemara says we learn out shlichut that he could make a shaliach from one pasuk, that she could make a shaliach to receive the get in another pasuk. When she makes, when she gets a get, and the pasuk is talking about her receiving the get, a ืงืื ื could receive a get. And we learn out the ืืื ืฉืืืืืช, one of the places the ืืื ืฉืืืืืช is from the case that a ืงืื ื could, that a woman can get a get. And in that place, we learn out shlichut. But if a ืงืื ื could get a get, so the pasuk is talking about a ืงืื ื also. When the pasuk says she gets the get, it's talking about a ืงืื ื. And the Torah says ืืฉืืื, there's shlichut. Where is that shlichut in that case? That case is a ืงืื ื. How can Rashi say that if we don't? So by get, we learn out that it's only a ืืืื, not a ืงืื. And we learn out shlichut by ืงืื ื. So basically we have these two questions. One question is why do we need three pesukim, according to Rashi, to teach us that a ืงืื cannot make a ืฉืืื? Then the second question: one of the three ืคืกืืงืื is ืชืจืืื. ืชืจืืื is a ืืื of a ื ืืจ, and by a ื ืืจ, you could have a ืงืื make a ื ืืจ. How does Rashi say that the ืคืกืืง by ืชืจืืื is talking about a ืืืื, ืืืืืื the ืฉืืืืืช is talking about a ืืืื, so it's talking about a ืงืื also? And the same thing, they have a similar question by the ืื. Rashi would learn out from ืื, by ืื there is a ืคืกืืง that she could make a ื ืืจ, a ืฉืืื, she could make, she could get the ืื, and there we say she could send a ืฉืืื to get the ืื, and she could be a ืงืื ื, because the ืคืกืืง could be talking about a ืงืื ื. It's like she takes ืงืืืืฉืื because her father really accepts it. We like No, but it's ืื, ืื! I'm saying by the ืื maybe also the father has to be involved. Oh, whether it's from ืืืจืืกืื or ื ืืฉืืืื, it's a whole A ืงืื only for receiving it, but not for sending it, because it says ืืืฉ. A ืงืื, no. A ืงืื can't do it because he was never married. No, can be a ืฉืืื for We're talking about a ืงืื being a A ืงืื ืฉืืื for So far we're not talking about a ืงืื ืฉืืื. We're talking about a ืงืื ืืฉืื. We're talking can a ืงืื make a ืฉืืื, can he be the ืืฉืื? We're going to get into that in a second, but that's the shaila: can a ืงืื be, make a shaliach, can he be a ืืฉืื? Here, halachot. Let me see the Raavad here. We got mareh makom. Wait. Maybe it's gonna be on page ืืณ. 84. 83. 84. Here. Let's see if this is what the mareh makom says the Raavad. Wait, maybe No, come on. Page I can't find it inside. Okay, I'll just say it outside. I wanted to read the lashon. Anyway, the Raavad says that we learn out from the pasuk by terumah, where it says ืื ืืชื ืืจืืืช ืฉืืืืื, the shaliach. And we're talking about a ืงืื ื, there it talks about a ืงืื ื, can a ืงืื ื make a shaliach to get her get? So the Rambam says a ืงืื ื cannot make a shaliach to get her get, and he says why: because the Rambam holds that when you make a shaliach to receive the get, you have to have two eidim while when you appoint the shaliach. And ืืื ืืขืืืื ืืงืื, you can't say any eidut for a ืงืื, so since she's a ืงืื ื, she could never make a shaliach. Comes the Raavad, and the Raavad says, you know, that's not the pshat. He says, ืืขื ืื, wait, what's the lashon? That was an interesting lashon. ืืขื ืื ืืื ืื ืืขื ืืื ืจืื. This reason Rambam gives has no taam and no reiach. It's not, it's no good. That's what he always writes. Because that's not the reason. The reason why a ืงืื ื can't make a shaliach, he says, because in the word ืืชื, ืื ืืชื, by Terumah we learn out that that ืืชื teaches you a ืฉืืื, ืืจืืืช ืฉืืื, and since we learn out from you to the ืฉืืื, ืื ืืชื ืื ื ืืขืช, ืืฃ ืฉืืืืื ืื ื ืืขืช. Just like you have daas, person we're talking to has daas, the shaliach has to have daas. From here we see, he says, the ืฆื ืฉืืื and ืฆื ืืืฉืื have to have daas. U'meimah, that's why a ืงืื ื can't make a get, a shaliach, because she doesn't have daas. Now, the she'eilah is like this: The Raavad is talking in a case whether the ืงืื ื could that's the case of the Rambam there, whether the ืงืื ื could make a shaliach. Why is it ื ืืืข to the Raavad to mention that a ืงืื, or a ืงืื ื, cannot become a shaliach? And I want to make it clear, we're talking about two separate inyanim. Till now, we were talking about a ืงืื being the ืืฉืื, making a shaliach. We say a ืงืื can't make. Then there's another din: a ืงืื cannot be a shaliach. In that din of the Rambam, that's not ื ืืืข. We're not talking about talking The Rambam is mentioning why can a ืงืื ื not make a shaliach? So the Raavad says because you need ืขืืื, and you can't say ืขืืืช for a ืงืื. The Rambam And the Raavad says that's not the reason. The reason is because the ืงืื, ืงืื ื in this case, can't be a meshaleach, she can't make, send somebody because she has no daas. Fine. But why mix in that from here we see that the shaliach and the meshaleach have to have daas? The fact that a shaliach has daas is not noge'a to that Gemara. We're talking about a ketanah making a shaliach an adult. So the meshaleach is the problem, so you should have said the meshaleach has to be a bar daas. Why does he mention also the shaliach? Is it with the Raavad we are talking about, or the Rambam? On the Raavad. Be'emes, there's a similar question I have here in ืฉืืื here, in ืฉืืื ืคืจืฉืช ืงืจื, famous ืฉืืื about shlichus. This is the main ืฉืืื about shlichus. And here. I'll tell you what the Rebbe says. There's a long, garn an arichus'dige sicha here. He speaks about shlichus, and he brings the three ways of shlichus that we always learn, and then he says That the three ways of shlichus, whether you become mamash the meshaleach or not, all that is when you when you'll become a shaliach, what is the geder of the shlichus? But he says there's another thing: In order to become a shaliach, there's a you have to have ืืืืช ืฉื ืฉืืื, you have to be able to become a shaliach. Then the question is, what will it accomplish? But you have to become a shaliach. And he says like this: ืฆืจืื ืืืืืช ืืืืช ืืฉืืืืืช ืขื ืืฉืืื. That means that when you appoint him, he has to be become a shaliach. And in order ืฉืืืื ืขืืื ืืฉื ืฉืืื what makes the din? But in order for him to have the name shaliach, ืฆืจืื ืืืืืช ืงืฉืจ ืืื ืืฉืืื ืืืืฉืื. Has to be a connection, shaliach to meshaleach. ืื ืื ืืคืฉืจ ืืืืืช ืฉืืืื ืฉื ืืืฉืื ืืื ืฉืืืื ืืืืชื ืฉื ืืืฉืื. You cannot be a shaliach of somebody unless you're like him. He quotes a ืืฉืื from Alter Rebbe in Likutei Torah: ืฉืฆืจืื ืืืืืช ืืฉืืื ืืชืืืก ืืขืจื ืืขืืช ืืืฉืื. The shaliach has to be like the ืืฉืื. Somewhat. Somewhat, yeah. But that's because he's not completely out. ืืืื ืืื ืฉืืืืืช ืืืื ืืื ืืชืืจื ืืืื. That's the reason why you can't make a goy a shaliach. ืื ืืื ื ืืืื ืืืืืช ืืืืชื ืฉื ืืืฉืื, he says. A goy cannot be like a Yid. Umemela, you can't be a shaliach. Then the Gemara The Rebbe goes on to continue and says: ืืืฉ ืืืืื ืจืืื Not somewhat like a Yid? He's a human being, which is not enough? A Yid. ืืืฉ ืืืืื ืจืืื ืืื, he brings a raya to this. He says, I have a raya to this, that you have to have a kesher. Because the Alter Rebbe in Likutei Torah says like this: ืฉืืืื ืฉื ืืื ืืืืชื, ืืืื ืืื ืฉืืืืืช ืืืจืฉ, ืฉืืื ืืงืื. That's why a cheresh, a katan, let's use the word katan, cannot be a shaliach. ืฉืืื ื ืืืืชื ืฉื ืืืฉืื, because the katan is not like like the ืืฉืื. The katan The ืืฉืื is a gadol, he's a katan. They're not equal. That's what the Alter Rebbe says. ืคืจืขืื ืืขืจ ืจืื a ืงืฉืื, ืืืืืจื ืฆืจืื ืขืืื. ืืจื ืืคืืจืฉ ืืืืจื The Gemara gives a different reason. The Gemara says ืฉืืืขื ืฉืืื ื ืื ื ืฉืืืืืช, so the reason why a katan can't be a ืฉืืื, ืืฉืื ืืืื ืื ื ืืขื ื ืื ืื. They have no da'at. The Alter Rebbe gives a different reason, because they're not equal. And afilu that the Rebbe says you could say that the Alter Rebbe is explaining the Gemara, if in the Gemara it says he has no da'at, so what's the problem if he has no da'at? Umimela, he's not equal to the meshaleach. But who says that's the peshat? I mean, what made the Alter Rebbe force us to make this peshat? Pashut, he has no da'at, so he can't make a shaliach. A person to make a shaliach needs to have da'at, that's all. So the Rebbe says a reason that is probably that the Alter Rebbe had a ืืืจื to say that it means that if he has no da'at, umimela he can't be like the meshaleach. Yeah. But what I'm trying to ask now is, the Rebbe the kashya was that in the Gemara it says clearly that the reason why a katan can't be a shaliach because they're not ืื ื ืืขืช. Where does the Gemara say it? The Rebbe brings Gittin ืืฃ ืืดื ืขืืื ืืณ, ืืจืื Rashash ืฉื. Look in Rashash there. Then he says in parentheses: ืืื ืืื ืืจืฉืดื ืงืืืืฉืื ืืฃ ืืดื ืขืืื ืืณ. Same thing which he brings the Rashi from our Gemara, which we quoted. where Rashi also says that you cannot, a katan, here it says the ืืฉืื by ืืื, ืืื ืฉืืืืืช ืืงืื. Okay. Now, my question is: how in the world does the Rebbe bring the Rashi in Kiddushin as a source to what he's saying here? In the
sichah he's talking about the katan not being able to be a shaliach. That's the whole sugya there. Why can't a katan be a shaliach? So he says, the Alter Rebbe says a ืงืื can't be a ืฉืืื because he's not ืืืืชื, ืืฉืืื, nothing ืืืฉืืื, and the Gemara says because he's not a ืืจ ืืขืช. So he quotes Rashi. Rashi is talking about a ืงืื being a ืืฉืื, not about a ืฉืืื! So the Gemara in Gittin, ein hachi nami, the Gemara in Gittin says, why can't a ืงืื bring, be a ืฉืืื to bring a ืื? ืืืื ืื ื ืืขื ื ืื ืื. Because he doesn't have ืืขืช. So the Rebbe brings the Gemara, then how come the Alter Rebbe says ืืืืชื ืืฉืืื he should basically, he has no ืืขืช, that's why he can't be a ืฉืืื, fine. But then he says, ืืื ืืื ืืจืฉ\"ื ืงืืืืฉืื. He quotes that Rashi right away! And that Rashi is not talking about the ืงืื being a ืฉืืื, it's talking about a ืงืื not making a ืฉืืื, being a ืืฉืื. Two separate inyanim. How does he bring this? So we must say one nekudah, that they're probably one inyan. Which answers, doesn't explain, but the answer, the sichah answers the Ritva. That's the same kashya on the Ritva. The Ritva says: why can't a ืงืื ื make a ืฉืืื? And he brings it there, because the ืื ืฉืฉืืื and the ืืฉืื have to be ืืจ ืืขืช. Who's talking about ืืฉืื? Who's talking about a ืฉืืื there? We're talking about the ืงืื, the ืงืื ื making a ืฉืืื. They both have to be in the same level, so that one to be It works both ways. So that's the shaila, but then what what's the svara here? What's the idea of both ways? That's not a pashut, we'll see in a second. We'll see. That's not a pashut. So why aren't they equal? I'll explain. We could I can go in that direction, and what lichorah you could takeh say that maybe the pshat is that it's the same idea, they both have to be equal, so if the ืฉืืื if he's not if the ืฉืืื is a ืืืื, the ืงืื is the the ืืฉืื is a ืืืื, the ืฉืืื can't be a ืงืื; if the ืืฉืื is a ืงืื, the ืฉืืื can't be a ืืืื. Yeah. But that can't be the pshat. Why isn't a ืืืื ืืืืชื of the ืงืื? Milah the ืงืื, he's a ืฉืืื, he's not ืืืืชื of the ืืฉืื, makes sense. The ืืฉืื is a ืืจ ืืขืช, ืฉืื. The ืงืื is nothing. So he's not ืืืืชื. In the opposite way, it shouldn't be a problem. If the If the ืืฉืื is a ืงืื and the ืฉืืื is a ืืืื, why isn't that ืืืืชื? He's ืืืืชื plus! ืืืืชื means, the b'foal what ืืืืชื means, you have to if you can By a ืงืื? Of what? Okay, that's in the by the case of of of of a get. B'foal, it doesn't The question was: why not? No. Deliver a child? No, but the shaila is why is it not ืืืืชื? Normally we learn not ืืืืชื What's not ืืืืชื? He's You are doing for You are strong, he's something less than you. He's something less than you, how could he accomplish what you're supposed to do? But if he's more than you, then we have the klal: bichlal matayim maneh. You could say, you need $100 to do something. So somebody who has $90 can't do it. But if somebody has $200, he's ืืืืชื, he has what you have, plus. So what's wrong if if you learn like that, what's wrong? So it's hard to say that they're one thing just because they're ืืืืชื, because he's a ืงืื, he's a ืืืื. There's a logic behind it. So why can't a Why is this a reason why a ืงืื cannot make a shaliach? Milah a ืงืื cannot be a shaliach because he cannot take the place of somebody greater. But somebody greater could take the place of someone less! Therefore, I want to say another thing here. Want to go into this: There's another place, besides the three places of Rashi which we quoted before where he speaks about a ืงืื not being able to make a shaliach, so in one place is we're learning out from get, where shaliach is whether the person is ืืืฉ, by ืชืจืืื it's ืืืฉ, and by ืงืจืื ืคืกื. This is another place: Rashi in ืืชืืืืช ืืฃ ื\"ื ืขืืื ื'. There Rashi says that the reason why a ืงืื cannot make a shaliach, because he's not a ืืจ ืืขืช. The same ืืฉืื that the Gemara uses in Gittin, why a ืงืื cannot be a shaliach because he's not a ืืจ ืืขืช, ืจืฉ\"ื uses the same ืืฉืื in why a ืงืื cannot be a ืืฉืื. So here we have a fourth place! The three places we said before where we learned it, and the Tosafos asks: why do we need so many so many ืืืืืืื? Here we have a fourth thing, it's not even a ืืืืื, it's a sevara! Since a ืงืื is not a ืืจ ืืขืช, so the ืงืื can't make a shaliach. Then in kiddushin also, with you, that can somebody can do Kiddushin without being the the the wife present? So she has to have some sort of daas, too. She's the ืืงืื. She has to know what she's doing. Yes, no. I'm talking Receiving the Yeah, you're talking about being a shaliach. Different thing, right? Through through a shaliach. Through like they say that the father can ืงืื ื? Yeah. When you you you've seen that before when you you say three ways in to to to ืงืื ื a wife. So it cannot be done without the wife's daas, because the daas of the ืืงืื, not if she's a ืงืื ื, no? No, if she's a ืืืื a ืืืื has to only, only ืงืื ื needs the father's daas. If she's a ืืืืื, he needs her needs the daas. Yeah, but that's not to do with shlichus. No, it has to do with with the kinyan of kiddushin. We're talking about being ืืงืื the kiddushin, she has to be bar daas. But she could do it through a shaliach without her daas. She can't, because she has to she has to have daas. You have to have ืืกืืื. And you have to have ืืขืช ืืงื ื, and you have to have ืืขืช ืงืื ื, you know. He's not he's not ืืืืจ ืืืงื ื. Yeah, if he's not ืืืืจ ืืืงื ื, why do you need all three? I mean, that would make the ืฉืืื even stronger. So I want to say the pshat like this. The nekudah is, why can't a ืงืื make a shaliach? You don't need a pasuk for it, because he has no daas. And what's the problem if he has no daas? Like the Alter Rebbe says, there's not he's not ืืืืชื. ืื, we said he's not ืืืืชื only works for a ืงืื not to be able to be a shaliach, but why can't a ืงืื make a shaliach if he's not ืืืืชื? So if you say pshat, not like the Rebbe learns, not like the Alter Rebbe learns. Pshat, he doesn't have daas. It's okay, he doesn't have enough seichel to make a shaliach, he can't appoint a shaliach. But the Alter Rebbe learns that's not the pshat. The Rebbe says the Alter Rebbe learns that the pshat is because of that he's not ืืืืชื. So we asked, he's not ืืืืชื only works the other way, but not if the katan is the meshaleach. So I want to say like this, pshat in the sicha a little bit deeper than what it seems. That the pshat is not because he's not ืืืืชื, not like him. There is no bitul. In order for a shaliach to have a ืืืจ of a shaliach, the shaliach has to be batel to the meshaleach. Just in this prat that you're a shaliach, not in everything. Unless you're a shaliach of the Rebbe, then you're batel to the Rebbe completely, you understand? But if you're a shaliach for kiddushin, so in the concept of kiddushin, you have to be mevatel yourself to the meshaleach. Then you could work with the meshaleach. If you're a metzius for yourself, you can't, that's what it means. And that's the reason he says a goy cannot be a shaliach because he's not ืืืืชื. I'm telling you the pshat. A goy cannot be mevatel himself to a Yid. It's not going to help, a goy doesn't and can't have a bitul. That's a He's a metziut. Bitul, he's a metziut. That's why a katan can't be a shaliach, because a katan, not because he doesn't have daat, memeila he just can't do the job. He can't be mevatel himself. A gadol who has enough daat could be mevatel himself. Okay, he has enough daat. A katan has daat, but not enough. He's not a block of he's not a table! He has daat. So he has enough daat to be a separate metziut, but not enough daat to be mevatel himself. So a gadol is lichora worse. He has even more he's more metziut, but at the same time he's smart enough to be able to be mevatel his metziut. So a a gadol could be a shaliach. A goy can't and a katan can't be a shaliach because he cannot be mevatel himself.
Why can a woman be a shaliach? She could, why can't she? Yeah, but she's not ืืืืชื, the same as She is, why not? She's a female, he's a male. No, she has a That this guy has a black beard and this guy has a white beard, does he can't, does ืืืืชื ืืืืชื doesn't mean that he has to look like him or be like him, ืืืืชื means in this ืคืจื that if this Yeah, and that's only in this ืคืจื, so it doesn't matter if it's a man or a woman. That no one's challenging. It's no matter. Eventually, what I'm saying is that you have to be mevatel yourself. This explains another thing. I want to explain this. It says in the Gemara that the reason chatzer works, you could be ืงืื ื something if I put something in your yard, and the Gemara has a whole discussion and one of the ืฉืืืืช in the Gemara is that ืืฆืจ ืืืขื ืฉืืืืืช. That the chatzer is your yard that your yard is ke'ilu it's your shaliach. But they have a big kashya, I want to explain that, l'chorah, how can it It has no da'at! Has to be a Yid and has to be a bar da'at. The answer is he's totally batel. The best The best, and the Rabbi Rabbi Abahu says it in in in Bava Metzia that ืืืฆืจ ืืื ืืฉืืื ืืืืืชื. It's the real shaliach. Tell me, what is he saying? In Berachos, forgive me? In Berachos. You said in Gemara Berachos. No. Did I say Rabbi Abahu says it. In where? In Bava Metzia. Bava Metzia. ืื ืืื ืืืืื ืกืชื? ืื ืืื ืืืืฆื ืกืชื? So that's pashut. So he says that this chatzer is ืืฉืืื ืืืืืชื. And it all goes with this because you have to be mevatel yourself. So a chatzer doesn't have any brains, nothing, so of course it's a shaliach. A
gadol has brains, who's a big metziut, can be mevatel himself. A katan is nisht ahein nisht aher, he has enough brains to be a metziut for himself, not enough brains to be mevatel himself. Oh! That's oh, that's exactly what I'm trying to say! So that comes out that the same sevara worked both ways. If we're going to learn peshat that you have to be ืืืืชื like the Rebbe says here, so why can't a gadol be ืืืืชื of the katan? But if you're saying the bitul, there's no such thing as a gadol being mevatel himself to a katan. Yeah, right. And if the whole thing is the bitul of the shaliach to the meshaleach, so the same nekudah that the Gemara says that a ืงืื cannot be a ืฉืืื because he doesn't have ืืขืช, and the way the Alter Rebbe learns ืืื ื ืืืืชื, the way the Rebbe says ืคืฉื in the Alter Rebbe, and the way I'm explaining ืคืฉื Rebbe's words that means ืืืืื, so that same ืกืืจื goes for both. It goes ืฉืืื for the case of being a ืฉืืื, and it goes for making a ืฉืืื. And that's why the Rebbe puts it together, because when he says he even though he's talking about being a ืฉืืื, but the same thing in Rashi, because Rashi in Gemara here brings it. Okay, but why can't a ืืืื be ืืืื to the ืขื ืื of the ืฉืืืืืช that he had that the ืงืื leaves, where he has enough ืืขืช to say, \"Please, do this\"? A ืงืื a ืืืื is not ืืืื to a ืงืื. That's a that's ืืืื ืืืืืื. Okay, go ahead. So ืขื ืคื ืื A woman? Huh? No, that's not all of you? It's a ืฉืืื if she's ืืืืืื in. You only can be ืืืฆื the it's not ืฉืืื, there's a ืฉืืืืืช, there's ืืืขืฉื. No. And you only can ืืืขืฉื if you're ืืืืืื. But if it's a ืกืคืง if she's the same ืืืืืื like a man. All of Israel Shlomo Hamelech, the rest of the women of Israel. Everybody was ืืืื to him. Everybody a ืืืื is ืืืื to a ืงืื. ืืืืืช is different. Now you're talking about a different type of bitul. There we're talking about bitul to the ืืืจ of ืืืืืช, ืืืืืช ืืืช ืืื. Here we're talking about bitul in the in the ืืืจืื of shlichut, in the ืืืจืื of what you're doing, not the same type of bitul. No, a king can't be So a king can never be a He was also the king of Yisrael. Yeah, of course, no matter how old he is, it's not you're the king begs you, you're part of it. A king always, the Rebbe is always mevatel Listen, that's not you're mevatel yourself. It's not So a king can never be a shaliach. He can never be mevatel himself to anybody. ืืืกืจ ืฉืคืืืช ืืื'. The ืืชื doesn't have a A ืืชื is a shaliach, so he can't According to this, is ืืืืฆื ืืขืฆืื? No, he's ืืขืื ืคืืืจ, so he's part of it, that's all. According to the Sefer HaChinuch, it's ืืืืฆื ืืขืฆืื? Okay, and that's a bitul? Okay, let's let's finish. So so
it comes out like this: sof kol sof, the bottom line: how do we know that a ืงืื cannot make a shaliach? Because he not have a daat, and he can't be mevatel himself. When Rashi brings all these cases, it's not a ืืืืื. Rashi just says, the sevara is a ืงืื cannot make a shaliach. If you would, I know it's if you would find in the ืืื ืื in one of the places of shlichut, where it speaks about a ืงืื, and it could make, then it would be a ืจืืื against the sevara. So Rashi says, \"I don't find it anywhere.\" Anyone of these places where it talks about shlichut, they're all talking about a ืืืื. The Ketzos learns that it's all like a ืืืืื. A ืืืืื from here, what do you need two ืืืืืืื? It's not a ืืืืื. It's not a limud at all, you don't need any limud, that's sevara, because if not daat, that's it. So you can't make your shaliach, so he can't be mevatel to you. But he says, and look around, we don't find by terumah, where we learn out shlichut, it says ืืืฉ, all these cases. Mimaileh, it's accepted that it's not extra limudim. It goes farkert, it's all because of daat. Now, ืืคื ืื, if we're saying it's all because of his daat, the fact that a ืืืคืื ืกืืื ืืืืฉ, a child at 12 years old could make a neder, could make terumah, it's also because of daat. There's a
sichah again, in ืืืง ื\"ื, where the Rebbe talks about this din that a ืืืคืื ืกืืื ืืืืฉ, his neder is a neder if he knows who he's making a neder to. And the Rebbe has a chakirah there: what's the pshat? Is it the age, that by nedarim there's enough age at 12? Ai, then if it's enough with the age, so why do you have to ask him whether he knows, test test him if he knows what he's talking about, why don't you do it by a 13 by 15-year-old? Because if he doesn't know, it's a ืื ืืขื, it's a ืกืชืืจื to the din, but the reason why it works is because of his age. And the second sevara is, not because of his age, because he does have enough daat. ืืืื ื ืืจืื you don't need full daat. It doesn't mean that at 12 he doesn't have daat, he has more daat than ื\"ื, than an 11, he has more daat, and at 11 he has more than 10. So ืืืื everything else you need daat of a gadol, and by nedarim you need daat a less lower level of daat. So if we're saying the whole chesaron is here that a katan can't make a shaliach because there is he doesn't have daat, and mimeila he doesn't have daat, there is no ืืืืื ืฉืืืืืช to him, ืืืื ื ืืจืื, there is enough daat that he has that there should be daat, it's all the same thing. Mimeila, it's safek, it's possible that a katan at 12 years old could farkert make a shaliach because he has, ืืืื ื ืืจืื, his daat is enough. All these three places are just explain a ืคืจื on the on the shelichut. How do you mean a ืคืจื? They say things that's within shelichut, and there's no indication in those cases that you find that a katan could do it. And the sevara is that a katan can't. It's a ืคืจื for for these particular shelichut, not for not for shelichut in general. No. Farkert, over there we say that there's no shelichut for a katan. And from there we know why does it mean, because we don't find any indication that he can make, and what would be If we don't find any ืืืืื nor here nor there, what's the ืคืฉืืืข ืกืืจื? He cannot make a shaliach. If something is a din, I understand that, but if something is a sevara, sevara is whatever fits into applies to everything. You can't exclude someone from a sevara. When you exclude it? Someone who is not 13 years old cannot accomplish what someone should accomplish? That's why he has a sevara? No, I know the kabala, but in halacha Torah said that a person that that a child is 12, ืืืื ืืื ื ื ืืจืื that daat is enough. Just for nedarim. That is for nedarim, but it's also in daat. So if the whole inyan of the case of a katan can't make a a shaliach is because of da'at, here the Torah said that this da'at is enough. That's what I meant by the ืคืจื, that's the exception exception. There's only for that particular But but only this on and and like on a da'at, it's all talui in the ืืืจ of da'at. Mimela over here it davka works, but it's no raya, he had the kashya: let's learn out from here since the ืงืื from 12 years old could make terumah, here's a raya that, and there we learn out ืฉืืืืืช, so assume that a ืงืื could make a shaliach. I'm saying if the problem why we say a ืงืื can't make a shaliach is because of da'at, so it's not a raya from here, because here the the Torah makes makes an exception. This da'at is different. So here davka a ืงืื could make a shaliach, because his da'at in this din of terumah is enough, but for ืื ืืชืืจื ืืืื the da'at is not enough. So da'at not enough, you can't you can't be mevatel. Here where the da'at is enough, he can be mevatel to this da'at. So he only needed this amount of the da'at. Isn't another name in Torah for for this 12 like like you have the ืืืคืื ืกืืื ืืืืฉ. Oh yeah, then I know that word, it's an halachah. How'd you say it again? Huh, yeah. How do you taitch it again, ืืืคืื ืกืืื? ืืืคืื? Yes. ืืืคืื is higher, but he's ืกืืื ืืืืฉ, close to a ืืืฉ, not a real ืืืฉ. What about a ืงืื ื can make a No? Huh? No. She can't. She can't, cause she doesn't have da'at, and like there you need da'at. The the she'eilah is the other the other question we had, it could be one second, the chidush she could, not she could make a shaliach. But we find the din of a get by a woman that she could be a ketanah to take a get, and there we learn out shelichut, so let's a second try, let's learn out from there that since we learn out shelichut from that part also, and there she's a ketanah, so maybe a katan could make a shaliach. So again, if we're saying that the whole thing is talui in da'at, by a get you don't need da'at. To receive a get you don't need da'at, mah re'ayah? You could divorce ืืขื ืืจืื, you could divorce her without her haskamah. So assume that the da'at we need there is not the same da'at. So that's again an exception, but it's no re'ayah from there against the sevarah that this the da'at of a katan is enough normally to make a shaliach. So the bottom line is that the whole nekudah is based on the sevarah. These limudim are not limudim, and these cases are all connected to da'at in their level of da'at. But in a normal case, if the katan doesn't have da'at, he cannot make a shaliach and not become a shaliach, cause the the fact that he's missing da'at lacks the connection between the two. Because the Rebbe says, like Alter Rebbe says, ืืื ื ืืืืชื ืืืขื ืขืจ ืืื ื ืฉืืื, which thing that means that he cannot be mevatel himself to the meshale'ach. Yishar koach. Does the Does an Does an agent or have to be appointed by someone? Yes, of course. Who appoints the who who asks for a Korban Pesach? The people who come who sign up for it. Who, which one? If you're doing it for 50 people or 40? Yes, all of them. All of them have to say When they sign up for this, they're giving power of attorney to one person to shachat. And how about if there is a katan in their A katan is an extension of the father. The father take the katan, says ืืืฉ ืฉื ืืืืช ืืืืช. Huh? But a katan can be part of ืงืจืื ืคืกื? It's not It's not a chiyuv. There's no chiyuv. There's no chiyuv by him. There's a chiyuv on the father, ืฉื ืืืืช ืืืืช.
A woman could be the shaliach? What? A woman could be the shaliach for this for the No, a woman can't shecht a korban, that has nothing to do with shlichut, a woman can't be a shochet. In inyan of chinuch, you give a katan to eat anyway, though. Huh? Would you give someone to eat anyway from ืงืจืื ืคืกื? No, why? Yeah, even if for chinuch? How can you eat ืงืจืื ืคืกื if you didn't sign up? You can't eat a korban if you're not signed up. If you go back to how you started the whole thing, how did the katan get get the land? How did the katan get the land? Yeah, because There the Gemara that is not shlichut, this shlichut can't be. The Gemara, it's a different din, it's a different a din of ืืคืืืจืืคืืก. The Gemara, I didn't finish up the whole Gemara, it wasn't ื ืืืข to our discussion. The Gemara comes with a different pshat and it's not because of that. The goyim had it? No, because like you're saying that because the Beit Din puts in a guardian. Did the father leave an inheritance for the children? No, no, no, no, no, no. So the ื ืฉืื is like the guardian? Huh? The ื ืฉืื is the guardian? Like the guardian. So the ื ืฉืื doesn't have Right, so memela he's like them. It's a different din. Gut yom tov. Somebody left a coat here. Huh? Somebody left a coat here. Somebody left a coat here. Yasher koach.