Question: May a shaliach eat before doing b’dikas chametz in his friend’s house?
Short Answer: There is a dispute whether a shaliach may eat before performing someone else’s mitzvah for him. Practically, it is probably better for the shaliach to refrain from eating beforehand unless he must.
Explanation:
I. The Source
The Shulchan Aruch (Orach Chayim 431:1) rules that one is forbidden to eat (and do various other things) before b’dikas chametz. The Magen Avraham (431:5) discusses whether it is preferable to daven Maariv or do b’dikas chametz first. He notes that in some circumstances, you should daven Maariv first, but appoint a shaliach to do b’dikas chametz at the proper time (while you are davening Maariv). Clearly, the Magen Avraham permits the owner to do other things at the time of the b’dikah, as long as a shaliach is appointed to do the b’dikah.
This inference is noted by the Nachalas Tzvi (author of Pischei T’shuvah, Yoreh Dei’ah 262:1). He holds that a father generally may not eat anything on the eighth day after his son’s birth until the bris milah is performed. However, if a mohel is hired (and the father is not performing the milah himself), the father may eat before the bris milah. In support of this ruling, he cites the above Magen Avraham.
II. Connection To B’dikas Chametz
Rav Shmuel Kamenetsky shlita (Kovetz Halachos, Pesach, 4:18) holds that, based on the Nachalas Tzvi, an owner who appoints a shaliach to perform b’dikas chametz in his house may eat before the b’dikah is performed. He cites an additional proof from a different Magen Avraham (Orach Chayim 470:4), who holds that in a year when Pesach falls out on Motza’ei Shabbos and b’dikas chametz and Taanis B’chorim are on Thursday, a b’chor may eat at nightfall as long as he appoints a shaliach to perform b’dikas chametz for him.
This is the ruling of the Nit’ei Gavriel (Pesach, Vol. 1, 10:5, n. 15), as well. This leniency appears to start even before the shaliach actually starts the b’dikah, as long as he is appointed. See sefer Y’mei Purim (p. 126).
This halachah has many ramifications, including whether a person may eat before lighting Chanukah candles, assuming he appointed a shaliach to light on his behalf. See Gam Ani Odecha (Rav Boruch Dadon, 1:288).
III. The Shaliach Himself?
But what about the shaliach himself? May he eat before he performs the b’dikah in YOUR house?
The Nachalas Tzvi (ibid) briefly addresses this issue. He notes that “perhaps the mohel is forbidden to eat” before the milah. The Maharam Shick (287) cites the Nachalas Tzvi approvingly but understands that the Nachalas Tzvi ultimately forbade the mohel to eat (even though the Nachalas Tzvi was actually only m’supak about it).
The B’Tzeil HaChochmah (4:60) likewise addresses this Nachalas Tzvi. He starts by noting that in all the sugyos that discuss eating before a mitzvah, including before Minchah, lulav, k’rias Sh’ma, Shacharis, Kiddush, Havdalah, b’dikas chametz, eating matzah, S’firas HaOmer, Megillah, it only focuses on mitzvos incumbent on the person himself to perform. If the person delays, his mitzvah won’t be performed. This is in contrast to bris milah, where the father himself is not performing the mitzvah on himself anyway; thus, if the father does not do it, someone else can always give the milah to his son. Perhaps there is no isur even on the father to eat before milah!
Moreover, the B’Tzeil HaChochmah notes that if we disincentivize the shaliach by forbidding him to eat before performing the mitzvah, no one would ever agree to become a shaliach. He cites a proof from mezuzah d’rabbim, where the Gemara/Rashi (Yoma 11a) concludes that you only need to check them twice every fifty years (as opposed to twice every seven years), because it is a “tirchah” to check and no one is interested in doing so. Even though you could distinguish mezuzah d’rabbim because over there the mezuzah is presumably kosher, and you are just checking them to ensure such kashrus, nevertheless, the B’Tzeil HaChochmah holds that we do not disincentivize a shaliach.
The B’Tzeil HaChochmah goes even further. A shamash, who is responsible (and is paid) for doing b’dikas chametz in a shul (see Chok Yaakov 433:22), may eat before performing b’dikas chametz. Even though we are not concerned about being matriach him and disincentivizing him, as he is being paid, nevertheless, he may eat based on the first reason (above) – that even if he forgets, someone else will remember. This is cited approvingly by the Nit’ei Gavriel (ibid).
The sefer Toras HaBris (p. 589) suggests that perhaps a mohel cannot eat before the bris milah because he is partially chayav in the mitzvah (i.e., if the father doesn’t give the milah, it is incumbent on all of B’nei Yisrael to ensure that the baby has a bris milah). B’dikas chametz, on the other hand, is not the shaliach’s mitzvah, as it is not his house.
Kovetz Halachos (ibid), however, concludes that, with respect to both a regular shaliach and a shamash, it is unclear whether they may eat before b’dikas chametz.
IV. Practically Speaking
Even though the B’Tzeil HaChochmah was lenient to allow a shaliach to eat before b’dikas chametz, Rav Yitzchak Ratzbi (Divrei Chafetz, Vol. 4, p. 92) forbids eating, as does Rav Chaim Kanievsky zt”l (cited in the Minchas Iyun, t’shuvah 42).
Indeed, the K’dushas Levi (cited in BiShvilei HaChupah, p. 27) explains that Eliezer eved Avraham didn’t eat (“lo achalti ad asher dibarti d’varai”) because he was a shaliach for the kiddushin of Yitzchak, and a shaliach may not eat before performing the mitzvah.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
