Can You Ask Someone Else to Transgress for You?
Can You Ask Someone Else to Transgress for You?
Part of Pesach
A short sugya on the prohibition of appointing an agent to commit a sin, and the halachic deadline for bedikah and bitul of chametz.
Audio Transcript
saw on something of somebody else. The Rebbe says in 讞诇拽 讗', 转砖讜讘讛 in regarding to this, in Igrot, first 讞诇拽, page page 拽讗 something. Even a maaseh, it's also, you have a maaseh, you have a 讞驻爪讗, you can't make someone else's thing that it's a baal habayit of somebody else. If you do a maaseh... Yeah, because it's it's whoever he is, he's the one that could do it. You can't be a baal habayit over his thing to make it whether it's a baal habayit or not. Here we're talking about 讗住专'讬谞讙, and if you mean if you make the machshavah, you could 讗住专. You could 讗住专 somebody else's thing if it would have been mutar, but it's never mutar. It's never mutar. But the Gemara the Gemara says, if the guy gives you permission, if the guy is 诪讙诇讛 讚注转, then you're then you'd 讗住专. That's for sure. Right, so then why? Then then... Not then, it's not the issue is a baal habayit. The Gemara says if the guy gave is 诪讙诇讛 讚注转 that he doesn't mind, then the Gemara says 砖诇讬讞讜转讬讬讛讜 拽注讘讚讬, then you're like a shaliach. But it's not a real shlichut, the best re'iyah is how do you have shlichut? 讗讬谉 砖诇讬讞 诇讚讘专 注讘讬专讛. You
can't be a 砖诇讬讞 诇讚讘专 注讘讬专讛. What do you mean I'm a shaliach? It's not a real shlichut, it's a The the Rebbe in that 砖讬讞讛 talks in 讞诇拽 讬\"讗, 砖讬讞讛 talks about 讗讬谉 讗讚诐... He brings this, whether it's a real shlichut or not, but the geder is this. But all I'm trying, I'm just finishing now, all I'm trying to bring out from this whole last point is that we see from here to the nekudah, one nekudah: that my machshavah cannot have an effect on someone else's thing. That's the whole pshat. Since that 讘讬讟讜诇 讞诪抓 is 讛讬住讞 讛讚注转, so just like daat can't, 讛讬住讞 讛讚注转 can't either. It doesn't have an effect. So that's what the Gemara according to 专砖\"讬 讛讬住讞 讛讚注转, the Gemara says after 讝诪谉 讗讬住讜专讜 you can't. Why? Because it's not yours. What's, yes, what's make it not yours? Mimela if you're 诪驻拽讬专 it, but you're not 诪驻拽讬专 it. But it has to be the there has to be a pe'ulah of 讛讬住讞 讛讚注转. And your 讚注转 诇讙讘讬 someone else's thing, 诇讙讘讬 something that's not yours, doesn't have an effect. Mimela there's not even 讛讬住讞 讛讚注转, because why? Chametz is asur. Mah she'ein ken if at least 诇驻谞讬 讝诪谉 讗讬住讜专讜 it's yours, your 讛讬住讞 讛讚注转 has hashpa'ah, and it makes it asur. But this all fits this all fits saying, according to Rashi the 讙讚专 is 讛讬住讞 讛讚注转, and it becomes 讛驻拽专, it all fits to the that it's a 讛讻砖专 to the 讚讗讜专讬讬转讗, etc. etc., mimela so. What if it is falling under same with somebody with the chametz, you have to look at it, turn away... You could spit it in the face, it won't help you. You still haven't done anything. After 讝诪谉 讗讬住讜专讜, you just got to get rid of it. There is got to burn it, get rid of it. There's nothing you could do with it. Can you throw it away? No. Throw it away? No, throw it away... on Pesach, I don't know if you could cover it. It's because it's 诪讜拽爪讛 so you can't burn it, but... All night to burn it? All night is to burn it. How about the 讛谞讗讛 of giving it away? There's no, it doesn't you can't give it away. You can't give it away. It's not yours to give away! How could you give it away? That's why it's a big she'eilah, how could you buy chametz on Pesach? The Rambam says you buy chametz on Pesach you get 诪诇拽讜转. So the she'eilah how could you sell, how could you how could he buy it? But the vort is it's not yours. But yet, it's it's it's not yours, therefore it's so much yours. You have no baal batishkeit over it, that to say that you you're you 诪驻拽讬专 it, you can't be 诪驻拽讬专 it, according to 转讜住驻讜转 讛驻拽专, you can't sell it, you That's the kop dreiyenish, but you're saying to be It's not yours, you have no 讘注诇 讘注诇 讻讜专讞讱 it's yours. Something that's yours because you want it to be yours and that's why it's yours, so if you don't want it to be yours, it's not yours. This is something that we're not asking you whether you want or not, the Torah made it yours ba'al korchach. So the lashon of the Alter Rebbe in the teshuvah, he says, 讘注诇 讻讜专讞讱 讬讜专砖 诇讜. Something bad, if the goy took chametz away, you have to chase after him to get it back? If he doesn't burn it, yeah, I mean... Unless you say you're anuss. But there's a different reason. So whatever happens anuss. If you don't do the bitul before the zman, and you you miss out on that, right? And then you burn it, you said you really need to do both? You have to do bedikah, exactly. The derabbanan, miderabbanan you have to do bedikah and bitul. Besides the time till you burned it you were over. Exactly. Even after you Although you're over, but even after you burned it, you did not fulfill the 转拽谞讛 讚专讘谞谉, because they said 讛讘讜讚拽 爪专讬讱 砖讬讘讟诇. If you
do bedikah, you still have to do bitul. And if you do bitul, you still have to do bedikah. You always do extra mitzvot, you know. He forced if if if the Rambam says you forced it, then it's your ownership by force, how can you be a she'eilah on the Rambam that maybe if you buy it on Pesach that it shouldn't be shouldn't be considered yours? Like kiddushin, like kiddushin, you can't marry if you try to give kiddushin to somebody that's never gonna So you shouldn't be able to buy it. So, yeah. That's what they asked. Yeah, the Rambam says you could. The Rambam says you're chayav. According to the 讘注诇 讻讜专讞讱 that the from the Torah when we say it's yours 讘注诇 讻讜专讞讱, why how could there be a kushya on the Rambam now? You know, 讘注诇 讻讜专讞讱, oh, 讘注诇 讻讜专讞讱 if you owned it before. If the chametz was yours before Pesach, and you didn't get rid of it, so it stays yours whether you like it or not. But buying, how could you can never be koneh it. It's an issur hana'ah, issur hana'ah has no value. You can't We're saying when when it's yours after the time, even though it's not yours, you're not koneh it, there's no No, but it's all because it was yours before. Yeah, but now it's not your... yours anymore. Halachically, it's not yours. So why are you over? Because the We're making a special knas. Why are we making it on you? Why, the same thing, if it's not yours and not mine, why are you over and not me? It's in your possession. You want And if it's not your possession, you threw it out, you put it into the, my house? If it's your 讞诪抓, you put it into my house? You once had it, it was once yours. Oh, because you once had it, that's the whole vort. But if you didn't once have it, then how is it yours? It's still not a 讛诇讻转讬 way of giving it to you, it's what we're saying, because you once had it But also because it was yours, there's no other way. So, but because it was yours has nothing to Till the rega of Pesach it was yours, you didn't do anything to get rid of it. Because it was yours, can you now do anything halachically to it afterwards? You could destroy it, but you can't, but Before, you could give it away halachically, no? Can you make somebody else, let them be 拽讜谞讛 it? No. You can't, why? You have no You have no But why? Because it's not yours anymore. Right. But so why are you over? Because we're saying That's the whole thing. But if some But if it wasn't yours before Pesach, how could it become yours on Pesach? It can't! That's So that's the kashya. How could you buy it then? But it's a special Where did the Torah say that? The Torah is making a special din? No, the Torah is making 讘诇 讬专讗讛, Torah makes. Where do we find a din that it's yours? The only way the Gemara says that the Torah made it yours is from the fact that we see you're over. If it wouldn't be yours you're not over. How can you be over on 讞诪抓 that's not yours? It's obviously the 讞诪抓 that was yours that you didn't destroy the Torah said still stays yours 诇讙讘讬 being over. What if you don't save it, what if you threw it? On time. It's a 驻拽讚讜谉. And it's in your house, then you're over. The Rabbanan is also 讘诇 讬专讗讛. No, they extended it. De'oraita is not yours, you don't want to hold it. No, de'oraita is no 讞诪抓 砖注讘专 注诇讬讜 讛驻住讞. Is adding something to the de'oraita, helps it out with a gezeira, or is it just extending it? Those are two different things, right? Through Rabbanan. In which case? Which din? The din of bedikah, I tried to say you can't extended the de'oraita through bitul. According to Rashi, they added to it, extended it through they added, right? From a new din, right. They didn't add anything, but they made a new 讚讬谉 讚专讘谞谉, or they extended... You can't add to d'oraita, they can't. Can add to d'oraita? A tosefet. It's not adding, first of all, it's adding one of Rashi takes away the d'oraita by saying that you don't have the you don't have to bitul doesn't destroy it essentially the d'oraita. When we were learning in the... In the bitul, that it's, we're not arguing the on seeing, does that make any sense? You can't Looking at it. From d'oraita Doesn't mean 诇讗 讬专讗讛, 讘诇 讬专讗讛? Yeah. Doesn't mean that. The lashon is don't look, don't see it, but it means don't own it. I can see chametz on Pesach. But the pasuk says 诇讗 讬专讗讛 诇讱 讞诪抓, that's what the pasuk says, and it says 诇讗 讬诪爪讗. That's a machloket. The machloket is bitul Oh, when the goy ate it, then you're not, it's not there anymore. Can the goy come after Pesach, bring you to a 讘讬转 讚讬谉 and say, give me back the money, you didn't have the right to sell it? It's not yours to sell. Why should you have to give back? As far as the goy But as far as the goy is concerned, the goy the goy is allowed. The goy is allowed. And it's also true of Jewish answers? What other, what other dibur? Yeah. Which thing? Which thing asur? You mean it? You mean what you say? How do you know you mean, how do you know what you mean? That's the dibur. Say that this is your words. I mean to declare it. Is, is there, ain't no... It can, it is, it's, it, but she'elah, do you mean what you're saying? Just like we ask, do you mean what you're doing? Bowing down, you're certainly doing something, but we don't know if you mean what you're doing. You can't do it, and there the reason is because we don't know if you mean it, and it's not so pashut. And at by hekdesh, the Rabbah asked a she'elah. A very small amount, too dry. [Non-speech audio]