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However, the concept of zicheya is not applicable when we can only assume that the individual will “probably” want the item. We apply zicheya when we are certain that the individual for whom we are acting will be pleased with the outcome. Under these circumstances we would even say that one would relinquish his rights immediately. Therefore we can say that even shelichus would work when we are certain that one would want another to act on his behalf. We can also say that zicheya works via the mechanics of shelichus, even though one is unaware at the time that someone is acting on his behalf.

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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.