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1) THE OATH OF AN OVERSEER

(a) (Mishnah): Orphans asked Reuven to handle their affairs, or their father had appointed him to be an overseer - Reuven must tithe their fruit.
(b) An overseer appointed by their father must swear (that he did not benefit from the estate), one appointed by Beis Din need not swear;

1. Aba Sha'ul says, one appointed by their father need not swear, one appointed by Beis Din must swear.

(c) (Gemara - Contradiction - Beraisa): "You (can tithe)" - but not partners, sharecroppers, overseers, not someone that does not own the produce.
(d) Answer (Rav Chisda): An overseer can tithe produce the orphans need to eat now, he cannot tithe produce they do not need now.

1. Support (Beraisa): An overseer can tithe produce the orphans need to eat now, he cannot tithe produce they do not need now;
2. He can sell on behalf of the orphans: animals, slaves, houses, fields and vineyards only for their current needs;
3. He can sell on their behalf: produce, wine, oil, and flour only for their current needs;
4. He acquires for them the 4 species (Lulav...), a Sukah, Tzitzis, and every Mitzvah that has a limit.

i. This comes to include a shofar.

5. He buys for them a Sefer Torah, Tefilin, Mezuzos and everything that has a limit.

i. This comes to include a Megilah.

6. We do not pledge their money for Tzedakah, nor to redeem captives, nor for anything without a limit.

i. This includes (that we don't use their money for) consoling mourners.

7. Overseers may not claim for them in Beis Din for their detriment or benefit.

i. Objection: Why can't they claim for their benefit?

8. Correction: Rather, if they claimed intending to benefit the orphans, if the verdict hurts the orphans, it is invalid.
9. Overseers cannot sell lands that are far away to redeem nearby property, nor sell bad property to redeem good property.

i. Question: Why not?
ii. Answer: Perhaps the property they redeem will be flooded (and it will turn out that this was detrimental for the orphans).

10. They may not sell fields to buy slaves, but they may sell slaves to buy fields;

i. R. Shimon ben Gamliel says, they may not sell slaves to buy fields, lest the purchase will be contested.

11. They may not set slaves free, but they may sell the slaves to others who will set them free;

i. Rebbi says, the slave may pay his own value to redeem himself - this is as selling the slave to himself.

12. The overseer must make a calculation with the orphans when they grow up (and swear that he has not kept any of their money);

i. R. Shimon ben Gamliel says, he need not.

13. Beis Din does not appoint women, slaves or minors as overseers;

i. The father can appoint one of them as an overseer.

(e) An overseer in R. Meir's area was selling land to buy slaves; R. Meir did not allow this.

1. R. Meir saw in a dream that Hash-m wanted to deplete the estate. He did not change his position - we do not act based on dreams.

(f) The Satan instigated quarrels between 2 certain people every Erev Shabbos. R. Meir visited them 3 consecutive weeks on Erev Shabbos; they made peace.

1. R. Meir heard the Satan lament having been deposed from that house.

(g) An overseer in R. Yehoshua ben Levi's area was selling land to buy cattle; he did not protest, for he holds as R. Yosi.

1. (Beraisa - R. Yosi): The cornerstone of a house is the wife; the cornerstone of a field is the ox.

(a) Some orphans relied on a certain woman to conduct their affairs. She sold their cow; their relatives came before Rav Nachman.

1. Rav Nachman: The Mishnah teaches, orphans that rely on a person to handle their affairs, he is as an overseer.
2. The relatives: But the cow went up in value!
3. Rav Nachman: That is the buyer's gain.
4. The relatives: The orphans did not yet receive the money!
5. Rav Nachman: If so, Rav Chanilai bar Idi's law applies.

i. (Rav Chanilai): Orphans have the law of Hekdesh - acquisitions are done with them through money. (So the cow was not sold yet.)

(b) Ravna Ukva was an orphan. Buyers picked up his wine (or dragged it to a place fitting to acquire it) when the price was 4; the price went up to 6.

1. Rav Nachman: Rav Chanilai's law applies - since they did not give the money, the acquisition is not valid.

(c) A buyer picked up produce of orphans, and the price went up - Rav Chanilai bar Idi's law applies (and the sale is invalid).

1. If the price went down - a commoner should not have greater power than Hekdesh (i.e. the orphans, who have the law of Hekdesh. Just as one who buys from a commoner can not retract after picking up the produce, we do not allow him to retract when he buys from orphans.)

(d) An overseer picked up produce to buy it for orphans and the price went up - a commoner should not have greater power than Hekdesh (i.e. just as a commoner acquires produce by picking it up, and owes the value at that moment, we say the same on behalf of orphans).

1. If the price went down - seemingly, Rav Chanilai bar Idi's law should apply (and the sale is invalid).
2. (Rav Shisha brei d'Rav Idi): No - this would be bad for the orphans.

i. Sometimes orphans need to buy produce, but do not have money. If the law is that the sale is invalid if the price goes down, no one will sell to them!

(e) Orphans gave money to buy produce, and the price went down - a commoner should not have greater power than Hekdesh (i.e. if a commoner gave money but did not yet pick up the produce, he could retract - also the orphans may retract).

1. If the price went up - seemingly, Rav Chanilai bar Idi's law should apply (and the sale is valid).
2. (Rav Shisha brei d'Rav Idi): No - this would be bad for the orphans.

i. If the law is that the sale is valid - when fire breaks out where the produce is (in the seller's property), the seller will not exert himself to save it, since it will be the loss of the orphans (this is the reason why it was decreed that money does not acquire movable objects).

(f) A buyer paid money for produce of orphans, and the price went up - a commoner should not have greater power than Hekdesh (i.e. when buying from a commoner, one does not acquire until he picks up the produce - they same applies here).

1. If the price went down - seemingly, Rav Chanilai bar Idi's law should apply (and the sale is valid).
2. (Rav Shisha brei d'Rav Idi): No - this would be bad for the orphans.

i. Sometimes orphans need money. If the law is that the buyer cannot retract if the price goes down, no one will pay them before they give the produce!

(g) (Rav Ashi): Rav Kahana and I signed a document selling the land of an orphan to pay his head-tax, even though it was not announced that his land was being sold.

1. This is as (Chachamim of) Nehardai: For head-tax, food and burial, we sell property of orphans without announcement.

(h) Amram Tzava'ah was an overseer; the orphans' relatives came before Rav Nachman.

1. The relatives: The overseer is using their money to dress nicely!
2. Rav Nachman: This helps him argue their case well.
3. Rav Nachman: This helps him to deal on their behalf.
4. The relatives: He is eating and drinking nicely - it must be from their money, he is not wealthy!
5. Rav Nachman: Perhaps he found money.
6. The relatives: He is causing a loss to their property.
7. Rav Nachman: Bring witnesses to this effect, and I will remove him.

i. (Rav Huna): We remove an overseer that causes a loss to the property.
ii. (d'Vei R. Shilo): We do not remove him.
iii. The law is, we remove him.

(a) (Mishnah): An overseer appointed by the orphans' father must swear.
(b) Question: Why is this?
(c) Answer: Had the overseer not benefited from the father, he would not have agreed to be an overseer; he will not refuse just because he must swear.
(d) (Mishnah): An overseer appointed by Beis Din need not swear.

1. He is merely helping out Beis Din; if he would have to swear, he would refuse to be an overseer.

(e) (Mishnah): Aba Sha'ul says, the law is the opposite in both cases.
(f) Question: Why?
(g) Answer #1: An overseer appointed by Beis Din gets a reputation for reliability; he would not refrain because he must swear, so we impose an oath on him.
(h) Answer #2: An overseer appointed by the father need not swear.
(i) He is merely helping out his friend; if he would have to swear, he would refuse to be an overseer.
(j) (Rav Chanan bar Ami): The law is as Aba Sha'ul.
(k) (Beraisa - R. Eliezer ben Yakov): Both must swear; this is the law.
(l) (Rav Tachlifa bar Ma'arava): An overseer appointed by the father must swear, for he is paid.
(m) Objection (R. Avahu): He is not paid - rather, he is as one that is paid.