העושה שליח לגבות חובו א
ליקוטי הלכות - Likutay Halachos
And this is what we said above — that on Yom Tov, melachos of ochel nefesh are permitted, because then the ascent of the tefillah is not in completeness as on Shabbos. And the essential lack is noticeable in the tefillah. For in the Torah, the blemish and contempt do not touch as much — for people treat specifically the tefillah lightly, as mentioned. And therefore on Yom Tov one must do the melachos of ochel nefesh, which correspond to the aspect of tefillah that we still need to clarify and raise even on Yom Tov. For according to the clarification that we still need on our part, to that degree some doing of melachah is still needed, as mentioned. 103
אות א כשעושה השליח בעדים אזי אם נאבד הוא על אחריות המלוה. כי שעני עדים הם בחי' פי שנים שהוא בחי' לשון הקודש שהוא הקיום של כל הדברים. כי כל העולם נברא בלשון הקודש וכ"שודבריו חיים וקיימים לעד. וזה בחי' (דברים יט) על פי שנים עדים יקום דבר שע"י בחי' פי' שנים. עי"ז יקום דבר בחי' ודבריו חיים וקיימים כנ"ל. וע"כ אע"פ כשעושה השליח שלא בפני הלוה יכול לחזור. ואם נאבד הוא על אחריות הלוה אבל כשעשאו בפני עדים שהם בחי' פי שנים כנ"ל אזי הדבר קיים ואין יכול לחזר. וע"כ אם נאבד הוא על אחריותו של המלוה כנ"ל:
Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan II:7 ("Ki M'rachamam Y'nahagaim"). Continuation of Hilchos G'viyos Chov MaiHaY'somim, Halachah 5. Translated from the Hebrew. And this is the aspect of what Chazal said: "Harchek min ha'airvonos" ["Distance yourself from guarantees"]. For it is already explained above (in §3) that all the loans are drawn from having blemished the t'filah — from not having prayed with proper kavanah and not having connected one's t'filah to the true tzaddik, who is the aspect of the Great Lender. For all the worlds and all the celestial spheres, and the sun and the moon and the stars, etc. — how much more so this entire lower world, the earth and all that is upon it, etc. — all of them are in the aspect of borrowers who receive from Him. And the entire settlement of their debts and their loans — everything depends on the person, for whose sake everything was created, who must pray with kavanah and connect his t'filah to the true tzaddik, who is the Great Lender. Through which all the forces return to Him — and this is the aspect of the settlement of all the aforementioned loans, as is explained above; see there. And one who blemishes this — through this he falls into loans and debts, etc. And because of this it is difficult to settle the debts of the loans. For the main settlement of the debts and the loans as they should be is through the tikkun of the t'filah in completeness — through which is the main settlement of the loans, etc., as above. And because of this one needs to distance from the arvus, as Chazal said. For who can enter himself into this — to settle the debts and loans of his fellow? For it would be enough if he could extricate himself to settle the debts of his own loan — meaning, that he should merit to pray with kavanah and connect his t'filah to the true tzaddikim, who are the aspect of the Great Lender, for this is the main settlement of the loans of every person. For all people in the world — all of them are in the aspect of borrowers from the Great Lender, for they borrow and receive from Him all their influence and their vitality, as above. And fortunate is he who fulfills his obligation to settle his own debts through the tikkun of the t'filah properly, as above. And how can he enter himself to guarantee on behalf of his fellow who has come to a physical loan — which is drawn from having blemished the service of t'filah even more? And how can he guarantee on his behalf to settle the loan, since the main settlement as it should be is through the tikkun of the t'filah — that he should connect his t'filah properly to the Great Lender, until all the forces and the vitality return to their root, to the Word of Hashem, where is the aspect of the settlement of all the loans of all who come into the world? And this is incumbent upon every person himself — that according to the abundance and vitality that he receives, which is the aspect of a loan from the Great Lender, so should he strengthen himself in his service until he returns and elevates the force to its root, which is the main settlement of the loan in the spiritual. And through this the loan in the physical will also be rectified. And this is an obligation upon every person himself. But another person — it is very difficult for him to settle the debts and loans of his fellow. For each person has a particular path and channel through which he receives his influence and his vitality — and this is the aspect of a loan — and through his channel he must elevate all the forces and the vitality to their root, through the tikkun of the t'filah. And this is the aspect of settling the loan. And therefore it is difficult for another to settle on behalf of his fellow, for how can he ascend through the channel of his fellow to settle his debts? And this is the aspect of the din that is explained in the Shulchan Aruch: a guarantor at the time of the giving of money becomes obligated; not at the time of the giving of money, he does not become obligated except with a kinyan. And its source is in the Mishnah at the end of Bava Basra, where Shimon ben Nanas said: "Behold, one who seizes his fellow by the neck in the marketplace," etc. — "for it was not on his trust that he lent him." And the Tanna praised his words greatly and said: "One who wishes to become wise...let him attend upon Shimon ben Nanas." And this is so because the main root of the arvus is drawn from the aspect of the receiving of the Torah, when all of Yisroel were guarantors for one another. And this is because at the root of the n'shamos of Yisroel they are all considered as one, as Chazal said on the verse: "Kol hanefesh haba'ah l'veis Yaakov," etc. — that they are called one nefesh, because they are drawn from the source of Oneness. And therefore all of Yisroel are guarantors for one another in the receiving of the Torah. But the tikkun of this arvus — meaning to settle the debt that each one owes — the main tikkun of this is through the aspect of the aforementioned Great Lender, whose t'filah is in completeness, in the aspect of the radiance of Mashiach, who is the Lender to each one. And he is the guarantor on behalf of each one, that in the end of ends he will settle the debts of his loans in completeness. For the members of Yisroel who became guarantors for one another — the majority of them are unable to settle the obligation of the arvus. For it would be enough if each would extricate himself. And therefore the main element is the true tzaddikim, who are in the aspect of the aforementioned Great Lender, who merit the Word of Hashem, which is the root of everything. They are included in Him, Yisbarach, and they have an eternal dominion, which is the dominion of Hashem Yisbarach, the aspect of "tzaddik moshel" ["the tzaddik rules"] (Sh'muel II 23:3). And this tzaddik, the Great Lender, lends always to all who wish to receive his goodness, in the aspect of "kol hayom chonein umalveh," etc. ["All the day he is gracious and lends"] (T'hilim 37:26). And even one who does not repay him properly — he lends him more, until he expands his means and settles. And if he still does not settle, he lends him more in order to expand his means. And so many, many times without limit — in the aspect of "loveh rasha v'lo y'shaleim v'tzaddik chonein v'nosein" ["The wicked one borrows and does not repay, but the tzaddik is gracious and gives"] (T'hilim 37:21). For even though he does not repay, the tzaddik is gracious and gives more and more, until he expands his means and repays. And so forever, for his goodness never ceases. For this tzaddik is in the aspect of the "Place of the world" [M'komo shel Olam] who judges everyone favorably according to his place. And therefore he always finds merit in him, to continue and to bestow upon him great goodness and kindness from a very high and awesome place — in a manner that he can expand his means to settle his debts. And if nevertheless the wicked borrower is obstinate and rebels against him, chas v'shalom, and does not wish anymore to submit to him to receive his goodness — he has the power and the dominion to collect and to exact payment from him forever. For the dominion of Hashem Yisbarach is in his hand, as it is said regarding Him: "Ein choshech v'ein tzalmaves l'hisaseir sham kol po'alai aven" ["There is no darkness and no shadow of death where the workers of iniquity can hide"] (Iyov 34:22). And as it is written: "V'im yacht'ru vish'ol misham yadi tikacheim," etc. ["And if they dig into the grave, from there My hand shall take them"] (Amos 9:2). But his way is to do good always. And he brings about causes and various reincarnations without limit, in the ways of his wondrous goodness and kindness, until [the borrower] is willing to submit himself to seek his goodness from him. And then he bestows upon him each time more kindness and goodness from an even higher place — until in the end of ends everyone will return to Hashem and settle their debts properly. And therefore only tzaddikim such as these, who are in the aspect of the Great Lender — the aspect of the radiance of Mashiach — they can be a guarantor on behalf of each and every one. For they have the power to help each one until he settles for them, etc., as above. And therefore the main arvus is drawn from the aspect of Mashiach, who comes from Y'hudah, who said: "Anochi e'ervenu," etc. For Y'hudah is the aspect of Mashiach — the main guarantor on behalf of all of Yisroel who are guarantors for one another. For he will rectify everything, as above. And this is the aspect of: "Mah ha'airavon asher etein lach? Vatomer chosamcha ufsailecha umat'cha," etc. For they needed to draw the neshamah of Mashiach into the world, as Chazal said. Therefore she mentioned an "airavon" [pledge] — for he is the guarantor on behalf of all of Yisroel that they should settle all their debts. For he will rectify everything, as above. And the main tikkun is through the t'filah in completeness, as above. And this one merits through the tikkun of the three avodos [services] that are explained there [in the Torah], which are: emunah — the opposite of idolatry; and tikkun habris; and the tikkun of bloodshed, which is the aspect of "al t'hi vaz l'chol adam" ["do not be contemptuous of any person"], etc. — as is explained there. And this is the aspect of "chosamcha ufsailecha umat'cha." "Chosamcha" ["your signet"] — this is the aspect of the tikkun of the seal, the sign of the holy bris. And this is the aspect of the t'filin that are alluded to in "chosamcha," as Chazal said. For t'filin are the aspect of "pituchay chosam kodesh laHashem" ["engravings of a seal: holy to Hashem"] (Sh'mos 28:36), which are made through the tikkun of the seal of the bris, as is brought elsewhere (in the Torah "Tik'u Emunah"; see there). "Ufsailecha" ["and your cord"] — this is the aspect of tzitzis, the tikkun of the garments, which are the aspect of kavod [honor]. For Rabbi Yochanan called his garments "m'chabdusa" [my honorers]. And this is the aspect of the tikkun of "al t'hi vaz l'chol adam" — the aspect of "Aizehu m'chubad? Ham'chabed es habrios," etc. ["Who is honored? He who honors the creations"]. "Umat'cha" ["and your staff"] — this is the aspect of emunah. For the main emunah was revealed through the signs and wonders that Mosheh performed with his staff, as it is written: "V'es hamateh hazeh tikach b'yadecha asher ta'aseh bo es ha'osos" ["And this staff take in your hand, with which you shall do the signs"] (Sh'mos 4:17). Through which the holy emunah was revealed, as it is written: "Vaya'as ha'osos l'einay ha'am vaya'amein ha'am," etc. ["And he did the signs before the eyes of the people, and the people believed"] (Sh'mos 4:30-31). And therefore the holy tribes are called by the name "matos" [staffs/tribes]. For they are the generality of the members of Yisroel who draw the holy emunah into the world — which is the aspect of the staff of Mosheh. Therefore "umat'cha" — this is the aspect of emunah. It emerges that these three — "chosamcha ufsailecha umat'cha" — are the aspect of the tikkun of the three aforementioned avodos, through which is the main tikkun of the t'filah, through which is the main settlement of all the debts. And this completeness will be completed through Mashiach, who is the guarantor on behalf of everyone, to settle everything, as above. And therefore she took as a pledge these three — "chosamcha," etc. — as above. And therefore a guarantor at the time of the giving of money becomes obligated. For the one who lends to his fellow and bestows kindness upon him — through this he is included in the aspect of the aforementioned Great Lender, who is in the aspect of the "Place of the world," where all the n'shamos of Yisroel are all one. Because of which all of Yisroel are guarantors for one another, and from there is the root of the arvus, as above. And therefore at the time of the giving of money, the guarantor becomes obligated. For the guarantor cannot become obligated on behalf of his fellow except through receiving from the root of the aforementioned arvus. And therefore at the time of the giving of money — when the lender gives money and bestows upon the borrower — then through this mitzvah, the root of the kindness of the Great Lender is aroused, which is drawn from the "Place of the world," where everything is one, where is the root of the arvus. And therefore then specifically one can introduce a guarantor in his place, because there everything is one, as above. But after the giving of money, he does not become obligated. For since the borrower has already borrowed and does not settle — which is drawn from having distanced from his root — and he cannot settle his loans, as above — therefore then it is impossible for the guarantor to become obligated. For how can one guarantee on behalf of his fellow? For behold, he is in a completely different place from him, and one cannot guarantee on his behalf except when they ascend and connect to the roots of the n'shamos of Yisroel. Through which they are included in the aspect of the "Place of the world," where everything is one, and there all the places and all the channels are included together. And therefore from there specifically one can draw a tikkun to settle even the debts of one's fellow — and for this the guarantor enters himself. And this one merits only through the Great Lender, as above. And therefore at the time of the giving of money — through the mitzvah of the loan — one is included there in the aspect of the Great Lender, as above. Therefore then specifically the guarantor is obligated without a kinyan. But afterward one cannot become obligated to guarantee on behalf of his fellow, for afterward one has become distanced from there, as above. And therefore after the giving of money, he does not become obligated except with a kinyan. For all the kinyanim [acquisitions] are through garments — and formerly in Yisroel through a shoe, as it is written: "V'zos l'fanim b'Yisroel al hag'ulah...shalaf ish na'alo," etc. For the kinyan is that one should not change anymore. And all the changes are below, in the change of places, where falsehood and change have their hold. But above, in the aspect of the root of the n'shamos of Yisroel — where everything is one — there is no change or falsehood, in the aspect of "sh'airis Yisroel lo ya'asu avlah," etc. ["The remnant of Yisroel shall not do iniquity"] (Tz'fanyah 3:13). And therefore one accepts kinyan sudar [acquisition through a cloth]. For the garments and the clothing are in the aspect of the Throne of Glory — the aspect of the root of the n'shamos of Yisroel, as it is written [in the Zohar]: "L'vushin t'kinas l'hon d'minaihu porchin nishmasin livnay nasha," etc. ["You prepared garments for them, from which n'shamos fly forth for the sons of man"]. And therefore all the kinyanim are through the garments, through which one connects oneself to the root of the n'shamos of Yisroel — where there is no change or falsehood, chas v'shalom. And therefore after the kinyan one cannot change anymore. And one who changes afterward — it is as if he uproots himself from the root of the n'shamos of Yisroel, chas v'shalom. And therefore through a kinyan the guarantor becomes obligated even after the giving of money. For through the kinyan one ascends to the root of the n'shamos of Yisroel, where everything is one — where all the n'shamos are included together, one within the other. Through which each one is a guarantor on behalf of his fellow, for from there is the root of the arvus, as above.
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