ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Gitin 52
GITIN 52 - sponsored by Hagaon Rav Yosef Pearlman of London, England, a
living demonstration of love for and adoration of the Torah.
(a) The joint obligation that a Balabos on whom the Yesomim rely to handle
their affairs and an Apotropus (a guardian appointed by the Beis-Din to do
so) share vis-a-vis the crops that grow in the Yesomim's field is - that
they are both obligated to Ma'aser them.
(b) According to the Tana Kama of our Mishnah, an Apotropus appointed by the
Yesomim's father before his death is obligated to swear - that he has
retained nothing belonging to the Yesomim.
(c) This would not be the case if he was appointed by the Beis-Din,
according to the Tana Kama. Aba Shaul says the opposite. In his opinion -
an Apotropus who is appointed by the Beis-Din has to swear, but not one who
was appointed by the Yesomim's father.
(a) We learn from the pasuk "Kein Tarimu Gam Atem" "Atem" 've'Lo Shutfim',
"Atem" 've'Lo Arisin' - and "Atem" 've'Lo Apotropsin'.
(b) The significance of the D'rashah "Atem" 've'Lo ha'Torem es she'Eino
she'Lo' which the Tana adds - is not a fourth D'rashah, but sums up the
other three, explaining what they all have in common.
(c) Rav Chisda reconciles this Beraisa with our Mishnah, which permits an
Apotropus to Ma'aser on behalf of the Yesomim - by differentiating between
an Apotropus who sells in order to sustain the Yesomim now (our Mishnah),
and one sells to earn them some money (the Beraisa).
(d) We cite the Beraisa 've'Hatanya ... ' - in support of Rav Chisda's
(a) The Tana permits an Apotropus to Ma'aser the crops of the Yesomim, to
sell their animals and slaves, houses and fields ... to sustain them with
the proceeds, but not to put the money aside - a. because the money might
get stolen; and b. due to the sentimental value of their father's property.
(b) The same distinction - pertains to selling crops, wine, oil and flour.
(c) Despite the fact that he is permitted to purchase on their behalf a
Sukah, a Lulav, Tzitzis, a Shofar and Sefarim, he may not give Tzedakah -
because the amount is not fixed (and he could end up giving away all their
money to the poor - though it is unclear why we could not restrict his
payments to a tenth or at least to a fifth).
(d) He is ...
1. ... not permitted to redeem captives on their behalf, or to spend their
money to comfort a mourner (despite the fact that both of these are
exceptionally important Mitzvos)
2. ... permitted to defend them in Beis-Din should a creditor claim from
them. What the Tana means when he forbids it 'la'Chov u'le'Zakos' - he means
'la'Chov al'Menas le'Zakos' (i.e. his services are rejected, should the
Beis-Din rule against the Yesomim even though he initially came to defend
(a) The Apotropus forbidden to sell a field belonging to the Yesomim that is
situated far away in order to purchase one that is nearer, or a poor-quality
field, to pruchase a good-quality one, in case the latter becomes flooded
(because that particular field has a bad Mazel).
(b) The Tana Kama also forbids him to sell a field in order to buy an Eved,
though he permits the reverse. Raban Shimon ben Gamliel forbids both.
(a) He would he able to set their Eved free without causing them a loss - if
a third party was willing to give the eved money on the express condition
that the Yesomim should not have any rights in it (with which he could
subsequently buy himself out.
(b) The Tana Kama does not permit the Apotropus to conclude the transaction
directly however - because he does not belong to him (to set free). In order
to secure his freedom therefore - he would have to sell him to the third
party, and let them set him free.
(c) Rebbi even permits - the Apotropus to receive the money directly from
the Eved, because it is no different to any other sale.
(d) The Tana Kama requires the Apotropus to present the Yesomim with an
account of all his dealings. Raban Shimon ben Gamliel exempts him from doing
(a) Beis-Din do not appoint as an Apotropus ...
1. ... a woman - because she does not (at least she did not used to) usually
deal in the business world.
(b) Rebbi Meir stopped a cetain Apotropus - from selling fields on behalf of
the Yesomim and purchasing Avadim with the proceeds.
2. ... an Eved - because he is not trustworthy.
3. ... a Katan - because he does not have Da'as. (All three are acceptable
however - if the father appointed them before his death.)
(c) He twice ignored a dream in which the angels pointed out to him that
they were deliberately orchestrating the actions of the Apotropus (see
Maharshal) - because he did not regard dreams as significant.
(d) Rebbi Meir ...
1. ... prevented two men from quarrelling every Erev Shabbos - by visiting
them three times in a row and making peace between them.
2. ... heard the Soton say as he (the Satan) left town - that he (Rebbi
Meir) had thrown him out of his house.
(a) Rebbi Yehoshua ben Levi did not object when a certain Apotropus sold
fields belonging to the Yesomim in order to purchase oxen, because he held
like Rebbi Yossi. Rebbi Yossi referred to ...
1. ... his wife - as his house.
(b) Rav Nachman justified to the family of Yesomim a certain old woman's
having sold the Yesomim's cow on their behalf, even though nobody had
appointed her an Apotropus - by citing our Mishnah, which legalizes
transactions performed on behalf of Yesomim by someone whom the Yesomim
actually rely upon.
2. ... his ox - as his field.
(c) When the family added that ...
1. ... the price of the ox had risen (in which case the sale had caused the
Yesomim a loss and should therefore be declared void) - he replied that the
price of the ox had risen in the possession of the purchaser, and that the
Yesomim had no further claim to it.
2. ... the Yesomim had not yet received payment for the ox - he declared the
sale void, on the basis of Rav Chanila'i bar Idi Amar Shmuel, who maintains
that Chazal gave the property of Yesomim the Din of Hekdesh (in this
regard), which can only be purchased with money (since the Torah writes in
Bechukosai "ve'Nasan ha'Kesef ve'Kam Lo").
(a) The wine of Rabana Ukva the Yasom which purchasers acquired with
Meshichah for four Zuzim per barrel - went up to six Zuzim per barrel. Rav
Nachman declared the sale void, because the purchasers had not yet paid
(like Rav Chanila'i bar Idi Amar Shmuel).
(b) If in the same case, the price of wine went down - the purchasers would
not be able to retract, because the Rabbanan gave the Yesomim the Din of
Hekdesh for their benefit, but not to cause them to lose. Consequently,
Meshichah acquires on their behalf when ever it is beneficial to them.
(c) If the Yesomim made a Kinyan Meshichah to acquire fruit, the price of
fruit went ...
1. ... up, and the seller wished to retract - they cannot do so, as we hust
2. ... down, and the Yesomim wished to retract - Rav Shisha B'rei de'Rav Idi
forbids them to do so (in spite of Rav Chanila'i bar Idi Amar Shmuel),
because in the long-term, it would be detrimental to alllow him to do so,
since people will stop selling them fruit unless they pay for their
(a) If the Yesomim paid money for fruit and the price of fruit ...
1. ... went down - they are permitted to retract, like by Hedyot, which does
not acquire with money (and it is to their benefit).
(b) If the purchaser paid money to the Yesomim for fruit, the fruit went ...
2. ... went up - the seller is not permitted to retract, because, if he
could, this would encourage guardians of the property of Yesomim to be
careless and allow the crops of Yesomim to burn, since without Meshichah,
they do not acquire it anyway.
1. ... up in price, and the Yesomim wish to retract - they may (because it
is to their benefit).
(c) Rav Ashi and Rav Kahana signed on the Sh'tar of the mother of Ze'iri the
Yasom who was selling for Karga immediately. 'Karga' is a head-tax that is
paid to the king. Otherwise, one does not sell fields belonging to Yesomim
without first announcing them for at least thirty days (i.e. 'Achrazta').
2. ... down in price, and the purchaser wishes to retract - he may (in spite
of Rav Chanila'i bar Idi Amar Shmuel), because in the long-term, it will
turn out to be to the Yesomim's disadvantage, since people will stop paying
them money for their purchases, and sometimes the Yesomim need the money.
(d) The other two cases that would justify selling the land of Yesomim
without Achrazta are - in order to purchase Mezonos with the proceeds, or to
pay for the needs of the burial of one of the members of the family (see
Tosfos DH 've'li'Kevurah').
(a) When the family of the Yesomim accused the Apotropus, Amram the painter,
1. ... wearing the Yesomim's clothes, Rav Nachman replied - that this was
permitted, because it enabled him to command authority when working on their
(b) Rav Nachman quoted this statement as the opinion of Rav Huna Amar Rav.
In fact - de'Bei Rebbi Shilo maintains that he cannot be disposed, but the
Halachah is like Rav Huna Amar Shmuel.
2. ... eating good food, even though he was poor (conveying the impression
that he was eating their food) - Rav Nachman pointed to the off-chance that
he had found a lost article of great value.
3. ... causing damage to their property - Rav Nachman asked them to bring
witnesses, and he would depose him.
(a) The Tana Kama obligates an Apotropus whom the Yesomim's father
appointed, to make a Shevu'ah. He ...
1. ... does that - because we presume the Apotropus to be paying the father
a debt of gratitude for a favor that he once performed with him. And in that
case, we do not need to worry that he will decline the appointment on
account of the Shevu'ah (which everyone naturally shunned).
(b) Aba Shaul holds the reverse. He ...
2. ... exempts an Apotropus whom Beis-Din appointed, from making a
Shevu'ah - because since he is merely doing them a favor, if he is made to
swear, he will decline the appointment.
1. ... obligates an Apotropus whom Beis-Din appointed, to make a Shevu'ah -
because the benefit that he reaps from the good name that he garners will
ensure that he does not retract just because of the Shevu'ah.
(c) Rav Chanan bar Ami Amar Shmuel rules like Aba Shaul. The Tana of the
Beraisa however, rules like Rebbi Eliezer ben Ya'akov - who rules that both
Apotropsin must make a Shevu'ah.
2. ... exempt an Apotropus whom the Yesomim's father appointed, from making
a Shevu'ah - because he is probably just demonstrating his friendship (and
not repaying a large debt of gratitude), and is not so bound to him a favor
that he will retract the moment he hears that he will have to swear.
(d) Rav Tachlifa bar Ma'arva quoted a Beraisa in front of Rebbi Avahu which
follows the opinion of the Tana Kama of our Mishnah. When the Tana of the
Beraisa writes 'Apotropus she'Mineihu Avi Yesomim Yishava Mipnei she'Hu
*Nosei Sachar*' - he means Mipnei she'Hu *ke'Nosei Sachar*' (as we explained
earlier, but not really a Nosei Sachar).
(a) The Halachah that Metamei, Medamei and Menasech all share is - that they
are Patur from paying if they damaged be'Shogeg, and Chayav, be'Meizid.
1. ... Metamei is - someone who renders his friend's Terumah, Tamei (in
which case it can only be used as fuel, but may no longer be eaten).
2. ... ha'Medamei is - someone who mixes his friend's Chulin with Terumah
(forcing him to sell it to Kohanim cheaply).
(a) Rav interprets 'Menasech' literally. According to Shmuel it means - that
he mixed his Kosher wine with Yayin Nesech.
(b) Shmuel maintains that, if 'Menasech' was literal, he would be Patur from
paying - due to the principle 'Kam Lei be'de'Rabah Minei' (since he is
Chayav Misah for the same action, he is Patur from paying, because a person
who is due to receive two punishments, only receives the more stringent
(c) We counter this by citing Rebbi Yirmiyah - who says that the two
obligations are not simultaneous, because he acquires the wine as soon as he
picks it up, but is not Chayav Misah until he actually pours it (and Rav
holds like Rebbi Yirmiyah).
(d) Rav declines to learn like Shmuel, because, if Menasech meant mixing,
then it would merely be a duplication of Medamei, which Shmuel will answer -
by stressing that although they are similar, we cannot learn one type of
K'nas (Menasech) from another (Medamei), and both need to be mentioned.