Bava Metzia 8a โ Iyun
Can You Act as an Agent to Steal for Someone Else?
Part of Bava Metzia (Iyun) · 59:33
A detailed Bava Metzia sugya on migo (a stronger claim implying a weaker one), the concept of 'potential versus actual' reach (b'koach), and why there's no halachic agency for committing a sin.
Audio Transcript
all these guys from North Bay Beach are coming? So they are? When did they say, today? Give it a few minutes. Hm? Come in. Everybody from here are here? That's who you have to wait for. Oh, there's a list. What are you having? Soup. Soup, what soup? Okay. Yep, have to wait for them to come back with the soup. Okay. You're waiting, okay. Okay, the
Gemara on ืืฃ ื. We're on ื ืขืืื ื, the Gemara starts, says ืืืจ ืจืื ืืจ ืืื, Rava bar Chama said, ืืืช ืืืืจืช: the Mishnah teaches us a ืืื ืืืืืื ืืฆืืื ืืืืืจื ืงื ื ืืืืจื. That if somebody picks up a ืืฆืืื for another person, only for the other person, he doesn't have in mind for himself, he sees a ืืฆืืื and he decides, I know a friend who needs it, I'll pick it up, and he had in mind to be to pick it up l'chatchilah for that guy. So from our Mishnah we see that ืงื ื ืืืืจื, that the other guy is ืงืื ื it. And we see that from our Mishnah. What is the ืจืืื from our Mishnah? Our Mishnah says ืฉื ืื ืืืืืื ืืืืืช, two people holding a ืืืืช, and we say ืืืืืงื, each one says it's mine and we say ืืืืืงื, we divide it. Now, why would we divide it? Dividing means that they both have it, and ืื ืกืืงื ืืขืชื ืื ืงื ื ืืืืจื, if the ืืื is that when you had in mind for somebody else the other person is not ืงืื ื, ืชืื ืื ืืื ืฉืืื ืืช ืขื ืืื ืงืจืงืข ืืื ืืื ืฉืืื ืืช ืขื ืืื ืงืจืงืข ืืื ืืงื ื ืื ืื ืืื ืื. Each person who picks up only half, ืืืื him the other side is not picked up, he only picked up half. When a person only picks up half of an object, he's not ืงืื ื at all. So this guy picked up half, he should not be ืงืื ื. The other guy picked up half, and ืืืื him the second half is not picked up because he didn't pick it up. So he he picked up half, so they're both not ืงืื ื. So
why does the Mishnah say they're both ืงืื ื? ืืืืืจื that none of them is ืงืื ื, and if a third person will come from the street and grab it away from them, he should keep it because they're both not ืงืื ื. Why are they both ืงืื ื? So we have to say that the other guy who picked up the other side worked for me. So I picked up half, the other guy who picked the other half works for me as if I picked it up. But I didn't. Well, he picked it up having in mind for himself, but for me also. So, therefore, I'm ืงืื ื because I picked up ืืืืื I have the whole thing. I picked up this half myself, the other half he picked up, which worked for me. The same thing the other way: he picked up half for himself, so he has half, and the other side I picked up, and it worked for him. But if the ืืื would be that if I pick up for somebody else it doesn't work, then each one only picked up half. If, so the fact of the Mishnah that we say they're both ืงืื ื ืงืื ื it, is a ืจืืื that ืืืืืื ืืฆืืื ืืืืืจื, if you pick up for somebody else you're ืงืื ื. Okay, so that's the ืงืฉืื also ืืคืืจืฉ, Maharsha, or the Pnei Yehoshua, he's asking a ืฉืืื, but in our Mishnah, for sure the guy says, \"I didn't pick up for the other guy.\" He says, \"ืืืื ืฉืื.\" So he says that this is a l'maskana we understand it, l'maskana the raya is from the Mishnah, the end of the Mishnah where it says ืฉื ืื ืืืืงืื. So they both agreed that I picked up for me and for him. And there, takeh, he had in mind, whatever it is, but this is the Gemara here. Comes Rava bar Chama, comes Rava, I mean, ืืืจ Rava: it's no raya from the Mishnah. In the Mishnah, definitely it's true that the only way I'm koneh because the other guy's picking up, the other half works for me. But he says it's no raya that this is also the din if he picks it up only for me. You know why the Mishnah works? Because ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. Because the other guy is picking up, he's picking up for himself and for me. So when you pick up for yourself, and for yourself it works because it's for yourself, ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. So it works for you, it works for the other guy. But it's no raya from here that if he picks up only for the other guy, it should also work. So we have here a machloket between Rava bar Chama and Rava.
Rava bar Chama says we don't make that difference. Rava bar Chama says that in the Mishnah, even though the Mishnah is talking that he picked up for himself and the other guy, we still have a raya that if you pick up only for the other guy, it works. And Rava says no, the Mishnah is no raya. Why? Because the Mishnah is ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. So we have to understand, why is Rava's pshat not good? In other words, how does Rava bar Chama have a raya, takeh, from the Mishnah when there's a very easy way to show that the Mishnah is a different case? A raya always means that from that case, you must say the din is so-and-so. That's called a raya, a hechreach. But if I have a way to divide it, if I have a way to say that it's not the same, if I'm able to show maybe there it's different, like Rava says, ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื, how do you know that the same din would be if you pick it up only for the other guy? In other words, how does Rava bar Chama have a ra'ayah from the Mishnah? ืืืืืจื, Rava has a good chiluk, and the moment you're able to say, make a chiluk, you have no ra'ayah. Maybe that's only that case. Then Rava brings a ra'ayah to his din. What does Rava say? ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. Why in the Mishnah are you koneh, and it works for the other guy? Because since it works for you, it works for the other guy also. A ra'ayah, what's
Rava's ra'ayah? ืฉืื ืชืืข, the ra'ayah is this, ืฉืื ืืืจ ืืฉืืืื ืฆื ืืื ืื ืื, if someone says to a shaliach, \"Go and steal for me,\" ืืื ื, and the guy went and stole for him, patur. The meshale'ach, the one that sent him, is patur. Why is he patur? ืืื ืฉืืื ืืืืจ ืขืืืจื. I send the other guy to steal, he stole, ืืื ืฉืืื ืืืืจ ืขืืืจื. And Rashi gives the reason why ืืื ืฉืืื ืืืืจ ืขืืืจื, because ืืืจื ืืจื ืืืืจื ืืชืืืื, ืืืจื ืื ืฉืืืขืื? The Gemara says that if the Eibershter told you to do one thing and the person told you another thing, you have to listen to the Eibershter, so ืืื ืฉืืื ืืืืจ ืขืืืจื. Nevertheless, ืฉืืชืคืื ืฉืื ืื ืืืืืื. Mai ta'ama? ืืื? ืืฉืื ืืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. If two partners steal, then they're both chayav. And Rashi says what's the case that he means two partners stole? That if two guys make a deal, \"Let's go steal something,\" but only one guy actually does the actual geneivah. This guy breaks in, Reuven veShimon, or let's call him no, not Reuven veShimon, John and Jack. So John, your job in the stealing is you break into the house and you take it out. And Jack stands outside, makes sure the police doesn't come. So only one guy stole it. So what does Rashi say? ืืืื ืืืฆืืื ืืจืฉืืช ืืขืืื ืืืขืชื ืืืืขืช ืืืืจื. One guy takes it out, but he has in mind that I'm stealing it for me and on him. The other guy who didn't steal is chayav. And that's what Rava is saying. Rava wants to prove that there is a difference between a guy doing it only for the other guy or doing it for himself and the other guy. Here we see a clear difference. If a guy himself steals only for the other guy, the stealing doesn't the ืื ืืื is the shaliach is chayav, the other guy is not chayav. It doesn't work for the other guy. But if he steals having in mind himself and the other guy, then the other guy is also chayav, it works for the other guy. Why? We must say, because ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. So Rava has this re'iyah. Mimela, Rava says the same thing with the Mishnah. When they both pick up, so each one is picking up for the other guy and for himself, then it works for the other guy. But if Only picking up for the other guy doesn't work, not like Rabbah bar Chana. Comes Tosafot, and
Tosafot says on Rashi, where does Rashi get this ืืื? Rashi says we find in Bava Kamma that if one guy steals and he has in mind for himself and for the other guy, the other guy is also chayav. But Tosafot is ืชืื on Rashi from the Gemara Bava Kamma, cuz there we're talking about ืืืืื, not stealing, where the guy ืฉืื's. What's the ืืื by ืืืืื ืืืืืจื? If a guy ืฉืื's a ืฉื or a ืฉืืจ, you don't only, you steal it and then you ืฉืื it, you don't only pay double, you pay four or five times as much. So there, the ืืื is if you ืฉืื it having in mind the other guy, the other guy is also chayav. But over there it's a special ืืื, Tosafot says, because by ืืืืื there's a special ืคืกืืง that ืืฉ ืฉืืื ืืืืจ ืขืืืจื. But by regular ืื ืืื it doesn't work. So what does Tosafot say is the peshat in the ืืืจื ืฉืืชืคืื ืฉืื ืื, that they're both chayav? If they both together stole. But what we have to understand is Rashi. Tosafot has a good kashya on Rashi, because most of the mefarshim learn that Tosafos argues on Rashi's case. Some mefarshim learn that Tosafos is not arguing, Tosafos agrees with Rashi that if one guy steals for himself and the other guy, the other guy is chayav. All Tosafos is asking that your re'aya from the Gemara in Bava Kamma is no re'aya, cuz there it's ืืืืื. But Tosafos agrees to the shita. But most mefarshim learn not, Tosafos argues, and Tosafos holds very clearly that if you steal, one guy steals for himself and the other guy, the other guy is patur. For what reason? Cuz ืืื ืฉืืื ืืืืจ ืขืืืจื. So who cares if I have in mind for myself also? But my having in mind for the other guy doesn't work. Whether I do it for myself too or not, ืืื ืฉืืื ืืืืจ ืขืืืจื. I can't do an aveirah and it should work for the other guy. So how does Rashi say this? So we have to understand how does Rashi say it. Some want to answer on Rashi that Rashi is talking, holds it's talking only where they are partners be'etzem. Not the peshat this time they became partners, he says, \"You know what? Let's make a geneivah together.\" They are partners in all their businesses. They are partners from before, in their legal business and in their illegal business. Mimela, if they're be'etzem partners, that's why it works, even if the other guy didn't actually do it. And they're even medayek the lashon of the Gemara: ืฉืืชืคืื ืฉืื ืื, that means that they're partners from before. It's not the peshat two people decide to steal together. But again, this is a dochak to say, because Rashi would have said, if it's davka in a case where they're partners originally, Rashi would have said it. Anyway, the bottom line is, it's mashma that Rashi holds clearly that if a guy steals for himself, having in mind for himself and the other guy, you are chayav. And Tosafos's kashya the way most mefarshim learn is it's not true, you're not chayav. And the she'eilah is
how would Rashi answer the kashya? It's a very good kashya. Isn't the ืืื ืืื ืฉืืื ืืืืจ ืขืืืจื? So who cares that I stole it for me too? Why would we say migo d'zachi l'nafsheih zachi nami l'chavreih ืืืืจืื when ืืื ืฉืืื ืืืืจ ืขืืืจื? So mimela, the she'eilah is how would Rashi answer the kashya of Tosafot? Why would in this case Rashi hold you steal for yourself and the other guy, the other guy is chayav also, because it's as if he stole, but ืืื ืฉืืื ืืืืจ ืขืืืจื? So we have two she'eilot here. One she'eilah is what would Rashi do with Tosafot's kashya? And the other she'eilah is why doesn't Rabbah bar Chana learn like Rava, like we said before? Even though Rava says that there is a chiluk between stealing, picking it up for yourself and the other guy, there we say that the other guy is koneh also because migo d'zachi l'nafsheih, since he's zocheh for himself, he's zocheh for his friend. ืื ืฉืืื ืื when he picks it up only for his friend, there is no migo d'zachi l'nafsheih. So the she'eilah is why, what does, why can't Rabbah bar Chana make that chiluk? So, okay, so ืืื ื ื ืื, that's what we're going to go into. Is Rava's sevara so pashut? We're saying, my she'eilah is why doesn't Rabbah bar Chana learn like, lichorah it's a chiluk. So the she'eilah is if what's, obviously Rabbah bar Chana learned that Rava's sevara is not pashut. To say this sevara of migo d'zachi l'nafshei is not a good sevara. Now I have, I'll tell you, yeah, it seems that way, that I could understand why Rabbah bar Chana does not learn Rava's sevara. What does Rava do? Rava makes a chiluk between if he's koneh for himself also, then it works for the other guy. ืื ืฉืืื ืื if he's only koneh for the other guy, it doesn't work. Likhora, what's the chiluk? Likhora, al pi sechel, there should be no chiluk. What's the reason why Rava holds ืืื ืืืืื ืืฆืืื ืืืืืจื ืื ืงื ื ืืืืจื? Rava holds that if you pick up only for the other guy, you're not koneh. Why not? So Rashi says why: ืืขืื ืืืืจ ืืงืื ืืืื ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. The Gemara on ืืฃ ืืณ says there's a din that if a person owes a few people money, only has enough money to pay one, so The guy himself, one of the creditors will come and grab that money, he got it. If a stranger will come and grab it on his behalf, ืืืงืื ืฉืื ืืืืจืื ื, when other people will lose, like this if you grab money, Reuven owes Shimon money, and a stranger comes and grabs it and gives it to Reuven, arayngachapt, but by doing that he is going to ruin for others, so we say a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื, if you grab money for one guy on behalf of a baal chov, but at the same time you're making it bad for others, it doesn't work. Same thing here: when you have a metziah on the floor, every person in the world could grab it. So if I go, me too, I could grab it too, if I grab it myself, gut, I grabbed it. I, other people are going to lose? No problem, just like by the chov, if the creditor himself, one of the people that's owed the money grabs it, he keeps it. But if I'm going to grab it for somebody else, and making it worse for others, cuz no one else could take it, that's a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื ืื ืงื ื. So the reason why Rava holds that ืืืืืื ืืฆืืื ืืืืืจื ืื ืงื ื ืืืืจื is because of this reason. And the Gemara on ืืฃ ืืณ says it clearly. The Gemara says here, clearly, ืืจื ื ืืื ืืจื ืืกืื ืืืืจื ืชืจืืืืืื: ืืืืืื ืืฆืืื ืืืืืจื ืื ืงื ื ืืืืจื. ืืื ืืขืื? ืืื ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื, ืืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื ืื ืงื ื. The question is, if so, if that's the reason, what's the difference if you grabbed it for yourself also? You're still a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื. So you grabbed it for yourself also, so you grab it for yourself, and you have in mind for the other guy. So the part that's for yourself is fine, but the part that you're grabbing for the other guy and you wanted to help the other guy, that part is ืชืืคืก ืืืขื ืืื. You're ืชืืคืก for a different baal chov, and you're ruining it for the other people in the street, so why does that work? In other words, according to Rava, Reuven is saying like this: we have a sevara that you cannot pick up a ืืฆืืื for somebody else, you can't, and the reason is because you're a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื. Nevertheless, if you're doing it for yourself also, ืืืื ืืืื ืื ืคืฉืื ืืื ืืืืจืื, which means the fact that it's a ืืืื ืืืื overruns the inyan of ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื, why? Ein hachi nami, I'm ืืืื for myself too, so that's a fine thing, gezunterheit, you're allowed to do it. So that, and therefore I could be ืืืื for the other guy too. When there's a problem of ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื, what's the difference? See, someone might say I'll tell you what the difference is: ืชืืคืก ืืืขื ืืื means a stranger comes who has nothing to do with this loan, and he grabs it for another guy. In this case, he's not a stranger, because he's doing it for himself too. Yeah, but we're saying ืืืื the other half, he is a stranger, cuz the other half he's not he's not getting it, so it's not for himself, so he's doing it for somebody else. Let's say let's say the guy who picks it up for his friend, he's one of the ืืขืื ืืืืืช, and he's forgoing his payment. That's what he's doing, he himself No, that's when we got so he's ืืืื the ืืื, there's nothing No, so he can't pick up. If he's ืืืื his ืืื, he can't pick up for somebody else. In other words, he's giving a good example, he's helping me out now. If you have a guy owes three people money, and one of the three ืืขืื ืืืืืช comes and grabs, but not for himself, for the other guy, it won't work, unless he's ืืืื his ืืื, it's something else. So then he's paying the other guy, he's grabbing for himself and giving it to the other guy, that's no problem, he could grab for himself. But if he says clearly, \"I'm not ืืืื the ืืื, the guy still owes me, but I want to help the other guy better, I know he's poor, he needs the money, so I'll go and grab for him, and I'm not ืืืื my ืืื,\" it won't work, because you're a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื. So in this case also, even though he's grabbing for himself also of certain parts, but the fact that he has in mind for the other guy, there he is a stranger, and a ืชืืคืก ืืืงืื ืฉืื ืืืืจืื ื ืื ืงื ื. In other words, what is the geder of why is ืืืื ืืืื ืื ืคืฉืื help you out? So, dos farshtei nisht in Rava. Isn't it because of a ืืฆืืื other people in the world are not losing out, it's not a So, that's But the Gemara doesn't say that obviously. We're not talking about what I'm saying, the Gemara says that this is called ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื. If other people have a right to get it, it's called ืชืืคืก ืืืขื ืืื, the Gemara says it. That's not a fact when it came to No, right, no, definitely, the Gemara makes it clear that it's called a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื ื. Yeah, the Gemara says this is a din of ืืื ืชืืคืก ืืืขื ืืื. No, he is! Oh, my she'eilah is, but lichorah if it, Rashi here says clearly that why does Rava hold that ืืืืืื ืืืืืื ืืฆืืื ืืืืืจื ืื ืงื ื ืืืืจื. Cuz it's ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. ืืื ืืื? If you do it for yourself, how does that work? In other words, we want to understand what is Rava's idea? How does that work? That because your your ืืืื ืืืื ืื ืคืฉืื ืืื ืืืืื we don't care that your say that that your ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. Why don't we care? What is What is the change? Sof kol sof, you're still ืชืืคืก ืืืขื ืืื? That what? I don't know, see. Could be that he'll say different. It's funny by a talit. The guy is grabbing but what he asks, he's grabbing for himself or not like he said, but grabbing for himself and for the other guy. Grabbing two. Two parts. Basically, he asked a good she'elah. If a guy, if you owe three people and one guy comes and and he has enough to pay for two, and he grabs for himself and for the other guy. Yeah, but I think that the money is different. Each each dollar he grabs is a different dollar. If he grabs his and he grabs, it probably wouldn't work. ืืืืืื ืืืืืจื is only for your friend. Our Mishnah is for both. So Rava says, \"For only for your friend doesn't work, and for yourself and your friend does work cuz it's all one talit.\" But we'll see. When we get to the whole thing, we'll see. I want to explain what I'm asking more ืืคืจืืืืช. Normally, you learn peshat in this This negated to peshat in the Gemara de-Rami bar Chama and and Rava. Normally, we learn that Rava holds of the ืกืืจื ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. And Rami bar Chama does not hold of that sevara. And therefore Rava's and Rami bar Chama says, \"We don't accept I don't accept such a sevara that because you could do it for yourself, you'll do it for the other guy. Or it works for the other guy, or it doesn't work for the other guy. And since in the Mishnah we see that it does work for the other guy, is a re'ayah that ืืืืืื ืืฆืืื ืืืืืจื ืงื ื ืืืืจื.\" Comes Rava, and Rava says, \"No, I come up with a sevara. I hold of a ืกืืจื ืืืื ืืืื ืื ืคืฉืื.\" Oh, if you hold of the ืกืืจื ืืืื ืืืื ืื ืคืฉืื, then you can be ืืืืง between picking up only for the other guy or for both. You understand what I'm saying? That's how you learn peshat in the Gemara. That's how normally people who would learn. Why does Why does Rami bar Chama not make a ืืืืืง between picking up both for himself and the other guy ืืืื picking up only for the other guy? Pashut. Because Rava said Rami bar Chama says, \"There's no difference.\" \"I don't hold of the ืกืืจื ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. I don't hold of such a sevara. That because you ืงืื ื like I
said, and I understand why, because I said before. I don't hold of such a sevara. Or yeah, or not. Mimela, that's why he says, \"ืจืืฉื ืืชืจืฅ could be a sevara you couldn't do it for the other guy at all. But if I see in the Mishnah that you could and I don't hold of the ืกืืจื ืืืื ืืืื ืื ืคืฉืื, so if you could do it in the Mishnah obviously the din is that you could do it for the other guy. Because I don't hold of a chiluk between doing it for yourself also, because I don't hold of a ืืืื ืืืื ืื ืคืฉืื.\" Comes Rava, and Rava says, \"Not true! There is a ืกืืจื ืืืื ืืืื ืื ืคืฉืื. Memayla, there is a chiluk between picking it up only for him or for yourself and him. Because if yourself and him there is a new sevara,\" he says, \"ืืืื ืืืื ืื ืคืฉืื. So if I have a sevara, I could make a chiluk between this din and the Mishnah's din. But Rami bar Chama says, \"I don't hold of the sevara. Memayla, I don't see a chiluk between the Mishnah and the big two picking up and one because what's the difference? They're both picking up for the other guy. I hear you're picking for yourself also. So, big deal. So what is it that you're picking up for the other guy? It's still a problem. If it's a problem, it's a problem, if not, not.\" The
truth is this is not the real this is not the right pshat. Rami bar Chama agrees with the ืกืืจื ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. He agrees that if your migo since you pick up for yourself, it works for the other guy. The difference between Rava and and Rami bar Chama is this. Have to listen. Rava says we only say ืืืื ืืืื ืื ืคืฉืื since you are ืืคืืขื ืงืื ื for yourself, you are also ืงืื ื for the other guy. And Rami bar Chama says, \"I hold of ืืืื ืืืื ืื ืคืฉืื, but I hold it a step further. ืืืื ืืืื not only since you're ืงืื ื for yourself, since you're able to be ืงืื ื for yourself. ืืืื ืืื ืืขื ืืื ืื ืคืฉืื. Every time I pick up for somebody else only, I could have picked this up for myself. So I have the power of being ืงืื ื it. So I say ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. So memayla Rava and Rami bar Chama there is no difference if I pick it up only for him or I pick it up for me and for him. The reason you want to tell me why if I pick it up for me and for him works, because ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. I'm telling you it's a step further. ืืืื ืืืื ืื ืคืฉืื means ืืืขืชืื Rav Acha bar Chama says ืืืื ืืืืื ืืืืื, 'cause since I could be ืืืื, that's how far I go. And mimela they're both the same. So you can't be mechalek that the Mishnah is different because the Mishnah he's ืงืื ื for himself and you have the logic of ืืืื ืืืื ืื ืคืฉืื. In the case where you pick up only for him, you also have the sevara of ืืืื ืืืื ืื ืคืฉืื, ืืืื ืืืืื ืืืืื. ืืฉืืดื Rava says, \"No, no, I don't say that. I don't say ืืืื ืืืืื ืืืืื, ืืืื ืืืื not ืืคืืขื, but ืืืื since he was ืืืื, since he could have been ืืืื for himself, or mimela since he could have been ืืืื, this power also goes on being ืืืื for him. I don't say that. But if you are ืืืื ืืคืืขื, you do.\" The question is on Rava, that means according to this that Rava holds we do not say the sevara of ืืืื ืืืืื ืืืืื. That's what comes out. Rava says, \"I only say ืืืื ืืืื ืื ืคืฉืื if I'm ืืคืืขื ืืืื for myself. But the fact that I have a power, an ability to be ืืืื ืืื, that's not enough.\" That's what Rava says. But lichora,
why shouldn't we say it? Don't we have a clear Gemara later ืืฃ ื ืขืดื that we should? What's the Gemara in ืืฃ ื ืขืืื ื? The Gemara says like this. It says it quotes a Mishnah by Peah: ืื ืฉืืืงื ืืช ืืคืื... We know the din is that you leave over Peah at the end of the field. Who does Who does the Peah go to? To? To the poor people, to the aniyim. The question is if one person picks it up not for himself and he says, \"I'm taking it ืืคืืื ื ืขื ื,\" ืื ืฉืืืงื ืืช ืืคืื ืืืืจ, \"ืืจื ืื ืืคืืื ื ืขื ื,\" \"I'm taking it for somebody else.\" ืจืื ืืืืขืืจ ืืืืจ: \"ืืื ืื.\" Yeah, the other guy is ืืืื. ืืืืืื ืืืืจืื: \"ืืชื ื ื ืืขื ื ืื ืืฆื ืจืืฉืื.\" Too bad, you can't take it for him. You got to the first ืขื ื you find you got to give it. ืืืจ ืขืืื, ืืืจ ืจืื ืืืืฉืข ืื ืืื: What's the machloket? Machloket is ืืขืฉืืจ ืืขื ื. The one that picked it up is not an ืขื ื. And ืจืื ืืืขืืจ ืกืืจ: ืืืื ืืื ืืขื ืืคืงืจ ื ืืกืื ืืืื ืขื ื ืืืื ืืื, ืืฉืชื ื ืื ืืื ืืื. This ืขืฉืืจ could become an ืขื ื. B'koach he's an ืขื ื. He could in one second become an ืขื ื. Not only because the stock market could drop in a second and he loses all his money. He could be mafkir his ื ืืกืื any second and doesn't have anything, so he's an ืขื ื. Then, if he's an ืขื ื, ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. Now that he's an ืขื ื, he could take for himself. If he could take for himself, he could already take Since he could take for himself, he could take the other guy. ืืจืื ื ืกืืจื You're coming back, right? And the rabbanan
holds: ืื ืืืื ืืืจืื ื, ืชืจื ืืืื ืื ืืืจืื ื. Chachamim says, \"It's no good. You can't.\" Why? Because we don't say two migos. First of all, migo he could become an ืขื ื. He's not an ืขื ื. In theory, he's like an ืขื ื, because he wants, he could become an ืขื ื. And even after he's an ืขื ื, how should it work? 'Cause migo he could take it for himself, so he could take it for so it's two migos. ืืื ืืขื ื ืืขื ื, ืืืจื ืืื ืืื ืื. But let's say the one that's picking it up is himself an ืขื ื, everyone agrees that he could work it, and he's not taking for himself, because ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. Since I could pick it up for me, because I'm an ืขื ื, I could be zocheh for him. And that's no machloket, that every tana agrees with it. The machloket is that the rabbanan holds if it's not an ืขื ื, you want to say two ืืืืืก, ืชืจื ืืืื ืื ืืืจืื ื. So we see from this Gemara that we do say the sevara of migo that you could have been zocheh for yourself, m'meila you're zoche for the other guy. So how did we say that Rava holds we don't say such a migo? What did we say? Rav Acha bar Chama holds why ืืืืืื ืืฆืืื ืืืืืจื ืงื ื ืืืืจื? Because of migo takeh, also migo. Migo that you could have zoche for yourself, so ืืืื ืืืื ืื ืคืฉืื, but the taytsh here ืืื means you could have been ืืืื, ืืื ื ืื ืืืืจืื. Rava says, \"No, we only say ืืืื ืืืื ืื ืคืฉืื ืืคืืขื, not ืืื.\" But why would Rava say we don't say it when the Gemara later on says beferush we do say it? Chachamim also say it. Chachamim just don't say two migos. But one migo, here it's one migo. Here this guy could have picked it up the way he is now, he could have picked it up for himself. And we say ืืืื ืืืื, ืืืื he could have picked it himself, ืืื ืืืืจืื. That's what the Rabbanan also agree. When don't the Rabbanan agree? When he himself, the way he is now, couldn't pick it up, he's an ashir. So you got to go two steps: he could become an ani, so we look at him ืืื he could be an ani, then if he'd be an ani, he could take it for himself, so ืืื he could take it, so he could take the other guy. So it's two ืืืืืก, ืชืจื ืืืื ืื ืืืจืื ื. Huh? Yeah, but this is two ืืื'ืก, this is one ืืื. This is two steps. So that's the kashya on Rava, that here it's ืืื and and Everyone agrees that we say it, so how come by ืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื, by ืืืืืื ืืฆืืื ืืืืืจื ืจืื doesn't say it? The Gemara? No, the Gemara later changes, the Gemara says ืืืืืื. ืจื ื ืืื ืืจื ืืกืื ืืืืจื ืชืจืืืืืื ืืืืืื ืืฆืืื ืืืืืจื ืื ืงื ื ืืืืจื. ืืื ืืขืื? ืืืื ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. Let's, let's understand what I'm saying. So lichorah my she'eilah is: why does not Rava hold that if he picks it up for the other guy he should be ืงืื ื because ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื? ืืื, he's not doing it for himself? But he could have done it for himself, so the Gemara says we still say ืืืื ืืืื ืื ืคืฉืื in that case. The answer is very pashut lichorah, it's not pashut. The answer is because here we have a problem, is that ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื, which for some reason by this ืคืื we don't say that, it's not even though you're taking it for other ืขื ืืื, but we don't say it. We see it from the Gemara later. So here Rava says we have a problem. ืืืืืื you could say ืืืื ืืืื ืื ืคืฉืื, you could be ืืืื, ืืื ื ืื ืืืืจืื, but here we have a problem, the problem is because you have a you're ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื, which for some reason ืืคืืจืฉ we talk about by ืคืื the, and we see it in the Gemara ืืฃ ื\"ื, after this whole Gemara that we just said now from over there, that everyone agrees you could take the ืคืื for another guy, after that comes the Gemara: ืจื ื ืืื ืืจื ืืกืื ืืืืจื ืชืจืืืืืื ืืืืืื ืืฆืืื ืืืืืจื ืื ืงื ื ืืืืจื. The Gemara goes ืืืืฉื to before. Before we said by ืคืื if you pick it up for the other guy and he's not two ืืืืืก, one ืืืื, you pick it up only if we say ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื. So after, but by ืืืืืื ืืฆืืื ืืืืืจื, then we don't do it. ืืื ืืขืื? Because ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. So Rava will say: when do we say ืืืืืื ืื ืืืื ืืืืื ืืืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื? If there is no problem of ืืื- of ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. ืื ืฉืืื ืื in the case of where there is, by the case of our case of picking it up for somebody else where there's a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื, then it doesn't work, because you got a problem. That's how we'll say peshat in Rava. But now I'm going back to my original she'eilah: so how come when you pick it up for yourself it does work? If a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื overpowers the ืืืื ืืืื ืื ืคืฉืื, that's what we're saying, even though b'etzem there is a ืืื ืืืื ืืืื ืื ืคืฉืื ืืคืืื if the other, if you pick it up only for him, there is a ืืืื ืืืื ืื ืคืฉืื, ืืืื ืืืืื ืืืืืื. Nevertheless we say Rava says: but it doesn't work in our case, it only works by the case of Peah, in our case it doesn't work, why? Because a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. Oib azoi, how does Rava continue and say: but if ืืืื ืืืื ืื ืคืฉืื ืืคืืขื, oh, then it does work? Ay, you're still ืชืืคืก ืืืขื ืืื? So be'emet what I'm doing now, I'm going back to the kashya as before, I just explained it better. But the kashya on Rava is: why is it there is a difference between picking up only for him or picking up for both? If picking up only for him doesn't work because you're a ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื, ืืืืืื we do not say the sevara of ืืืื ืืืื ืื ืคืฉืื, why if you pick it up for yourself, and then we do say the sevara of ืืืื ืืืื ืื ืคืฉืื? They're both migo ืืืื, ืืื ืืื? Here it's ืืืื ืืืื ืื ืคืฉืื, I could have been zoche, not that I am, here I am ืืืื ืืคืืขื, but sof kol sof it's all based on the ืืืื ืืืื ืื ืคืฉืื, and if you can't say it by picking up only for him, how do you say it by picking up for both? Okay. To explain all this, let's get into this sugya. We said that the machloket in the Rabbanan and Rabbi Elazar, they both agree you say ืืืื ืืืื, ืืืื you could have been zoche for yourself, if it's only picking up, you could have been zoche for yourself, you're zoche for him also. Nevertheless the Rabbanan say ืชืจื ืืืื ืื ืืืจืื ื, if it's two migos we don't. What's the pshat? What's the chiluk? So it's not a kashya, because we, everyone could understand there's a difference if it's one step or two steps, it's too far. But be'emet I want to give a little bit deeper bi'ur in what's the pshat that the Rabbanan hold there's a machloket between the Rabbanan and Rabbi Elazar if you say the two migos or not. So come like this: this whole inyan of the migo, it's not only here. What's the taytsh of the migo? It's not a migo looking. Migo, ืืขืจ ืคืืจืืฉ ืคืื migo ืืื ืืชืื, migo means since this and this happens, this happens also. And we find that in many places in Shas where we say in other things, sometimes we call it ืืืืื, sometimes we call it migo. Let's give an example: the Gemara in Shabbos ืืฃ ืงื\"ื ืขืืื ื'. The Gemara says that Rabbi Elazar holds ืืืฉืืจื ืืฆืื ืืืื ืืช ืืฉืืช. Anything that you do for a mitzvah is ืืืื ืฉืืช. Nevertheless he says you can't put tzitzit into your ืืื on Shabbos. Ayei, it's a mitzvah? So the Gemara says: you know why? Because you're only ืืืื ืืฆืืฆืืช if it's your ืืื. Migo or ืืืืื you could have been ืืคืงืืจ it! In one second I could say: this ืืื, it's not mine. The moment it's not mine, I'm not ืืืื to put in tzitzit. Huh? No, take it off. Or could be even if you're wearing it, but al kol panim you don't have to wear it. Even if ืืืืช, even if you're wearing it, it's not ืืืื ืืฆืืฆืืช. A ืืื, the Torah says ืืืืืื ืชืขืฉื ืื, but not ืฉื ืืืืจื. And a borrowed ืืื, you're not you're not ืืืื ืืฆืืฆืืช. So so that's the zogt Rabbi Elazar that's not called that you're ืืืื ืฉืืช. Why? Because of this ืกืืจื. ืืืืช, ืืืืช, since migo we don't say that, since you could have been ืืคืงืืจ it, ืืืืืื it wouldn't be yours, so now it's like it's not yours and you can't do it. So we say that migo. Gemara in Eruvin ืืฃ ื\"ื ืขืืื ื', when you make an ืขืืจืื ืชืืืืื let's say, you put down food, has to be food that's ืจืืื to eat. What about a ื ืืืจ putting down wine? ืืขืจืืื ืื ืืืจ ืืืื. And the Gemara says later, because a person a ื ืืืจ is a ื ืืจ. You could be ืฉืืื on your ื ืืจ, ืืชืืจ ื ืืจ, and you won't be a ื ืืืจ anymore, and you'll be able to drink it. ืืื, now you're not ืืชืืจ? Migo! ืืืืื, ืื ืืขื ืฉืืื. Gemara ืืฃ ื\"ื ืขืืื ื' in Eruvin it says ืืขืจืืื ืืืืื. We all know what ืืืื is. It's food that an am ha'aretz sold you, he took off maaser, and we don't trust him, and you have to take off again without a bracha. That's called ืืืื. As long as you didn't take off the second time, it's ืืืื, you can't eat it. So you still could make an ืขืืจืื with ืืืื. ืืื, you can't eat it? So the Gemara says there, ืืืื ืืื ืืขื ืืคืงืจ ืื ืืกืื. An ani it says is allowed to eat ืืืื. Poor man. You could become a poor man in a second. ืืื, you're not? Migo! What's the taytsh? This is the taytsh. So we
see the inyan of migo. And there is no she'eilah, no machloket here. Everyone agrees we say such a sevara that ืืืืช you could have done this, so it works even if you didn't do it since you could have done it. There's another place where we find where there's a machloket. The Gemara in Pesachim, ืืืืคื ืืืื ืืื ืืืื. If someone bakes on Yom Tov, but he bakes for the weekdays. You're not allowed to do a melacha on Yom Tov for after Yom Tov. He he bakes bechavana. Middle of the day of Yom Tov, he bakes for tomorrow. Tomorrow is already after Yom Tov. There's a machloket there in Gemara whether he's chayav or not, whether he gets makot. One sevara is he gets makot because you know if you bake it's a melacha and it's not for today. And the other one says, no, ืืืืื ืืื ืืืงืืขื ืืื ืืืจืืื, you bake it might guests might still come. You never know, someone might come in from out of town, some out of town from a from a from a guy and and you'll be able to feed them today. So even though befoal you're not intending to do it for, but you never know. It's possible. And there's a machloket. One says you do say ho'il, since you could have mimela we look at it now you're not chayav. And one says you don't. What's the sevara? How come here there's a machloket? The other cases we brought regarding migo or ho'il, no machloket. Everyone says ho'il you could be ืืคืงืืจ your ื ืืกืื. Ay, you didn't? But you could! In the other one by demay, all the cases. Huh? On Pesachim we find a machloket. The rest there's no machloket? Why why is there no machloket? Why is this a machloket? It's based on someone else. So what's the difference? Okay. That must be the vort. The vort must be like this. And I'll explain it. He's saying very good. It's based on someone else, but it's not just the word someone else. And this is but I'll tell you what it means. What's the taitch of of ho'il? It's bekoach. Bekoach. It's potential. And we look at this potential, and we take that in consideration. The potential is as good as the befoal. In that bekoach which we consider as befoal, there are two levels of bekoach. There is bekoach I want to call it this, ืืงืจืื ืื ืืคืืขื, and there is ืืื ืืจืืืง ืื ืืคืืขื. There is bekoach which is close to poal. To be ืืคืงืืจ your ื ืืกืื takes a second, and you could do it. It's very it's ืคืฉืื ืืื only cuz in fact I didn't do it. But it's close to poal. B'koach the b'koach of ืืืืื ืืืืงืืขื ืืืจืืื, it's ืจืืืง ืื ืืคืืขื because it's not in your control. You never know. ืืืืจืืื it's not up to you. Here it's up to you, so in theory I could do it in a second, and if I want I could do it. By the by the case of the the baking, you could want from today till tomorrow. It's not up to you. So that's called a ืืื ืืจืืืง ืื ืืคืืขื. And a ืืื ืืจืืืง ืื ืืคืืขื is a machloket. One says you still say it, and one says you don't. I want to hear the same thing by the two migos. Is that a machloket whether we say two migos or not? The fact that it becomes it's two migos, the the b'koach is a far b'koach. B'koach of a person who's an ืขื ื, ืืืื that he could be b'koach schlep it for himself. He could. The fact that he could make himself into an ืขื ื, ืขืฉืืจ makes himself into, and then the ืขื ื himself, that's a far b'koach. That's why here there's a machloket. Since a machloket is over there, so I
want to make a klal: that wherever it's a ืืื ืืงืจืื ืื ืืคืืขื, we say that this is the b'koach; wherever it's ืืื ืืจืืืง ืื ืืคืืขื, which is far, is a machloket. And I want to say here more: the inyan of the migo or the ืืืขืื that we're saying is not just we follow the b'koach. I want to say it in a little different words, which will give it more understanding. The teitch of saying migo, I would call is the ืืชืคืฉืืืช of this to that. Because he could do it b'koach, that b'koach is ืืชืคืฉื, spreads out to the next step. It spreads out to the poal. Whatever you could have done b'koach is considered as if poal, because since you could do it b'koach, it's ืืชืคืฉื to the poal. When do you say something is ืืชืคืฉื? And I'll tell you: I find a case of migo, where the Gemara uses the word migo, and there it's definitely a hitpashtut. And mimela that gives us an understanding of all the case of migo. The case in the Gemara Sukkah: ืืืื ืืืื ืืืคื ืืขื ืื ืกืืื ืืื ืืืคื ืืขื ืื ืฉืืช. There is a ืืื ืืืืฆื by Sukkah, a whole ืืื how you have to have walls to the Sukkah, all kinds of ืืื ืื what's considered a wall, what's not. Shabbos there's also a ืืื of walls, what's called a ืจืฉืืช ืืืืื, what's not. In certain details there are different ืืื ืื. Certain details that by Sukkah this is considered a ืืืืฆื, and for Shabbos it's not. ืืืื ืื ืืืจื that if you have a ืืืืฆื of a Sukkah on Sukkos, the Shabbos of Sukkos, that works for Shabbos too. That if you have a wall of a Sukkah, which that wall ืืืื ืฉืืช is not considered a wall, mimela it doesn't make it into ืจืฉืืช ืืืืื, ืฉืืช ืกืืืืช it will. And the Gemara uses this ืืฉืื, the ืืฉืื, the same ืืฉืื ืืืื: ืืืื ืืืื ืืืคื ืืขื ืื ืกืืื, since already it's a wall ืืืื ืกืืื, ืืื ืืืคื also ืืืื ืฉืืช also. What's the peshat? Here is definitely hitpashtut. The ืืื ืืืคื from Sukkah is mitpashet, spreads out to the ืืื ืืืคื of Shabbos. So it's hitpashtut one to the other. So I want to say that the same ืืฉืื that we find that migo that you could ื ืฉืื on a ื ืืจ and you become ืืื ื ื ืืืจ, you could be ืืคืงืืจ ื ืืกืื, ืืืื ืืืื ืื ืคืฉืื, it's all a ืืชืคืฉืืืช from the bekoach to the bepoel. That even though it's not bepoel, but it's ืืชืคืฉื from the bekoach to the bepoel. Which by the way, if we say that, then this migo is basically like a regular migo. We use the same ืืฉืื, but like I said before, it's complete, has nothing to do with it, migo you could have taanah'd this, but if you say ืืชืคืฉืืืช, it's the same. What's the pshat a regular migo? If you learn that it's a ืืืจืืจ, it has nothing to do, you could have taanah'd this. But if you learn ืืืืช ืืืขื ื, the other one, what is the pshat? Since you could have taanah'd the other taanah, and you're not taanah'ing, the right of the other taanah is ืืชืคืฉื to this taanah, that's the ืืืืืฉ ืืืืช ืืืขื ื. That you could have taanah'd let's say ืืืืืืฃ, and you would have won the case. You didn't ืืขื ื ืืืืืืฃ, but you could have. So now that you're taanah'ing ืคืจืืข, you're winning the case because of that ืืขื ื ืืืืืืฃ. ืืื, you didn't taanah it, so we're saying the fact that that taanah
exists, it's ืืชืคืฉื to this taanah. So the ืืืจ of a migo by a regular migo is a ืืชืคืฉืืืช of one taanah to the other. The ืืืื ืืืื ืืืคื ืืกืืื ืืื ืืืคื ืืฉืืช is a ืืชืคืฉืืืช of ืืืืฆื from sukkah to Shabbos. So I want to say the other migo is the same: it's the ืืชืคืฉืืืช of the ืืื to the ืืคืืขื. It's the ืืชืคืฉืืืช of the way you could have done to the ืืคืืขื. Now, since it's a ืืืจ of ืืชืคืฉืืืช, where is it ืืชืคืฉื? Only to close. If it's a ืืื ืืจืืืง, then it's far. It's not ืืชืคืฉื that far. In other words, I said before that if ืืื and if it's ืืชืคืฉืืืช if it's far, we don't say that not everyone agrees that it's a ืืื. But if you use the word ืืชืคืฉืืืช, it makes it even more sense, because ืืชืคืฉื means it spreads, and obviously when it spreads, it gets weaker as it spreads, and goes only a certain level, it doesn't go too far. Al derech like you find in Likkutei Sichos, ืืืง ืืดื, there I quote it ืกืืฃ ืขืืื 121, there the Gemara, the Rebbe brings about the, it's talked about the Gemara of ืืขืฉืจ ืืืื. ืืขืฉืจ ืืืื is the tenth. You let the ten ืืืืืช into the, all the ืืืืืช into the stable and they go out, every tenth, you count 1, 2, 3 and tenth is ืืขืฉืจ, ืืขืฉืจ ืืืื. The Gemara says, but what happens if you made a mistake? ืงืจื ืืชืฉืืขื ืขืฉืืจื, and by mistake you said on the ninth that 10, the number 10, it becomes ืงืืืฉ. ืขืฉืืจื is also ืงืืืฉ, because the tenth is automatically ืงืืืฉ. The ninth is also ืงืืืฉ. What happens ืงืจื ืืืดื ืขืฉืืจื, you called the 11th ืขืฉืืจื? It's also ืงืืืฉ. And then the Gemara: what happens What happens if you called the eighth one ืขืฉืืจื, or the twelfth? Not ืงืืืฉ. And the Rebbe, and the Gemara says, we learn out for ืื ืืกืืื ืืื, it's only works if he called ืงืืืฉ to the one that's close. And the Rebbe learns the pshat, because the reason why the ninth one could be ืงืืืฉ, cuz there's a ืืชืคืฉืืืช from the tenth. And the ืืชืคืฉืืืช only works to the ืกืืื. The ืืชืคืฉืืืช from the tenth only goes close to it is ืืชืคืฉื. From the tenth to the eighth, it does not ืืชืคืฉื. From the tenth to the twelfth, it's not ืืชืคืฉื. So I want to use the same logic here, too. That if we're going to say that the ืืืจ of migoโwhat do you mean, speak by the tenth and the eleventh? The ninth, you mean. It's ืืชืคืฉื both ways, no? They're both ืกืืื, yeah. The middle one is there, so it's ืืชืคืฉื to the one before, so to the one after. Yeah, the ืงืืืฉื is ืืชืคืฉื. That's ืื ืืกืืื ืืื, it goes to a ืกืืื. So this is the ืืืจ of this, you could say this migo also. ืืืื ืืืื ืื ืคืฉืื is a ืืชืคืฉืืืช from the fact that you could from your ืืื to the ืืคืืขื. Fine. What did we say? If it's a ืืชืคืฉืืืช that's close, everyone agrees. If
it's a ืืชืคืฉืืืช that's far, then it's a machloket. That's the machloket of Rabbanan and Rabbi Elazar. If it's two ืืืืืก, so the ืืชืคืฉืืืช of the actual being able to take the ืืขืฉืจ, the the ืคืื for the guy has to go two steps. So it's a ืืชืคืฉืืืช from the fact that you're able to take in two steps, that's called a that's ืจืืืง. Then the then there's a machloket. Some say yes, some say not. So Rabbanan say not, and Rabbi Elazar says yes. I could see a machloket. I want to apply the same thing in ื ืืืข ืืืื ืืืื ืื ืคืฉืื ืืื ื ืื ืืืืจืื in our case. The machloket between Rami bar Chama and the and the Rava is this: Rava says, if it's only for the other guy, so it's a migo that you could be ืืืื for him, that Rava calls a ืืชืคืฉืืืช of a ืืืจ ืืจืืืง. Why is it ืจืืืง? ืจืืืง doesn't mean far in space. ืจืืืง means there is something blocking it. There is something blocking it. What's blocking the fact that I pick up for him should work? You tell me what's blocking it? ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. So Rava says it's blocking, it doesn't work. Ah, you have a she'eilah, what about if you pick I'm saying if you pick up ืืคืืขื you're picking up for yourself also, then it does work, because then it's not bringing a ืืชืคืฉืืืช from ืื to ืคืืขื. It's from ืคืืขื to ืคืืขื. From ืคืืขื to ืคืืขื, it works. When do we say that the ืืชืคืฉืืืช doesn't work if it's far? If you're trying to make a ืืชืคืฉืืืช from the ืืื. So the case when I pick up for him, so how will we say ืืืื ืืืื ืื ืคืฉืื? Migo that you could have been ืืืื, that we want to be ืืชืคืฉื to the ืืคืืขื. So we're saying we got a problem, there's a ืื ืืขื in the middle. You can't do it, because ืืืื ืืืื ืื ืคืฉืื has a problem, because it has a problem of ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื. Mah she'ein kein, if we're going to pick it up ืืคืืขื, then there is no problem, because you're not being ืืชืคืฉื ืื ืืื ืื ืืคืืขื, which you say it's a ืื ืจืืืง. It's ืื ืืคืืขื ืื ืืคืืขื. And the she'eilah we asked on Rava before: if ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื doesn't make can't do it, so who cares if you're picking it up for yourself also? So I'm answering now, because if the whole thing is the problem a ืืชืคืฉืืืช from ืื cannot come to ืคืืขื if it's far, but from the ืคืืขื, it could work, and you're picking it up ืืคืืขื. Mah she'ein kein, if it's only one if it's pick only for him, he holds it's it's a ืื ืืจืืืง, it doesn't work. But we said before whenever there's a ืื ืืจืืืง, it's not that it doesn't work, it's a ืืืืืงืช. The Rabbanan hold doesn't work, and Rabbi Elazar holds it works. By an ืืคืืื, where there is it's a ืจืืืง. Why is it ืจืืืง? For a different reason, because it's not up to you, someone else, the orchim, if they come or not. It's a machloket there, too. So there's a machloket here, too. Rami bar Chama says no, I don't care if it's ืจืืืง, I still say it works. Migo d'zachi lenafshei from ืื works to ืคืืขื. Ah, there is a ืื ืืขื in the middle, ืชืืคืก ืืืขื ืืื? But the ืืืื works anyway. Ah, it makes it into a ืื ืืจืืืง? He holds of the opinion that a ืื ืืจืืืง still works. And if he holds it still works, in the in the eyes of Rami bar Chama, there is no difference between picking it up only for your for him or for both. In both cases, you could say migo d'zachi lenafshei. So that's what that's Rami bar Chama says, look at our Mishnah. Our Mishnah says if they pick, so for both works. You cannot tell me that it only works because of migo d'zachi lenafshei, because if you're going to say it's only migo d'zachi lenafshei, it should work there, too. So ein hachi nami, this must work, because they're both the same. Comes Rava and says they're not the same, because I hold migo d'zachi lenafshei, which means the ืืชืคืฉืืืช of the ืื to the ืคืืขื only works if it's not anything blocking, if it's ืงืจืื, not ืจืืืง. So that's in my eyes, there's a difference, Rava says. The case where you pick it up only for him, there's a problem, ืชืืคืก ืืืขื ืืื ืืืงืื ืฉืื ืืืืจืื, ืืืืื makes it a ืื ืืจืืืง. So ืื ืืจืืืง, we do not say it. Mah she'ein kein if he picks it up for himself, too, even though we said there's still a problem ืชืืคืก ืืืขื ืืื, but there's ืืื and the ืืื works. And not ืืื, there is a ืคืืขื. At the ืคืืขื, it works. So from ืคืืขื to ืคืืขื, it works. From ืื to ืคืืขื, it doesn't work if it's a ืื ืืจืืืง. But from ืคืืขื to ืคืืขื, it works. So Rava says, if I pick it up for myself, it's from ืคืืขื to ืคืืขื. And ืคืืขื to ืคืืขื, it works. Based on this, we'll see what Rashi learns. If you learn like this, we'll answer the kashya of Tosafos on Rashi. What was the kashya of Tosafos?
Rashi learns that Rava's re'ayah, that by two, if he picks it up for himself and the other guy, it works, although the regular doesn't work, the re'ayah is, if a guy steals for the other guy, for the other guy only, it doesn't work, ืืื ืฉืืื ืืืืจ ืขืืืจื. But if he picks it up for himself also and the other guy, you're chayav, the other guy is chayav. And Tosafos's she'eilah is, it doesn't say these words, wait a minute, what's the chiluk if you pick it up for your- if he steals for yourself and the other guy? The ืคืืขื for the other guy, it shouldn't work. So let me explain it ืืงืืฆืืจ ื ืืจืฅ. Rashi here says, why doesn't it work if you steal only for him? ืงืืืื ืื ืืื ืฉืืื ืืืืจ ืขืืืจื. The ืืฉืื is not chayav, just the shaliach. And Rashi gives the reason: ืืืจื ืืจื ืืืืจื ืืชืืืื, ืืืจื ืื ืฉืืืขืื? That if Gemara says that in many places, in Gittin, Kiddushin, because if the Eibershter, the master tells you to do a thing, and the talmid, you have to listen to him? What's the pshat? Why does Rashi have to bring the reason? Rashi should say that ืงืืืื ืื ืืื ืฉืืื ืืืืจ ืขืืืจื. Let's go in. What's the ืคืฉื ืืืจื ืืจื ืืืืจื ืืชืืืื, ืืืจื ืื ืฉืืืขืื? You know, you ever thought of it? That's the reason why ืืื ืฉืืื ืืืืจ ืขืืืจื. At first, that makes no sense. ืืืจื ืืจื ืืืืจื ืืชืืืื, ืืืจื ืื ืฉืืืขืื means you shouldn't have listened to him, you should listen to the Eibershter. This guy asked you to steal, or asked you to to to do another ืขืืืจื, ืืืื ืฉืืช. He asked you, big deal he asked you, the Eibershter said no. Surely you should've listened, ืื ืฉืืืขืื, you should've listened to the Eibershter. So? But he didn't listen to the Eibershter. You don't have to be telling me it's it's an aveirah. Why that a reason that shouldn't be ืฉืืืืืช? Because you shouldn't have listened to him, good. And I'm a rasha, I shouldn't, and I'm wrong, but I did listen and I took the ืฉืืืืืช. So the Sma, the famous Sma says the fact that you shouldn't listen to him means that the guy who asked you to do the shlichus really knows you're not going to listen, assumes you're not going to listen, so he never meant it to make you a shaliach. That's the peshat. Since ืืืจื ืืจื ืืืืจื ืืชืืืื, ืืืจื ืื ืฉืืืขืื, we assume that he thought that you're not going to listen. So when he said, 'Become my shaliach to to to ืืืื ืฉืืช,' he never meant it really to make you a shaliach, because it was a joke. So mimela if you did it, it's not for him.
Rabbi' Akiva Eiger says not like that. Rabbi' Akiva Eiger says the peshat is, by a ืืืจ ืืืกืืจ, ืฉืืืืืช doesn't work. Why? What's the peshat? What's the peshat for by the ืืืจื ืืจื ืืืืจื ืืชืืืื, by a ืืืจ ืืืกืืจ, since the Eibershter said don't do it, it doesn't work. Why not? There's a ืืื ืฉืืืืืช. Okay, so someone wants to say the peshat is because the ืืื ืฅ ืฉืืืืืช is a chidush, so in order to work for an aveirah, you have to find that Torah should tell it to you, because otherwise we would assume it doesn't work, because we don't have a pasuk for it. But I'll tell you what I think the peshat is. How does ืืืงืข ืฉืืืืืช work? ืืืืก ืืื ืื ืืื? I have to do something, a regular case, ืืงืืฉ ืืฉื. I have to ืืงืืฉ an ืืฉื, I'm asking you to do it, and it works for me. How does it work? There is a parashah, we have a pasuk. After the pasuk, do you know what I think it works? I'll tell you what I think. It's based on migo. The shaliach, migo he could do it for himself and it would work, he could do it for the other guy, too. ืขื ืืจื ืืืื ืืืื ืื ืคืฉืื. ืคืืขื, just like we're saying migo you could have, by the ืขื ื he could have taken this for himself, the ืคืืขื, it works for the other guy. That's the ืืืจ of shlichus. I wouldn't say it myself that it applies here, but the I mean the Gemara wouldn't say it. If we have a pasuk that it teaches us it teaches us that there is a ืืื ืฉืืืืืช, so what are we learning? So it has to have some hasbara. The hasbara is, a guy who's able to do it for himself, he was able to mekadesh the ืืฉื, ืืืื ืืืื ืื ืคืฉืื, ืืื ื ืื ืืืืจืื. But the she'eilah is what happens if it's for him an issur? So we have a whole sugya later in Bava Metzia. If he can't do it, or the meshale'ach can't and the shaliach could do it, what happens if it's a a relative of his? His sister, can he be mekadesh for somebody else? He couldn't do So we'll go that's a she'eilah that goes in, but the the nekudah of ืฉืืืืืช could be, migo that you could do it for yourself. A guy asks me to do a ืฉืืืืืช for him to take off terumah, that's one of the places we learn ืฉืืืืืช out from. So, since I could do it, I could take off ืชืจืืื ืืคืืขื, ืืคืืขื, that's his mis- he's doing it for him, but migo I could do it, I do it for him also. That's the the din of ืฉืืืืืช. If you learn that's the din of ืฉืืืืืช, I understand why ืืื ืฉืืื ืืืืจ ืขืืืจื. Because if the whole din is since you could do it for yourself, you could do it for him, you can't do it for yourself either. It's an issur. But what's the peshat you can't do it? I could do it! A guy could do an issur, a guy has bechirah chofshit. But it's a meni'ah. A person, you could do it bafo'al, but it definitely turns it into a ืืื ืืจืืืง. Bafo'al, the fact that there's an issur, that removes the ability of my doing it because it's, because I'm not allowed to do it. Just like I said over here, why is it called a rachok? Because ืชืืคืก ืืืขื ืืื ืืื ืืืืจืื ื. Here it's a different reason. That's the peshat in Rabbi Akiva Eiger that ืืขืฆื ืฉืืืืืช doesn't work by a ืืืจ ืืืกืืจ for this reason. Because if the whole ืฉืืืืืช is because I could do it and it's a ืืชืคืฉืืืช, ืืื, a mitpashet from my being able to do it, it's mitpashet to doing it for him, you learn it like that, then I can understand that in the case where there is a rachok, it doesn't work. Why doesn't it work? Because of ืืื ืืจืืืง, it doesn't work because of the ืื ืืขื that it's a ืืืจ ืืืกืืจ. That's why ืืื ืฉืืื ืืืืจ ืขืืืจื. That's the pshat in ืืืจื ืืจื ืืืืจื ืืชืืืื, ืืืจื ืื ืฉืืืขืื. Since the Rav said, \"Don't do it,\" you shouldn't listen to him. And mimeila that's a ืื ืืขื for the fact that you could do it, because you're not allowed to. That's why Rashi brings it here, because this will explain Rashi's case, the case of the ืื ื. If you steal for somebody else, it doesn't work. Why not? ืืื ืฉืืื ืืืืจ ืขืืืจื. What did we say ืืื ืฉืืื ืืืืจ ืขืืืจื means? You can't do it yourself! If you can't do it yourself, there's a ืื ืืขื from that migo to take place that because I could do it for myself, I'll do it for him. But what did we say? Where is there a problem of being a ืื ืืจืืืง? From ืื to ืคืืขื. From ืคืืขื to ืคืืขื, what does Rami bar Chama say? From ืคืืขื to ืคืืขื, it works. So even though he doesn't hold migo, you could have been ืืืื for yourself, you could be ืืืื for the guy. So if you pick it up only for him, it doesn't work because it's far, because... But if you're doing it for yourself, then it's a ืคืืขื. From a ืคืืขื to ืคืืขื, it works no matter what. If the ืืืจ of ืืื ืฉืืื ืืืืจ ืขืืืจื is based on the same logic, so what happens if a guy steals for himself also? Then you say ืืฉ ืฉืืื ืืืืจ ืขืืืจื, because the whole reason why my shlichus to him doesn't work, why my stealing doesn't work for him, because the migo I could do it for myself, mimeila I could do it for him doesn't work here, because there is a ืืคืกืง of the issur. But that ืืคืกืง, the problem of the ืื ืืจืืืง is only if it's a ืื. From a ืคืืขื, it works even if it's far. So
that's what Rashi says according to Rava. That if one guy steals for the other guy, it taki doesn't work, and he has ืืื ืฉืืื ืืืืจ ืขืืืจื. And what does that got to do with us? That means ืืื ืฉืืื ืืืืจ ืขืืืจื, so you don't say the ืืืื, ืืืื ืืืืื ืืืขืื ืื ืคืฉืื, ืืืื ืืืขืื ืืืืจืื. Why not? Because ืืืจื ืืจื ืืืืจื ืืชืืืื, there's a hefsek. But from a po'el, Rava says, just like Rava says by picking up a metziah for somebody else, it doesn't work, because it's rachok. Why is it rachok? ืชืืคืก ืืืขื ืืื ืืื ืืืืจืื ื. I, how come if you do it for yourself with him it does work? Then we don't care that it's rachok. Why don't we care? Because it's from po'el to po'el. Exact same thing here: why does the genivah for the other guy not work? Because we don't say the migo, because it's a rachok. But if you're doing it for yourself, it's not migo from a koach, it's migo from a po'el. From a po'el, it works no matter what. And mimila, according to Rashi, we understand that it's exactly the two cases of stealing for somebody else and stealing for me and somebody else. And here it doesn't, here it does, it's exactly the same logic as ืืืืื ืืฆืืื ืืืืืจื or picking up both, because they're both based on the vort of migo. Why the shlichut works because of migo. Migo harachok from a koach harachok doesn't work, from a po'el to a po'el it does work, and that's why it works in this case according to Rava. According to Rami bar Chama, even a migo from a koach if it's a rachok works, just like we find it by Rabbi Elazar, we find it by the case of an eifah, so he holds the same way here, and that's the machloket between Rava and Rami bar Chama. How is it best for someone to get up off the floor? Give up. That's a question.