Contents

Shaliah

InJewish law, a shaliaḥ (Hebrew: שָלִיחַ, [ʃaˈliaχ]; pl. שְלִיחִים‎, sheliḥim [ʃliˈχim]orsheliah, literally "emissary" or "messenger") is a legal agent. In practice, "the shaliaḥ for a person is as this person himself."^[1] Accordingly, a shaliaḥ performs an act of legal significance for the benefit of the sender, as opposed to him or herself.

Terminology[edit]

The legal agent is referred to by the terms שָלִיחַ‎ (shaliach) and שׇׁלוּחַ‎ (shaluach), both of which mean "one who is sent". The person whom the agent is representing is known as the meshaleach (מְשַׁלֵּחַ‎) or as the sholeach (שׁוֹלֵחַ‎), both of which mean "one who is sending". The concept of agency overall or the status of being a shaliach is known as shlichut (שְׁלִיחוּת‎).^[2]

Biblical sources[edit]

The term does not occur in the Bible as a noun,^[3] though the verb lishloach ("to send") is frequently used to describe sending a messenger or agent.^[4]

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]}

In halakha[edit]

The Talmud learns from Numbers 18:28 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.^[5]

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.^[6]
• One who in a measure takes the place of the father, interesting himself in the child's welfare is called a shaliah.^[6]

See also[edit]

• Power of attorney

References[edit]

• Simmons, L. M. (1896). "The Talmudical Law of Agency". The Jewish Quarterly Review. 8 (4): 614–631. doi:10.2307/1450198. ISSN 0021-6682. JSTOR 1450198.
• Wygoda, Michael (2003). "On the relationship between the capacity to perform a legal task and the capacity to appoint an agent to perform it". In Lifshitz, Berachyahu (ed.). The Jewish Law Annual, Vol. XIV. Routledge. pp. 315–350. ISBN 0415309131.
• Wygoda, Michael (2009). "The Agent who Breaches his Principal's Trust". In Lifshitz, Berachyahu (ed.). The Jewish Law Annual, Vol. XVIII. Routledge. pp. 265–315. ISBN 978-0203855249.

External links[edit]

• The Jewish Agency: Shlichim