Laws of Heaven

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The Gemora (Kiddushin 41b) cites a Mishna: If one sends out a fire in the hands of a deaf-mute, an imbecile or a minor (and it consequently burned someone’s haystack), he is not liable to pay according to the laws of man, but he is liable according to the laws of Heaven. If, however, he sent out the fire in the hands of a competent person, the competent person is liable to pay for the damages.

It would seem that in the case where the sender sent the fire with a competent person, the sender is not liable at all, even under the laws of Heaven!

The Ram”a (C”M: 32:2) rules that if one sends out false witnesses to testify against someone, and they cause that fellow a loss, the sender is not liable at all, even under the laws of Heaven. This is because we say that there cannot be a shliach to commit a transgression.

The Sha”ch disagrees and maintains that the sender will be liable to pay under the laws of Heaven. He explains the distinction between the two cases. The sender will always be liable under the laws of Heaven. The only reason that the sender is not required to pay at all in the case of the fire is because once the competent person is liable to pay, there is no place for the sender to be liable as well!

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Price Fraud by Land

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Rav Nachman said: If brothers divide an inheritance, they are regarded as purchasers (for they are exchanging their true portions for those that they actually receive). If one brother received more than the other, but it was less than a sixth more than his brother’s share, the deal remains valid. If it was more than a sixth, the deal is void. If it was precisely a sixth, the deal is valid, but he is required to return the extra.

Rava rules: That which we said that if it was precisely a sixth, the deal is valid, but he is required to return the extra, that is only if they were dividing movable property. However, if they were dividing land, the rules for “price cheating” do not apply (and the extra would not need to be returned).

And by land, the extra does not need to be returned only if they divided it according to value. However, if they divided it according to measurement, the extra must be returned. This is in accordance with what Rabbah said, for he said: Anything which is sold according to measure, weight or number (and the amount specified was not the amount delivered), it must be returned even if it (the discrepancy) was less than the usual amount for “price cheating.”

The Ri”f rules (and this seems to be Rash”i’s opinion as well) that there is no “price fraud” by land is only if the discrepancy was exactly a sixth; however, if the discrepancy was for more than a sixth, the deal is void.

Rabbeinu Tam holds that there are no rules of “price fraud” by land as long as the discrepancy is not by more than half of its value; however, if the discrepancy was for more than half of the land’s value, the deal is void.

The Baal Hameor writes that if the discrepancy is for exactly half of its value, there is no rule of “price fraud”; however, if the discrepancy was for more than half of the land’s value, the deal is void.

The Rambam, however, rules that there are no halachos of “price fraud” by land at all, and the transaction is never voided. This is because there is no limit to the price of land.

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Honoring Shabbos Yourself

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The Gemora (Kiddushin 41a) asks: If he can betroth through an agent, he can certainly betroth himself!?

Rav Yosef answers: It is a mitzvah for him to do so rather than his agent (as by all mitzvos it is preferable for one to perform them oneself than send an agent). This is like Rav Safra who would personally singe the head of the animal and Rav who would personally salt the fish (before Shabbos in order to honor Shabbos themselves).

The Shaar Hatziyon (250:9) asks: Why did these Amoraim prepare the food for Shabbos themselves? The halachah is that one is not permitted to be interrupt his Torah studying in order to perform a mitzvah that is possible to be performed by others! These Amoraim should have instructed others to prepare the Shabbos food on their behalf!?

He answers that this is only true by a mitzvah that does not have to be performed by the person himself. However, the mitzvah of honoring Shabbos must be performed by the person himself, and therefore, they prepared the food themselves, for it is a greater mitzvah when it is done by the person himself.

The sefer Shulchan Shlomo explains that the Shaar Hatziyon does not mean that honoring Shabbos is a mitzvah similar to tefillin and sukkah, for if so, it cannot be given over to an agent at all (one cannot ask someone else to sit in a sukkah on his behalf). Rather, it is a mitzvah that is incumbent upon him, and therefore he himself must be involved with the mitzvah.

Alternatively, the Shaar Hatziyon answers that because of the severity of Shabbos, they prepared the food themselves even though it could have been accomplished through another.

The sefer Lev Yam asks that if the mitzvah of honoring Shabbos is different than any other mitzvah, and one should perform it himself even if someone else can do it, how does our Gemora bring a proof from these Amoraim that it is a greater mitzvah when he personally performs it more than when he does so through an agent? Perhaps the reason they prepared the food themselves is because of the uniqueness associated with the mitzvah of honoring Shabbos, but it will not prove anything with respect to other mitzvos!?

He cites a Shulchan Aruch Harav that answers this question.

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