Friday, February 10, 2006

Shlichus for non Jew for mechiras chameitz

In today's daf in Yerushalmi (for more on daf yomi yerushalmi, see my brother-on-law's website ) the gemara derives from a dersasha (cited in a few places in the Bavli as well) that a Jew can only appoint another Jew as a shliach, but not a non-Jew. The yerushalmi then rejects the diyuk that a non-Jew may appoint a fellow non-Jew as a shliach and seems to state that a non-Jew is excluded entirely from acting as a shliach for anyone, whether Jew or non-Jew.
The Gilyon on the bottom of the Yerushalmi (Dmai 25) points out that this issue is a major machlokes haposkim, with the Shach notably holding that a non-Jew may indeed serve as shliach for his-fellow non-Jew. For those learning the daf Bavli, you may be interested in the Magen Avraham in hil Pesach (448 s"k 4) who discusses whether a non-jew may appoint another non-Jew as his agent to make the proper kinyanim for mechiras chameitz before Pesach, and on the basis of our Yerushalmi invalidates such a sale.

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