tag:blogger.com,1999:blog-20173285.post9131700672352368656..comments2024-03-28T21:21:02.777-04:00Comments on Divrei Chaim: mishpitei ha'tena'im and shlichusChaim B.http://www.blogger.com/profile/02231811394447584320noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-20173285.post-72417797929976907202007-07-12T18:36:00.000-04:002007-07-12T18:36:00.000-04:00Yes. Baal davar, baal ha'ma'aseh. Same idea.But Ch...Yes. Baal davar, baal ha'ma'aseh. Same idea.<BR/>But Chaim's right. If R A Eiger asks, evidently he holds that tnai is just a din in shlichus, just as hein kodem le'lav or koful are.Eliezer Eisenberghttps://www.blogger.com/profile/16036989084122930226noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-27331947922179321822007-07-12T14:29:00.000-04:002007-07-12T14:29:00.000-04:00I heard RHS on a number of instances also explain ...I heard RHS on a number of instances also explain that the whole din of shlichus and tnai show who is the baal davar -- it's a din in baalus. Thus, with nedarim, the person who makes the neder is the baalim (clearly) and therefore, it should be subject to a tnai. Barzilai is that what you mean?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20173285.post-8503958115190800332007-07-12T11:16:00.000-04:002007-07-12T11:16:00.000-04:00I can't believe you didn't delete my comment. You ...I can't believe you didn't delete my comment. You must know R' SK too.Eliezer Eisenberghttps://www.blogger.com/profile/16036989084122930226noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-17481542255068381242007-07-12T11:12:00.000-04:002007-07-12T11:12:00.000-04:00I believe r' chaim brisker also says your sevara t...I believe r' chaim brisker also says your sevara that isa b'shlichus is a siman, not sibah - but how will that help you for r' akiva eiger's kashe from nedarim?Chaim B.https://www.blogger.com/profile/02231811394447584320noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-63811603149287629282007-07-12T10:58:00.000-04:002007-07-12T10:58:00.000-04:00Many years ago, when I was in NIRC, a fellow talmi...Many years ago, when I was in NIRC, a fellow talmid, ( R' SK, who, unless someone has killed him by now, practices law in DC,)asked me how it was possible to make a tnai in kedushin of chaivei lahvin, since it's lessa bishlichus, because there's no gzeiras hakosuv of shlichus when the result is an issur. I told him, and I think the answer is the same here, that once you find shlichus in the parsha, that shows that he's the baal hamaaseh, and that enables the din tnai. The fact that you don't find shlichus in one particular respect of the parsha doesn't matter, since the din of isso bishlichus is a siman, not a sibah.Eliezer Eisenberghttps://www.blogger.com/profile/16036989084122930226noreply@blogger.com