For the source text click/tap here: Bava Metzia 13
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Beginning with the Mishna on yesterday’s daf (12b), the focus in our perek is on what to do what you find a shetar – a legal document – which contains information about a transaction between two people. Since it is not clear who was holding the shetar when it was lost, it is unknown to whom it should be returned; perhaps, it cannot be returned to either of them.
For shelichut to work, it typically requires a DIRECT appointment by the ba'al davar, the person who will dispatch the shaliach and who will absorb the halakhic consequences of the action performed. However, several gemarot assert the ability to represent another person without direct appointment. If the given activity is overwhelmingly beneficial, a “zekhut,” it can be performed by an agent who has not been explicitly appointed. This ability is known as “zachin le-adam shelo be-fanav.” The Rishonim differ as to the relationship between classic shelichut and zachin, and this debate affects to the nature of shelichut itself.
We explore the notion of “zachin le-adam shelo be-fanav.” Where it applies especially regarding the sale of chametz on Pesach.
A Shtar may be written for a borrower even without the presence of the lender; nonetheless if the lender protests not to write the Shtar for the borrower we do not write the Shtar against his will.
However a Shtar may not be written for the lender if the borrower is not present. (Shulchan Aruch CM 39:13)