The Mitzvah of Mishlo'ach Manot

The verse in Megillat Esther 9:19, states that the day of Purim is a day in which
gifts are sent from one friend to another- mishlo'ach manot ish l'rei'eihu. The Gemara,
Megillah 7a, derives from the plural usage of the word manot as opposed to the singular
usage of ish l'rei'eihu, that the mitzvah of mishlo'ach manot is fulfilled by sending two
items to one person. Despite the ease of fulfilling such a mitzvah, there are numerous
responsa regarding unconventional methods of fulfilling the mitzvah of mishlo'ach
manot. The discussions surrounding these methods provide insight into the mitzvah of
mishlo'ach manot.

Two reasons behind the mitzvah of Mishlo'ach Manot

R. Moshe Sofer, Teshuvot Chatam Sofer, Orach Chaim no.196, notes that there
are two reasons presented in earlier sources regarding the mitzvah of mishlo'ach manot.
R. Yisrael Isserlin, Terumat HaDeshen no. 111, writes that the purpose of the mitzvah of
mishlo'ach manot is to provide food items for the Purim meal. He therefore rules that
one cannot fulfill the mitzvah by sending non-food items. R. Shlomo Alkabetz, Manot
HaLevi 9:19, suggests a different reason for the mitzvah of mishlo'ach manot. He posits
that the purpose of the mitzvah is to generate unity and friendship among the people of
Israel, and sending gifts to one another generates this unity. In fact, R. Alkabetz, in the
introduction to Manot Halevi, writes that he sent a copy of the book as mishlo'ach manot
to his father in-law. Ostensibly, R. Alkabetz disagrees with Terumat HaDeshen and
maintains that one can fulfill the mitzvah of mishlo'ach manot by sending non-food
items. The comments of R. Alkabetz in his introduction may be what led Chatam Sofer
to conclude that R. Alkabetz's novel reason for the mitzvah of mishlo'ach manot actually
has halachic ramifications. [See R. Chaim M. Roller, Teshuvot Be'er Chaim Mordechai,
Orach Chaim 3:3, who was asked whether one can fulfill the mitzvah of mishlo'ach
manot by sending words of Torah. R. Roller responded that according to Terumat
HaDeshen, one can only fulfill the mitzvah with food items. However, according to
Manot HaLevi, sending words of Torah would certainly fulfill the mitzvah.]
Rama, Orach Chaim 695:4, writes that if one sends mishlo'ach manot to a friend
and the receiver does not accept it, the sender nevertheless fulfills the mitzvah of
mishlo'ach manot. This ruling puzzles many authorities. After all, there is no other
mitzvah that requires one person to give an item to another person in which the giver can
fulfill the mitzvah through the receiver's refusal. Chatam Sofer explains that Rama is
following the opinion of Manot HaLevi that the purpose of mishlo'ach manot is to
generate unity. Therefore, it does not matter whether the receiver actually accepts the gift
or not. Since both parties were unified through the sender's attempt to send a gift to the
receiver, the mitzvah if fulfilled. Incidentally, Rama wrote a commentary on Megillat
Esther entitled Mechir Yayin. At the end of the commentary he writes that he sent a copy
to his father as mishlo'ach manot.

Do the food items have to be prepared?

Magen Avraham, Orach Chaim 695:11, quotes Maharil, Hilchot Purim, who rules
that one should send foods that are already cooked and not raw items. Ostensibly, Magen
Avraham is following the opinion of Terumat HaDeshen that the purpose of mishlo'ach
manot is to provide food for the Purim meal. Therefore, one can argue that the food for
the Purim meal must be ready to serve at the time in which it is sent. However, according
to the opinion of Manot HaLevi, it should make no difference whether the items are
cooked or raw, as long as one generates unity by sending the package, one can fulfill the
mitzvah even if there is no food item.
R. Yaakov Chagiz, Teshuvot Halachot Ketanot 2:163, writes that one can fulfill
the mitzvah of mishlo'ach manot by giving someone enough money to buy items for the
Purim meal. Apparently he is of the opinion that the purpose of mishlo'ach manot is to
provide food for the Purim meal. Nevertheless, he disagrees with Magen Avraham and
does not require that the items be ready to serve. R. Ovadia Yosef, Yechaveh Da'at 6:45,
suggests that the ability to fulfill the mitzvah of mishlo'ach manot by sending money is
contingent on the two reasons behind the mitzvah of mishlo'ach manot. If one assumes
that the purpose is to provide food for the Purim meal, one can entertain fulfilling the
mitzvah by sending money. However, if the purpose is to generate unity, money is not
the type of gift one would give for this purpose.

May the Mishlo'ach Manot be Personally Delivered?

R. Yaakov Etlinger, Teshuvot Binyan Tzion, no 44, notes that the Megillah refers
to this mitzvah as mishlo'ach, sending, as opposed to netinat, giving. He queries whether
there is a requirement to use a messenger in sending the mishlo'ach manot, or whether
one may deliver the mishlo'ach manot personally. He concludes that personal delivery
would satisfy both reasons for the mitzvah of mishlo'ach manot. Nevertheless, R.
Yehuda Assad, Teshuvot Yehuda Ya'aleh, Orach Chaim no. 207, notes that if the purpose
of mishlo'ach manot is to increase friendship (unity), it is preferable to use a messenger
as it unites more people together. R. Yosef C. Zonnenfeld, Salmat Chaim no. 276, writes
that one may fulfill the mitzvah either through a messenger or through personal delivery.
However, if personal delivery will provide a more enhanced form of displaying
friendship, then that is the preferred method.
Are there any limitations regarding the type of messenger that may be used?
Chatam Sofer, Gittin 22b, s.v VeHa, adds that even if there is a requirement to use a
messenger, the messenger does not assume the status as an agent of the sender. In the
classical cases of shelichut, agency, the agent acts on behalf of the sender, and therefore
must fulfill certain conditions in order to act on behalf of the sender. However, regarding
mishlo'ach manot, there is no requirement that the sender personally deliver the package.
If there is any requirement that it must be done through a messenger, that requirement
only serves to exclude personal delivery. Therefore, Chatam Sofer contends that
mishlo'ach manot "can even be delivered by a monkey." Based on the comments of
Chatam Sofer, one would certainly be able to fulfill the mitzvah of mishlo'ach manot
using express mail, or a delivery service, assuming that the package arrives on Purim.
[Regarding packages sent prior to Purim, see R. Yosef Chaim ben Eliyahu, Torah
Lishmah no. 188, who suggests that it is contingent on the reasons given by Terumat
HaDeshen and Manot HaLevi. According to Terumat HaDeshen, the purpose is to
provide food for the meal, and therefore, the only requirement is that the package is
received on Purim. According to Manot HaLevi, the purpose is to generate unity, and
both parties must be unified on Purim itself.]

Fulfilling the Mitzvah Via E-mail

Can one fulfill the mitzvah of mishlo'ach manot by sending an e-mail to a friend?
Based on the comments of Chatam Sofer, the sending of an e-mail should be no different
than using a monkey to deliver the package. Nevertheless, according to the opinion of
Magen Avraham that the food must be fully prepared before delivery, such a possibility
does not exist. However, according to R. Chagiz, since one can fulfill the mitzvah by
sending money, similarly one should be able to fulfill the mitzvah by sending an e-mail
with a gift certificate attached. The gift certificate must be redeemable for a food item
that can be used at the Purim meal. This will ostensibly fulfill the requirement according
to Terumat HaDeshen. According to R. Ovadia Yosef, the certificate would have to be a
type of certificate that one would normally send to a friend as a gift, in order to satisfy the
opinion of Manot HaLevi. A coupon redeemable in a supermarket would probably not
suffice as it does not generate unity.
Furthermore, according to Manot HaLevi, one can fulfill the mitzvah of
mishlo'ach manot by sending words of Torah. Manot Halevi himself writes that his book
is considered two manot as it contains previously published ideas as well as new ideas.
Feel free to forward this e-mail to a friend on Purim and you can potentially fulfill the
mitzvah of mishlo'ach manot!
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