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Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan I:14 ("Tik'u"). Translated from the Hebrew. A partnership is not completed through words alone, but rather through a kinyan [act of acquisition]. And every matter — according to its [type of] kinyan, its partnership is established, etc. According to what is brought in the discourse beginning "Tik'u," etc. (Siman 14): In order to draw shalom into the world, one needs to elevate the kavod [honor] to its root, etc. And it is impossible to elevate the kavod except through ba'alay t'shuvah and gairim [converts]. And to arouse the ba'alay t'shuvah and gairim is through the Torah — that one illuminates for them to the place where they are. For through the Torah one illuminates in the root of the neshamos that arose in the machshavah [thought] first. And through the sparkling of the neshamos, the neshamos of the ba'alay t'shuvah and gairim illuminate and are born; see there all of this well. And through this the kavod of Hashem Yisbarach is magnified, and one merits shalom; see there. And gairim who convert come under the wings of k'dushah — the aspect of "kanfay mitzvah" [wings of mitzvah] — the aspect of "vichibadto kab'daihu bichsus n'kiyah" ["and you shall honor it — honor it with clean garments"]; see there well. And it is stated there at the end that when shalom is drawn, then all the masa umatan [commerce] will be nullified from the world. For the main masa umatan is through machlokes. For it is impossible that the will of the seller and the buyer should be equal, etc. In the aspect of: "Vay'hi riv bain ro'ay mikneh Avram uvain ro'ay mikneh Lot, vihaK'na'ani az ba'aretz," etc. ["And there was strife between the shepherds of Avram's cattle and the shepherds of Lot's cattle, and the K'na'ani was then in the land"] (B'raishis 13:7); see there. And in the future, when shalom will be magnified, the masa umatan will be nullified, etc.; see there all of this well. And this is the aspect of all the kinyanim [acquisitions] — that one specifically needs a kinyan to complete the masa umatan, and the transaction is not completed through words alone. For because the masa umatan is drawn from machlokes, as above — because of this it is impossible to rely on words alone. For it is possible that the buyer or the seller will retract. For retraction — this is the aspect of machlokes. For from there is the main hold of retraction and falsehood. For emes [truth] is the aspect of unity, as is brought elsewhere — the aspect of shalom, as it is written: "Ha'emes vihashalom ehavu" ["Love truth and peace"] (Z'charyah 8:19). But sheker [falsehood] is the aspect of multiplicity — the aspect of machlokes. For in "one" there is no relevance of machlokes. And the main machlokes is in the aspect of multiplicity — which is the aspect of sheker, as is explained elsewhere. For one who lies and retracts from his words — this in itself is the aspect of machlokes. Which is the aspect of an unsettled mind. For at first he consented to the transaction, and afterward he retracts. It emerges that his heart is in dispute — the aspect of machlokes. And because the main masa umatan is drawn from machlokes — therefore it has no endurance through speech alone, but only through a kinyan. For it is possible that there will be a change and retraction — which is the aspect of machlokes — since the main masa umatan is drawn from the aspect of machlokes, as above. Therefore one needs to make an endurance for the masa umatan — meaning, through kinyan sudar [acquisition through a cloth/garment]. For through it are the majority of kinyanim. For the main endurance and tikkun of the masa umatan is through the aspect of drawing shalom. For as long as there is machlokes, there is masa umatan, as above. But in truth, the masa umatan itself — when one merits to do it properly — is a great tikkun. And it is itself the tikkun of the machlokes. For this is the main aspect of masa umatan — to rectify the machlokes from which it is drawn. For one specifically needs to do masa umatan. But through the masa umatan itself, one rectifies the aspect of the machlokes. For through the masa umatan one draws shalom. For doing masa umatan in k'dushah properly is literally the aspect of making gairim — through which the kavod of Hashem Yisbarach is magnified — through which shalom is drawn. For it is already explained and known that there are holy sparks in everything — that one needs to elevate them through the masa umatan, as is explained in the words of Rabbainu, zichrono livrachah, many times. For through the masa umatan one elevates the sparks. And these sparks are the aspect of holy neshamos that fell. And when one elevates them and refines them through the masa umatan — this is literally the aspect of gairim. For they return from the k'lipah to the k'dushah — and this is literally the aspect of gairim. And gairim who convert come under the wings of k'dushah — the aspect of "kanfay mitzvah," "k'sus n'kiyah," as above. And this is the aspect of kinyan sudar — that one elevates the neshamos and the sparks that are in the masa umatan — which are the aspect of gairim — one elevates them to the wings of k'dushah, which are the aspect of the corner of the garments through which one acquires with kinyan sudar. And through this the kavod of Hashem Yisbarach is magnified, as above. And through this shalom is made, as above. And through the shalom, the machlokes is rectified. It emerges that through masa umatan — which is drawn from the aspect of machlokes — through this itself one rectifies the machlokes and shalom is made. And therefore after the kinyan sudar, they can no longer retract. For through the kinyan — which is the aspect of the elevation of the sparks in the masa umatan, which is the aspect of gairim, to the wings of the garments, which are the aspect of kavod, as above — through this, shalom is drawn, as above. And when shalom is drawn and the machlokes is nullified, there is no longer any retraction or change. For the main retraction and change is from the aspect of machlokes — which is the aspect of sheker, as above. But when shalom is drawn, the sheker and the retraction are nullified. For shalom is the aspect of emes, as above. And therefore it is impossible to retract after kinyan sudar, as above. For in truth the masa umatan in k'dushah is literally the aspect of making gairim, as above. And therefore one needs to connect the masa umatan to the Torah, as is explained in the words of Rabbainu, zichrono livrachah, elsewhere (Siman 280). And as Chazal said: "Tov Torah im derech eretz" ["Torah is good together with worldly occupation"], etc. (Avos 2:2). For it is impossible to make gairim except through the Torah. For through it the roots of the neshamos illuminate and sparkle, and they sparkle to each other, and through this the gairim are born, as is explained there in the aforementioned discourse. And therefore one needs to connect the masa umatan to the Torah — so that one can make gairim through the masa umatan, as above. And this is the aspect of Yisachar and Z'vulun. For through the fact that Yisachar engaged in the Torah — through this Z'vulun had the power to do masa umatan and to refine the sparks. And this is the aspect of gairim — which are made through the Torah, as above. And this is what is written: "S'mach Z'vulun b'tzaisecha viYisachar b'ohalecha; amim har yikra'u," etc. ["Rejoice, Z'vulun, in your going out, and Yisachar, in your tents; they shall call peoples to the mountain"] (D'varim 33:18-19). And Rashi explains: through the commerce of Z'vulun, gairim come and convert. For the masa umatan is literally the aspect of making gairim. And this is specifically through Z'vulun being connected to Yisachar, who engaged in Torah. For through the Torah of Yisachar, Z'vulun had the power to make gairim through the masa umatan — the aspect of "S'mach Z'vulun," etc., "viYisachar," etc., "amim har yikra'u" — meaning, gairim, as above. And this is: "Tov Torah im derech eretz sheygi'as sh'naihem meshakachas avon" ["Torah is good together with worldly occupation, for the exertion of both causes sin to be forgotten"]. Meaning, the aspect of gairim and ba'alay t'shuvah — that the sin and the k'lipah are forgotten and nullified, and the sparks return to k'dushah. And this is specifically through Torah together with derech eretz. For through this specifically gairim are made, as above. It emerges that the main tikkun of masa umatan is through the aspect of drawing shalom, as above. And this is the aspect of shutafus [partnership]. For this is the main aspect of shutafus. For the main tikkun of masa umatan — which is the aspect of gairim — is through the sparkling of the neshamos, which is the aspect of the coupling of the neshamos. Through which the neshamos of the gairim are born, as above. And therefore sometimes it is impossible to raise and to elevate the masa umatan except through two or three people connecting and partnering together. And through their partnership, their neshamos also connect and illuminate to each other. And through this they can elevate the masa umatan even more — which is the aspect of gairim. For the main gairim come into being through this aspect, as above. And this is the aspect of what Chazal said: "Mazala d'vai t'rai adif" ["The fortune of two is better"] (B'raishis Rabbah 91:6). "Mazal" — this is the aspect of the root of the neshamos in the machshavah t'chilah [primordial thought]. The aspect of "v'nozlim min L'vanon" ["and flowing from L'vanon"] (Shir HaShirim 4:15) — "min l'vona d'mocha" [from the whiteness of the brain]. For there is the root of the neshamos in the machshavah t'chilah. And this is the aspect of "mazal." And this is: "Mazala d'vai t'rai adif" — because their neshamos connect and couple together, through which the neshamos of the gairim are born. For the main tikkun of masa umatan is through this aspect, as above. And therefore one needs a kinyan for the shutafus — in order to elevate the sparks in the masa umatan for which they partner, to the aspect of the wings of the garments — which are the aspect of kavod, etc., as above. And through this the shutafus is established. For also the shutafus in masa umatan — which is the aspect of drawing shalom, as above — it is impossible for it to be established except through kinyan sudar, which is the aspect of the elevation of the kavod. Through which shalom is drawn and the sheker is nullified, etc., as above. For since the shutafus is for the sake of masa umatan — which is drawn from machlokes — it has no endurance through mere words. For the shutafus can be nullified and they can split — since the main masa umatan is drawn from machlokes, as above. Therefore one needs to make a kinyan, like the kinyan of any thing when one acquires it — meaning, kinyan sudar, which is the main kinyan in all things. For through this the kavod is magnified, as above, and shalom is drawn. And then there is no retraction, as above. For the main tikkun of masa umatan is through the aspect of drawing shalom. And this is the main shutafus — for the sake of drawing shalom. For the main tikkun of masa umatan is through this, as above.

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Laws of Agents, Halachah 4 — Part 2 (§§6–10)

Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan II:1 ("Tik'u Memshala").