For the source text click/tap here: Kiddushin 42
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Our Mishna (41a) introduced us to the concept of shelihut to the extent that we say, “Sheliaḥshel adam ke-moto – when the messenger acts it is as though the person himself did the act.”
Is this true in all cases?
One situation where a sheliaḥ must take responsibility for the action that he does is if it was a forbidden act. There, the Talmudic principle “Ein sheliaḥ le-dvar aveirah” applies – that no one can appoint a messenger to commit a sinful act. The Gemara explains this by saying that the messenger’s true obligation is to follow the directions of God, not of another person: divrei ha-rav ve-divrei ha-talmid, divrei me shom’im!
We explore the notion of “following orders” as an ethical defense.