Sending Mishloach Manos through a Shaliach
MUST THE SHALIACH BE SOMEONE WHO IS OBLIGATED IN THE MITZVAH?
SUMMARY OF THE OPINIONS
We have seen that there are some poskim who hold that sending with a shaliach is oblig- atory. Some say it is better to do so, and some say that it is unnecessary.
According to the opinion that one should or must send with a shaliach, are there any requirements for that shaliach? Can I send mishloach manos with a child under bar mitz- vah or with a non-Jewish courier? Generally speaking, a shaliach must be someone who is also required in the mitzvah. Does the same apply here?
The sefer Likutei Chaver Ben Chaim writes that this question was posed by the great Rav Akiva Eiger to his illustrious son-in-law, the Chasam Sofer. The Chasam Sofer himself writes that he believes this regulation should not apply in this case. It is only when one must do the mitzvah himself that the emissary must be k’moso, like his extension. In that case, we require the emissary to be someone who is also required in the mitzvah. When it comes to mishloach manos, however, we do not need it to be as if he sent them himself. To the contrary, some opine that they have to be sent through an agent. Therefore, there is no reason to re- quire that the emissary be someone who is also required in the mitzvah, and even a child or a non-Jew can serve the purpose.
Many other Achronim concur, calling this emissary one who is just a way of getting the gift to its receiver, and anyone is eligible for that. According to this logic, one can even send mishloach manos with a bird or a drone, as long as they arrive at their destination in time.
RELYING ON THE ASSUMPTION THAT THE SHALIACH DID HIS JOB
There is another point that must be ad- dressed when one sends the mishloach manos with a shaliach. Can one rely on the shaliach and assume that he did what he was asked to do, and that therefore, he fulfilled the mitzvah?
The Achiezer rules that this should depend on the general rule, that only when it comes to rabbinical laws can we assume that they were taken care of. However, when there are Scriptural laws involved, one cannot rely on the shaliach without verifying that the mitzvah was really taken care of. He adds that the mitzvah of mishloach manos, which is written in the Me- gillah, is called divrei kabbalah, as we find in Shulchan Aruch, as well as other poskim, and has the stringencies of a Scriptural law. That being the case, one cannot rely on the shali- ach without verifying that the mitzvah was re- ally taken care of. The Chelkas Yaakov rules the same way.
Rav Shlomo Kluger, on the other hand, rules that one can rely on the shaliach that the mitzvah was done properly. The reason is that in a case that the information will come to light – the receiver will probably tell the sender that he received it – one can rely on the assumption that the mission was accomplished.
Rav Moshe Shternbuch rules that one should try not to rely on the shaliach for mish- loach manos for which he wishes to fulfill the mitzvah without verifying that they were re- ceived. But then he adds another way to avoid the issue, without actually verifying that they were received. The Shach writes that when it comes to a paid worker, one can rely on the assumption that the shaliach did what he was supposed to do. That being the case, one can pay the shaliach a small amount, and then it would be permissible to rely on the assumption that the shaliach actually delivered the mish- loach manos, without actually verifying that this was the case.
SUMMARY
Although some say that one must send mishloach manos with a shaliach, or at least that it is preferable, most poskim rule that it is not necessary. And either way, the regular rules of shlichus do not apply. Some rule that one must verify that the shaliach actually did his job.
RABBI NACHUM SCHEINER
