Can the Nifkad take matters in to his own hands?



In se’if 14 of the Rebbe’s Kuntres Inyono Shel Toras HaChassidus he brings the case of the nifkad not withholding the pikodon of the mafkid even though according to logic he could and should. What is the case? My chavrusa and I are very puzzled and hope a Chassidishe Rov could clarify this.



The halacha is that in certain circumstances and under certain conditions, one may “take matters in their own hands” to protect or save their money (as discussed in Shulchan Aruch C”M Siman 4). One of the examples would technically be the case discussed in the sicha (seif 10 & 14). Say a Mafkid gives something (“pikadon”) to a Nifkad for safeguarding, and the Mafkid also owes money to the Nifkad from an unrelated episode (a loan or payment, etc.), the Nifkad would be able to keep the pikadon as payback.

However many Poskim quote the Zohar which explains that although logically he could and should keep the Pikadon, it is nevertheless considered a lack of honesty/trust on the Nifkad’s side. Just as Hashem faithfully returns our neshama every morning although we may “owe” him debts (Torah & mitzvos), so should the Nifkad return a pikadon although the Mafkid owes him unrelated money. According to some, he will even violate the mitzvah of returning the pikadon.

In the sicha the Rebbe explains this according to Chassidus, that since a mitzvah is first and foremost Hashem’s will and not for a specific gain, therefore, one must keep a monetary mitzvah regardless of the monetary gain or loss involved.