חזקת מטלטלין ד

font-style: italic;

.redirect-box .ref {

font-size: 1rem;

color: var(--note);

margin-top: 1rem;

text-align: justify;

margin-bottom: 1.2rem;

text-indent: 1.5em;

Likutay Halachos

Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan I:10. Translated from the Hebrew. A guarantor at the time of the giving of money becomes obligated without a kinyan [formal act of acquisition]. Not at the time of the giving of money, he requires a kinyan. The topic of a guarantor is according to the teaching "V'aileh HaMishpatim" in Siman 10, which speaks of hand-clapping and dancing — see the entire teaching well. And it is stated there that the tikkun of ga'avah [pride], which is avodah zarah [idolatry], is through the tzaddik, who is the aspect of the ruach [spirit/wind] in the heart that blows through the six joints of the hands and the six joints of the feet. And through this, the illumination of the hands and feet is revealed — which is the aspect of emunah, the aspect of "vayhi yadav emunah" ["and his hands were faithful"] (Sh'mos 17:12), the aspect of "ragli amdah v'mishor" ["my foot stood on a straight place"] (T'hillim 26:12) — the opposite of k'firos [heresies], the aspect of "natyu raglai" ["my feet had almost turned aside"] (T'hillim 73:2), the aspect of "raglai chasidav" ["the feet of His pious ones"] (Sh'muel I 2:9), "chasdai Dovid hane'emanim" ["the faithful lovingkindnesses of Dovid"] (Y'shayahu 55:3). And the main illumination is in the feet, because there is the main hold of the chitzonim [forces of evil], in the aspect of "ragleha yordos maves" ["her feet go down to death"] (Mishlai 5:5). And this is the aspect of "Esther b'ruach hakodesh ne'emrah" ["Esther was said through the holy spirit"] — see there well. For Mordechai and Esther are the aspect of hands and feet, but the main illumination is in the feet — the aspect of "Esther b'ruach hakodesh," etc. — see there well. And behold, the guarantor on behalf of the borrower is in the aspect of feet, in the aspect of "raglohi d'var inash inun arvin leih" ["A person's feet are his guarantors"] (Sukkah 53a), as is brought there at the end of the aforementioned teaching. For the borrower is the aspect of a poor person, the aspect of a receiver — in contrast to the lender who bestows kindness upon him. And therefore the borrower is in the aspect of feet, which are the aspect of receiving, as is understood there in the aforementioned teaching. And the main element of poverty and borrowing is only due to the blemish of the feet — meaning the blemish of emunah, from which is the main deficiency of parnasah [livelihood], as is understood in the words of Rabbainu z"l in many places. And because of this he was compelled to borrow. For money is the aspect of feet, as Chazal said: "V'es kol hay'kum asher b'raglaihem" ["And all the substance that was at their feet"] (D'varim 11:6) — this is a person's money, which stands him on his feet. And when the feet are blemished, chas v'shalom, through k'firos, chas v'shalom — blemish of emunah, which is the aspect of "natyu raglai," chas v'shalom — through this the parnasah is diminished and one becomes poor, chas v'shalom, which is the aspect of stumbling, the aspect of "birkayim koshalos" ["stumbling knees"], the aspect of the feet turning aside. For through the blemish of emunah — which is the strengthening of the feet, as above — through this the feet stumble and one cannot stand on one's feet, meaning the money that stands him on his feet is diminished, as above. And because of the lack of money he is compelled to borrow. And then the lender who bestows kindness upon him and lends to him stands him on his feet through the money he lends him — which is the aspect of y'kum [substance/standing], as above. It emerges that the borrower is in the aspect of feet. And through the mitzvah of loans and g'milus chesed [acts of kindness], through this the unification and sweetening described above is accomplished — which is the aspect of hand-clapping and dancing. For through the generous spirit of the lender — whose heart is moved to bestow kindness upon him, which is the aspect of ruach n'divah [a generous spirit] — through this, the aspect of the ruach of the tzaddik is aroused. For the ruach of the tzaddik — which is the ruach in the heart — is itself the aspect of a ruach n'divah. For the main aspect of a tzaddik is so called because he performs tz'dakah and chesed, for the tzaddik is generous of heart. And the ruach of the tzaddik in the heart is the aspect of ruach n'divah, the aspect of generous-heartedness — through which it illuminates the hands and feet and subdues the k'firos and reveals the aspect of emunah and elevates the feet from the aspect of "ragleha yordos maves." This is accomplished through the aspect of tz'dakah, in the aspect of "utz'dakah tatzil mimaves" ["and righteousness saves from death"] (Mishlai 10:2). For the ruach of the tzaddik is the aspect of a ruach n'divah that performs tz'dakah and rectifies and illuminates the hands and feet and draws into them tz'dakah and life and subdues the Sitra d'Mosah [the side of death] — the aspect of avodah zarah and k'firos. And therefore one who performs tz'dakah or g'milus chesed arouses the ruach of the tzaddik through the ruach n'divah in his heart. And this ruach blows through the hands and feet and illuminates them — for the giver and the receiver are the aspect of Mordechai and Esther, man and woman, hands and feet, as explained in the aforementioned teaching. For the giver bestows the gift of his hand through the ruach n'divah in his heart — which is the ruach of the tzaddik — to the poor person who receives, who is the aspect of feet, as above. And he supports him and stands him on his feet through this, as above, and elevates him from the aspect of "natyu raglai," from the aspect of "ragleha yordos," etc., as above. It emerges that through tz'dakah and g'milus chesed, through this the aforementioned aspect is accomplished — the aspect of the illumination of the hands and feet through the ruach that blows through them, which is the ruach of the tzaddik, which is the aspect of ruach n'divah in the heart to perform tz'dakah and g'milus chesed. However, g'milus chasadim is greater than tz'dakah, as Chazal said (Sukkah 49b), as it is written: "V'chi yamuch achicha v'hechezakta bo" ["And if your brother becomes impoverished, you shall strengthen him"] (Vayikra 25:35). And as Rashi explains there: before he has fallen, one person can support him; once he has fallen, ten cannot support him. For when he is already poor and compelled to receive tz'dakah, then he is actually receiving, and then he is in the aspect of feet — and then it is difficult to raise him, for there, in the aspect of feet, is the main hold [of the chitzonim], in the aspect of "ragleha yordos," etc., as above. But when one lends to him through g'milus chesed, then one can support him until he expands his means and repays him — and then one saves him from being a receiver at all. And this is a very great good, for it elevates him from the aspect of feet. For afterward, when the borrower returns and repays the lender, then the borrower is equal to the lender. It emerges that this borrower — who was initially at the time of the loan in the aspect of a receiver, the aspect of feet — now that he has expanded his means through the loan and merits to repay, he has now left the aspect of receiver, the aspect of feet, and is equal to the lender. And this is the aspect of "libo nasa es raglav" ["his heart carried his feet"] (Brachos 6b), for through the ruach n'divah in the heart of the lender, through this he carried the one who was in the aspect of feet — and now he is equal to him. And this is the aspect of "hushvu ishah l'ish" ["woman was made equal to man"] stated there at the end of the aforementioned teaching. "Hushvu" specifically — the aspect of "libo nasa es raglav," that the feet are carried upward until the feet are equal to the hands, in the aspect of "v'hayah or hal'vanah k'or hachamah" ["the light of the moon shall be like the light of the sun"] (Y'shayahu 30:26). It emerges that through lending g'milus chesed one does a very great good for the borrower, and the merit of this mitzvah is very great, as is brought in the words of Chazal. And this is the aspect of a guarantor. For the guarantor is the aspect of feet, the aspect of "raglohi d'var inash inun arvin leih," as above. For he is a guarantor on behalf of the borrower and stands in the place of the borrower. And therefore the guarantor is also in the aspect of feet, like the borrower, as above. And the main element of the guarantee is due to this aspect — the aspect of the aforementioned feet. For this lender who wishes to bestow kindness upon the borrower and shines the ruach n'divah in his heart upon the borrower and lends him his money in order to stand him on his feet — so that afterward the borrower will return and repay him, and through this the tikkun of the feet described above will be accomplished, the aspect of "libo nasa es raglav," as above — but because this one who comes to borrow has already had his steps somewhat dislodged and the aspect of his feet has been blemished to the point where he was compelled to borrow, therefore the lender is afraid to lend to him. For since the borrower is in the aspect of feet, as above, and there is the hold [of the chitzonim], as above, it could turn out to the contrary, chas v'shalom — that they might also take hold, chas v'shalom, even of this money that he bestows upon him through his ruach n'divah, and he will not be able to repay him. Or, because they have taken hold of him, his emunah will be blemished and he will deny his fellow and not wish to repay him — since they are close to him, because he is in the aspect of feet, since he is now in the aspect of a receiver, as above. Therefore [the lender] does not wish to lend to him except through this guarantor, who guarantees on behalf of the borrower — who is in the aspect of feet — that the money will not be sunk there, chas v'shalom, in the aspect of "ragleha yordos," etc. Rather, he is obligated to endeavor to elevate the money from there and return it to its root, to the lender. And therefore [the guarantor] is in the aspect of feet, for this is the main element of the guarantee — to elevate the money from the aspect of feet, meaning from the borrower, so that it will not be sunk there, chas v'shalom. And therefore Chazal warned: "Keep far from guarantees" (Y'vamos 109b), for this is a place of danger, as above. And therefore — why should he bring this trouble upon himself, to insert himself into the aspect of feet, where they [the chitzonim] take hold most strongly, and it is a place of danger? Therefore it is good to distance oneself from this. And therefore a guarantor at the time of the giving of money becomes obligated immediately without a kinyan, but not at the time of the giving of money he requires a kinyan. For the matter of a kinyan in every case is only due to the aforementioned aspect — because the emunah is in the aspect of feet, and there the chitzonim take hold, in the aspect of "ragleha yordos," etc., in the aspect of: "Zos Y'rushalayim b'soch hagoyim samtihah" ["This is Y'rushalayim — I have placed her in the midst of the nations"] (Y'chezkel 5:5). Y'rushalayim is the aspect of emunah — she is always among them, as is brought in the words of Rabbainu z"l in many places. And because of this, when one conducts any business dealing, it is impossible to rely on one's fellow's emunah alone, and there is no validity to the matter without a kinyan. For in truth it ought to be that no kinyan should be necessary for anything in the world, for it ought to be that "yes" is "yes" and "no" is "no," as Chazal said (Bava M'tzia 49a). And since he promises his fellow through speech alone to fulfill the business dealing and the transaction and the like, it certainly ought to be that he should stand by his emunah and fulfill his word even without any kinyan at all. But the fact that according to the din there is no validity to the matter without a kinyan is due to the aforementioned aspect — because the emunah must be constantly revived. And as long as one does not revive and strengthen and establish the emunah that constantly dwells among the fallen k'dushos [holinesses], it is impossible to rely on one's fellow's emunah alone. For generally, every person has an aspect of fallen emunah, for the emunah is not in a state of complete perfection by every single person — because the emunah constantly dwells among the nations, etc., as above. And especially the emunah in business dealings — for there is the main emunah, as they said (Shabbos 31a): "Did you conduct your business dealings with emunah?" And there is the main battle and clarification, for in all matters of business dealing there are many very fallen k'dushos that need to be clarified through the business dealing, and the main clarification is through emunah, as is brought in the words of Rabbainu z"l elsewhere (in Siman 280) in the teaching "Ki Saitzai LaMilchamah." And because the emunah in business dealings dwells there among the nations, among the fallen k'dushos, therefore one who is not strong in exceptional emunah — it is impossible to rely on his emunah. For sometimes the emunah itself becomes blemished through this — through dwelling among them — and especially the emunah in business dealings, where the main battle and clarification is, as above. And as is understood from all of Rabbainu's words elsewhere. And because of this it is impossible to rely on emunah alone, and there is no validity to any business dealing except through a kinyan. And the main element of a kinyan is to revive the aspect of emunah — for through the kinyan one revives and strengthens the aspect of one's fellow's fallen emunah. And when one strengthens and elevates the emunah, then the emunah becomes strengthened and established, and then he must fulfill his word, and it is forbidden to change the business dealing — since the emunah has already been revived through the kinyan, therefore it is no longer possible to change. And this is the aspect of kinyan sudar [acquisition through a cloth], which is effective for every matter. And formerly in Yisroel the kinyan was through a shoe, as it is written: "V'zos l'fanim b'Yisroel, al hag'ulah...shalaf ish na'alo v'nasan l'rai'aihu, v'zos hat'udah b'Yisroel" ["Now this was formerly the practice in Yisroel regarding redemption...a man would draw off his shoe and give it to his fellow, and this was the attestation in Yisroel"] (Rus 4:7). For garments and shoes are very lofty things, and they are in the aspect of guarding the emunah, in the secret of the Chashmal [the protective spiritual envelope], as is known. And they are drawn from the aspect of the ruach in the heart — which is the aspect of the ruach of the tzaddik described above. For from the aspect of the ruach in the heart — which enlivens the hands and feet and subdues the k'firos and illuminates the emunah, as above — from there goes forth the aspect of the illumination outward, in the aspect of garments, in the aspect of the Chashmal, in order to guard the emunah so that it not be blemished by the Sitra Achara, chas v'shalom. And because the main guarding is needed for the feet, as above, therefore there one needs shoes, which are an extra guarding — so that the feet not stumble through k'firos, chas v'shalom, which is the aspect of the turning aside of the feet, the aspect of the stumbling of the feet. For shoes are a very lofty aspect, and their root is from a supernal place, from the aspect of the ruach in the heart (for Binah is in the heart, and from there is the aspect of garments, in the secret of the Chashmal, and the shoes — for na'al [shoe] has the gematria of 151, etc., as is brought in the Writings [of the Arizal], in the aspect of "just as t'fillin, so too shoes." And therefore one recites a special b'rachah upon them: "She'asah li kol tzarki" ["Who has provided me all my needs"]. And therefore Chazal were very careful about them, as Chazal said: "A person should always sell everything he has and buy shoes for his feet" [Shabbos 129a]. For the main thing is to guard the emunah, and the main thing is to guard the feet, as above.) And this is the aspect of shoes — which are drawn from the ruach in the heart that blows through the feet, and from there go forth the shoes, which are a guarding for the feet, as above. And therefore when they wished to strengthen the emunah in order to establish a business dealing — so that one's fellow would not change the trust of his word — they would practice establishing every matter through the shoe. One would draw off his shoe and give it to his fellow. And through receiving the shoe from his fellow, through this he would receive from his fellow the vitality and guarding of the emunah, as above. And through this the emunah was strengthened and he could no longer change against his fellow — since from him he received the strengthening of the emunah through the aspect of the shoe. Therefore the matter was established through this and he could no longer change. And so too now, the practice is to establish every matter through a kinyan sudar, which is also the same aspect. For garments are the guarding and vitality of the emunah, as above, and through this the emunah is strengthened and established and it is no longer possible to change, as above. And therefore a guarantor at the time of the giving of money does not need any kinyan at all; rather, through speech alone he becomes obligated. For at the time of the giving of money — meaning at the time of the bestowal of kindness — then the ruach n'divah flows, which is the aspect of the ruach in the heart that enlivens the emunah, that blows through the hands and mainly through the feet, as above. And the main illumination of the ruach n'divah in the heart is aroused through the guarantor, upon whom [the lender] relies and lends. And through this loan, the ruach in the heart illuminates the hands and feet, as above. And therefore the guarantor too, at the time of the loan, receives vitality and illumination from the aspect of the ruach in the heart that blows mainly through the feet — and the guarantor is the aspect of feet, as above — and receives vitality and illumination from the ruach n'divah in the heart of the lender that illuminates through him in the feet, as above. And therefore the guarantor becomes obligated immediately — meaning that he must fulfill his promise and it is forbidden to change further. For his emunah has been strengthened through the aforementioned ruach n'divah that blows through the feet, as above. And therefore it is no longer possible to change — as though he had received a kinyan, for the main element of a kinyan is only for this purpose: to revive and strengthen the emunah. And now the emunah has been strengthened and revived of its own accord, even without a kinyan, through the ruach n'divah that was aroused through this guarantor and illuminates the feet, as above. But not at the time of the giving of money, he requires a kinyan. For then, when the lender demands repayment from the borrower and he does not pay him, and this one now becomes a guarantor — then the ruach n'divah described above no longer illuminates. On the contrary — the aspect of the illumination that the lender illuminated in the borrower through the ruach n'divah has already become sunken, as above. And now that the borrower does not repay the lender and does not stand by his emunah — the aspect of the illumination described above that the lender illuminated in the borrower — who is the aspect of feet — has already been sunken in the aspect of "ragleha yordos," etc., because they [the chitzonim] took hold there, and because of this he does not repay him. And because now the aforementioned ruach n'divah does not illuminate — on the contrary, the aforementioned illumination has already been sunken in the aspect of "ragleha yordos," etc., as above — therefore now the guarantor does not become obligated through speech alone, but only through a kinyan, like all matters that require a kinyan in order to revive and strengthen the emunah. And without this there is no validity to any matter through one's fellow's emunah alone, etc. But at the time of the giving of money, then the ruach n'divah illuminates the aspect of feet — which is the aspect of the guarantor — and through this the emunah is strengthened, and it is no longer possible to change, for this is literally the aspect of a kinyan, as above. And this is what Chazal said regarding a guarantor not at the time of the giving of money: "Behold, one who seizes his fellow [by the throat]," etc. — see below.

Choshen Mishpat — Laws of Fraud (Onaah)

Hilchos Onaah — Halachah 4

This halachah is located in:

Hilchos Mekach Umimkar, Halachah 4, paragraph 15

(Laws of Buying and Selling, Halachah 4, §15)