Shaliah

{{short description|Jewish legal emissary or agent}}

{{About|the Jewish legal term|the article discussing emissaries of Chabad|Shaliach (Chabad)}}

In Jewish law, a shaliaḥ ({{langx|he|שָלִיחַ}}, {{IPA|he|ʃaˈliaχ|}}; pl. {{Script/Hebrew|שְלִיחִים}}, sheliḥim {{IPA|he|ʃliˈχim|}} or sheliah, literally "emissary" or "messenger") is a legal agent. In practice, "the shaliaḥ for a person is as this person himself."Carl F. H. Henry, ed. (1958). Revelation and the Bible: Contemporary Evangelical Thought. Grand Rapids, MI: Baker Book House. p. 192. Accordingly, a shaliaḥ performs an act of legal significance for the benefit of the sender, as opposed to him or herself.

The term, in contemporary usage, has come to refer more generally to a representative or emissary.

Terminology

The legal agent is referred to by the terms {{Script/Hebrew|שָלִיחַ}} ({{Transliteration|he|shaliach}}) and {{Script/Hebrew|שׇׁלוּחַ}} ({{Transliteration|he|shaluach}}), both of which mean "one who is sent". The person whom the agent is representing is known as the {{Transliteration|he|meshaleach}} ({{Script/Hebrew|מְשַׁלֵּחַ}}) or as the {{Transliteration|he|sholeach}} ({{Script/Hebrew|שׁוֹלֵחַ}}), both of which mean "one who is sending". The concept of agency overall or the status of being a shaliach is known as {{Transliteration|he|shlichut}} ({{Script/Hebrew|שְׁלִיחוּת}}).{{sfn|Levinthal|1922|p=125}}

Biblical sources

The term does not occur in the Bible as a noun,Wilhelm Schneemelcher, Robert McLachlan Wilson (2003). New Testament Apocrypha: Writings relating to the Apostles. 0664227228 Page 7. The adjectival noun Απόστολος occurs in LXX only in a single passage, as a translation of the Hebrew shaluach (passive participle of shalach - 1 Kings 14:6)." though the verb lishloach ("to send") is frequently used to describe sending a messenger or agent.[http://mg.alhatorah.org/Dictionary/7971 Dictionary - Mikraot Gedolot - AlHaTorah.org]

The first shaliaḥ inferred in the Bible is the servant in Genesis 24 who was sent by Abraham to find a wife for Isaac (according to the rabbis, this servant was named Eliezer).{{citation needed|date=October 2018}}

In halakha

The Talmud learns from {{Bibleverse|Numbers|18:28|HE}} that any Jewish male or female may appoint an agent, as can servants and maidservants working under a Jew's care. A shaliaḥ however, may only be appointed for a mitzvah or other halakhic Jewish legal affairs that he or she is obligated in.See Gittin 23b

Mitzvot that are performed on one's own body, such as wearing tefillin, cannot be performed on one's own behalf by a shaliah.

Many of the halakhic Jewish legal affairs that may be performed through a shaliah:

  • A man may appoint a shaliah to betroth a woman on his behalf. A woman may choose to accept betrothal through a shaliah.
  • A husband may appoint a shaliah to deliver a get to his wife. A wife may choose to appoint a shaliah to receive it.
  • A salesman may appoint a shaliah to purchase or sell merchandise on his or her behalf. Similarly, any act of legal acquisition or transfer of ownership may be effected by a shaliah, such as giving a gift or acquiring a found object.
  • A person may appoint a shaliah to separate terumot and maaserot on his behalf.
  • One who assists in the performance of the rite of Jewish circumcision by holding the child upon his knees is called a shaliah or godfather."The godfather became known in medieval times by many names in addition to the ancient designation of "sandek." He is called "ba'al berit" (master of the covenant), "ba'al berit ha-milah" (master of the covenant of circumcision), "ṭofes ha-yeled" (holder of the child), "ab sheni" (second father), and also "shaliaḥ" (messenger) (..) Primarily, one who assists in the performance of the rite of circumcision by holding the child upon his knees; secondarily, one who in a measure takes the place of the father, interesting himself in the lad's welfare." {{cite web|title=GODFATHER|url=http://www.jewishencyclopedia.com/articles/6730-godfather|publisher=JewishEncyclopedia.com|access-date=1 May 2012}}
  • One who in a measure takes the place of the father, interesting himself in the child's welfare is called a shaliah.

See also

References

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  • {{Cite Jewish Encyclopedia |title=Agency, Law of |url= http://www.jewishencyclopedia.com/articles/894-agency-law-of |first= Lewis N. |last= Dembitz |volume= 1 |pages=232–233 |author-link= Lewis Naphtali Dembitz}}
  • {{cite book |last1=Ettinger |first1=Shimshon |editor1-last=Ben-Menahem |editor1-first=Hanina |editor2-last=Edrei |editor2-first=Arye |editor3-last=Hecht |editor3-first=Neil S. |title=Windows onto Jewish Legal Culture: Fourteen Exploratory Essays |date=2012 |publisher=Taylor and Francis |isbn=978-0415500494 |pages=150–195 |language=en |chapter=Agency |editor-link1=Hanina Ben-Menahem |volume=2}}
  • {{cite journal |last1=Levinthal |first1=Israel Herbert |author-link=Israel H. Levinthal |title=The Jewish Law of Agency |journal=The Jewish Quarterly Review |date=1922 |volume=13 |issue=2 |pages=117–191 |doi=10.2307/1451278 |jstor=1451278 |language=en |issn=0021-6682}}
  • {{Cite EJ|title=Agency|last1=Rakover|first1=Nahum|volume=1|pages=449–454|last2=Wygoda|first2=Michael|author-link1=Nahum Rakover}}
  • {{cite journal |last1=Simmons |first1=L. M. |title=The Talmudical Law of Agency |journal=The Jewish Quarterly Review |date=1896 |volume=8 |issue=4 |pages=614–631 |doi=10.2307/1450198 |jstor=1450198 |language=en |issn=0021-6682}}
  • {{cite book |last1=Wygoda |first1=Michael |editor1-last=Lifshitz |editor1-first=Berachyahu |title=The Jewish Law Annual, Vol. XIV |date=2003 |publisher=Routledge |isbn=0415309131 |pages=315–350 |language=en |chapter=On the relationship between the capacity to perform a legal task and the capacity to appoint an agent to perform it}}
  • {{cite book |last1=Wygoda |first1=Michael |editor1-last=Lifshitz |editor1-first=Berachyahu |title=The Jewish Law Annual, Vol. XVIII |date=2009 |publisher=Routledge |isbn=978-0203855249 |pages=265–315 |language=en |chapter=The Agent who Breaches his Principal’s Trust}}

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