“And Pinchas Saw” BeMidbar 25,7
Sanhedrin 82a: What did Pinchas see (that no one else saw)? Rav said: He saw the incident involving Zimri and Cozbi and recalled the ruling (seeing as in comprehension). So Pinchas said to Moshe, “Brother of my father’s father, did you not teach me upon your return from Har Sinai regarding one who cohabits with a Cuthean woman that a zealot may kill him (under certain conditions)?” Moshe responded, “Let the one who reads the letter be the agent (to carry out the instructions).” Thus, Moshe appointed Pinchas as his agent. Then what about the following principle?
Kiddushin 41a: הָאִיש מְּקַדֵש בוֹ וּבִשְּלוּחוֹ הָאִשָה מִתְּקַדֶּשֶּת בָהּ וּבִשְּלוּחָהּ Rav Yosef asserts that the Mishnah’s use of the word בוֹ (personally), is necessary, for its placement before the word שְלוּחוֹ (his agent) conveys an order of preference. It is preferable that a man performs the betrothal himself, although he also has the legal capacity to do this through his agent.
Reason for this concept
Rashi: The basis for this preference is the concept that when one personally involves himself in doing a Mitzvah, he receives greater reward for the deed.
Tevuos Shor (siman 28:14): Mitzvos should be done in a manner of honor. Performing the Mitzvah by means of another is not the providing proper honor, as if one is disgracing the Mitzvah.
Chida: Performing Mitzvos through others, encourages laziness.
Shulchan haRav: Performing Mitzvos through others nurtures disrespect in one’s self towards Mitzvos.
Is this concept an obligation or just good advice?
Meiri, Rambam, Tur, and Shulchan Aruch: A person is able to become betrothed by means of an agent. This indicates that they all hold that this concept is meant as the proper method of performing the Mitzvah but does not invalidate the action if done through an agent.
Biur haHalacha: Since the Rambam stated that a very respected and exalted person is also obligated to perform the Mitzvah of preparation for Shabbos oneself and not by means of another, it appears this concept is also an obligation. We understand the intention is not an actual obligation but as if it is an obligation.
Shulchan Aruch haRav: Explains how we can reconcile the above two opinions. Even though there is no Mitzvah in which the use of an agent is prohibited, nevertheless regarding Shabbos a person needs to use additional strictness to honor the Shabbos by doing the preparations oneself. Due to this strictness the Rambam used the word “obligation.”
Application to other areas of Halacha
This concept applies not only with regard to the mitzvah of marriage, but to other areas of halacha, as well. The Gemara illustrates this concept citing several incidents in which the Sages would personally involve themselves in preparations for Shabbos rather than delegate these duties to others. However, the Gemara does not mention other Mitzvos and thus many opinions are expressed.
Tosfos haRid (on the Gemara): All Mitzvos preferably should be done by oneself and not by an agent.
The Bach states the same opinion. Thus, regarding Chanukah lights, one should light their own lights and not rely on someone else to do so.
Olas ha Shabbos agrees and says that it is preferable for one to say one’s own Kiddush rather than listening to others to fulfill one’s obligation.
Many others cite various particular Mitzvos which this concept was applied: Tur mentions that his father, the Rosh, was particular to be involved in baking matzos for Pesach; Magen Avrohom mentions the search for Chametz; Tevuos Shor mentions Milah and the covering of blood; Pnei Yehoshua mentions in connection with burying the dead and bringing one’s korbanos; Chasam Sofer connect this concept to the Kohen’s receiving the Kohanim’s gifts and Pidyan haBen.
