OnegShabbos פרשת חיי שרה
14 Nov ‘14 כ”א חשון תשע”ה
Rabbi Shraga Kallus Rosh Kollel Ateres Sholom, Yerushalayim
The Matchmaker at point of engagement or is the benefit when they become lawfully husband and wife?
In this week’s parsha we are introduced to the first shadchan (matchmaker) in history, Eliezer eved Avrohom and the first thing he did as a “shadchan” was to daven to Hashem.
Rav Nosson Gershtetneer (In Lehoros Nosson, Chelek 10/122) says that if the responsibility is that of of a poyel then the worker was contracted to do the job of making the shiduch which is completed when the shidduch is finalised e.g. the vort or the tenoim.
The Gemorah in Brochos Daf 8 brings the Pasuk in Tehilim (32.6) “Al zos yispalel kol chosid Elecha L’eis mizo” (Regarding this let every devout man pray to You: at the time needing a finding). Rashi says zu isha (this is a woman), one should daven for a good wife.
Generally when a shadchan asks one family “do you want me to suggest the shidduch to the other side?” Upon approval, you have contracted a poyel and left the realm of a yored therefore you will be obliged to pay the shadchan on the day of the vort.
This is the first introduction to Eliezer who understood that although Yitzchock was a prize catch and had everything going for him, he, Eliezer still needed to daven for a good shidduch.
It is not so well known in the unfortunate situation of a broken engagement the halacha would follow the same guidelines, if the payment is for benefit (i.e yored) and the shidduch didn’t work out there is no benefit. As explained, in most cases the concept of a shadchan has been accepted as a Poyel, therefore even upon a broken engagement the shadchan would be allowed to keep the money.
The Gemorah in Shabbos Daf 31 mentions when discussing the importance of being involved in siduchuim that the first question one is asked at his final judgement is osachta bpiriya uriviya did you have children? The Maharsha asks that having children is not within an individual’s choice, it is entirely Hashem’s decision? The Maharsha answers that it means did you involve yourself in making shiduchim. The Chazon Ish until the end of his life was helping people with shiduchim. It was told of the Chasam Sofer that one erev yom kippur, he felt that he was missing zechsuim (merits), so he tried to arrange a shidduch in order to that he would be allowed to daven on behalf of klal Yisroel. In halacha the shadchan is certainly an obligated to receive payment for theirservices, contrary to what some believe an optional present does not suffice. The Shulchan Oruch (375.1) mentions a Gemorah in Baba Metzia Daf 101 where the concept of a “Yored” is introduced. A yored is someone who gives hanoah (a benefit) and has to be paid for that service. The Rama in Shulchan Oruch (185.6) when explaing a case of a broker that has to get paid for his servces, he mentions the shadchan as his example. However there is a difference in how the shadchan is contracted. If the shadchan suggests a shidduch on his own volition, in that his services were not requested, the payment received for providing a benefit (being that this is a service that one pays for) will be a form of a yored. However, if you requested his services explicitly, he becomes a poyel (worker) and the laws of a poyel apply, for example bal tolin (to pay your workers on the day) as it says in Choshen Mishpat (339). On the other hand, there is no requirement to pay a yored the same day. The question rises, what is the day that one has to pay shadchan, is it the day of the wedding, engagement, perhaps we have to wait to see if it works out?! If the responsibility of paying the shadchan is not that of a worker, rather, that of one that benefited you, then the time of benefit is debatable. Do we look
This is of course with the assumption that the broken engagement was on cold feet and not on something in halacha that would be a mekach taos, certain information that came to light afterwards which invalidates the initial “transaction”. One needs to ask a rov if his situation is a new factor or a mecach taos. The Aruch Hashulchan adds ( ) where one breaks the shidduch, the one who breaks it is required to pay both parties (chosson and kalla’s side). Both families are required to pay the shadchan individually. If a specific amount was discussed prior to engaging the shadchans services then obviously that would be the fee. If no amount was mentioned, we then ascertain the fee according to the minhag of the community. Sometimes a person can suggest a shidduch without any work and the shidduch worked and receives “easy money”, whilst the other works very hard and the shidduch fails with no remuneration. The Chavos Ya’ir writes that is when we apply the concept that one is paid for “amelus” hard work in Shomayim, on this world we are paid for the results. The Chazon Ish says that the most kosher gelt (special money) is the money recieved from a shidduch made LeShem Shomayim which is why many zadikim specifically use that money to purchase their Arba Minim and Matzos etc. Therefore we see that one should not feel bad receiving shadchanus money. If the shadchan is mochel the money B’Lev Sholaim which is their prerogative, one need not worry that it will effect badly on the couple. The Divrei Chaim of Sanz used to give money to every person who suggested a shidduch, even the suggestions that didn’t work (which is not a chiyuv) as he said that each suggestion is a “hava Aminah” that brings the correct shidduch closer. One time a chassid shouted out a shidduch and to his surprise no money was received, the chassid asked “Rebbe what happened to your rule of giving each suggestion a fee“ The Divrei Chaim replied, “there wasn’t even a “hava Aminah”.
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Rabbi Shraga Kallus שליט“א
Rosh Kollel Ateres Sholom, Yerushalayim
www.ateressholom.com
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