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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) What joint obligation do 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?

(b) According to the Tana Kama of our Mishnah, an Apotropus appointed by the Yesomim's father before his death is obligated to swear.
What does he swear?

(c) This would not be the case if he was appointed by the Beis-Din, according to the Tana Kama.
What does Aba Shaul say?

(a) We learn from the Pasuk in Korach "Kein Tarimu Gam Atem" "Atem" 've'Lo Shutfin' and "Atem" 've'Lo Arisin'.
What third Limud do we learn from "Atem"?

(b) What is the significance of the D'rashah "Atem" 've'Lo ha'Torem es she'Eino she'Lo' which the Tana adds? Is it a fourth Limud?

(c) How does Rav Chisda reconcile this Beraisa with our Mishnah, which permits an Apotropus to Ma'aser on behalf of the Yesomim?

(d) Do we cite the Beraisa 've'Hatanya ... ' to query Rav Chisda or in support of his answer?

(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.
Why is that?

(b) Will the same distinction pertain with regard to selling crops, wine, oil and flour?

(c) Why is it that, whereas he is permitted to purchase from their money (on their behalf), a Sukah, a Lulav, Tzitzis, a Shofar and Sefarim ... , he may not give Tzedokoh on their behalf?

(d) Is he permitted ...

  1. ... to redeem captives on their behalf, or to spend their money to comfort a mourner (both exceptionally important Mitzvos)?
  2. ... to defend them in Beis-Din should a creditor claim from them, to absolve them from having to pay? What then, does the Tana mean when he forbids it 'la'Chov u'le'Zakos?
(a) Why is 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 purchase a good-quality one?

(b) The Tana Kama also forbids him to sell a field in order to buy an Eved, though he permits the reverse.
What does Raban Shimon ben Gamliel say? Why is that?

(a) How would the Apotropus be able to set the Yesomim's Eved free without causing them a loss?

(b) Why does the Tana Kama not permit the Apotropus to conclude the transaction directly? What would he have to dos in order to secure his freedom?

(c) What does Rebbi say?

(d) The Tana Kama requires the Apotropus to present the Yesomim with an account of all his dealings.
What does Raban Shimon ben Gamliel say?

(a) Why do Beis-Din not appoint as an Apotropus ...
  1. ... a woman?
  2. ... an Eved?
  3. ... a Katan? Under which circumstances are all of these acceptable?
(b) What did Rebbi Meir stop a certain Apotropus from doing?

(c) Why did he twice ignore a dream in which the angels pointed out to him that they were deliberately orchestrating the actions of the Apotropus (see Maharshal)?

(d) What did Rebbi Meir ...

  1. ... do to prevent two men from quarreling every Erev Shabbos?
  2. ... hear the Satan say as he (the Satan) left town?
(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.
How did Rebbi Yossi refer to ...
  1. ... his wife?
  2. ... his ox?
(b) On what basis did Rav Nachman justify 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?

(c) What did he answer 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)?
  2. ... the Yesomim had not yet received payment for the ox? What did Rav Chanila'i bar Idi Amar Shmuel say?
(a) What happened to the wine of Rabana Ukva the Yasom which purchasers acquired with Meshichah for four Zuzim per barrel? What did Rav Nachman rule?

(b) What would be the Din if, in the same case if the price of wine went down? Would the purchasers be able to retract?

(c) What will be the Din if the Yesomim made a Kinyan Meshichah to acquire fruit, the price of fruit went ...

  1. ... up, and the seller wished to retract?
  2. ... down, and the Yesomim wished to retract? Why does Rav Shisha B'rei de'Rav Idi differentiate between the case above where the Yesomim sold their fruit with only a Kinyan Meshichah, and this case, where they are purchasing fruit?
Answers to questions



(a) If the Yesomim paid money for fruit, what will be the Din if the price of fruit ...
  1. ... went down? May they retract?
  2. ... went up? May the seller retract?
(b) What will be the Din if the purchaser paid money to the Yesomim for fruit, the fruit went ...
  1. ... up in price, and the Yesomim wish to retract?
  2. ... down in price, and the purchaser wishes to retract?
(c) Rav Ashi and Rav Kahana sign on the Sh'tar of the mother of Ze'iri the Yasom who was selling for Karga immediately.
What is 'Karga'? What would have been the regular procedure? What is 'Achrazta'?

(d) In which other two cases would one sell the land of Yesomim without Achrazta?

(a) What did Rav Nachman reply to the family of the Yesomim, when they accused the Apotropus, Amram the painter, of ...
  1. ... wearing the Yesomim's clothes?
  2. ... eating good food, even though he was poor (conveying the impression that he was eating the Yesomim's food)?
  3. ... causing damage to their property?
(b) Rav Nachman quoted this statement as the opinion of Rav Huna Amar Rav. Is it unanimous?
(a) The Tana Kama obligates an Apotropus whom the Yesomim's father appointed, to make a Shevu'ah. Why does he ...
  1. ... do that?
  2. ... exempt an Apotropus whom Beis-Din appointed to make a Shevu'ah?
(b) Aba Shaul holds the reverse.
Why does he ...
  1. ... obligate an Apotropus whom Beis-Din appointed, to make a Shevu'ah?
  2. ... exempt an Apotropus whom the Yesomim's father appointed, to make a Shevu'ah?
(c) Rav Chanan bar Ami Amar Shmuel rules like Aba Shaul. The Tana of the Beraisa however, rules like Rebsbi Eliezer ben Ya'akov.
What does he quote him as saying?

(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.
What does the Tana mean when he writes 'Apotropus she'Mineihu Avi Yesomim Yishava Mipnei she'Hu Nosei Sachar'? Who said that it speaks when he receives reward?

(a) What Halachah do Metamei, ha'Medamei ha'Menasech all share?

(b) What is ...

  1. ... Metamei?
  2. ... Medamei?
(a) Rav interprets 'Menasech' literally.
What does Shmuel say?

(b) Shmuel maintains that, if 'Menasech' was literal, he would be Patur from paying.
Why is that?

(c) We counter this by citing Rebbi Yirmiyah.
What does Rebbi Yirmiyah say that will resolve Shmuel's Kashya on Rav?

(d) Rav declines to learn like Shmuel, because, if Menasech meant mixing, then it would merely be a duplication of Medamei.
How does Shmuel deal with that point?

Answers to questions

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