1)

(a)What joint obligation does our Mishnah place on 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 with regard to the crops that grow in the Yesomim's field?

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

(c)What about the Apotropus appointed by the Beis-Din?

(d)What does Aba Shaul say?

1)

(a)Our Mishnah obligates both a Balabos on whom the Yesomim rely to handle their affairs and an Apotropus (a guardian appointed by the Beis-Din to do so) to Ma'aser the crops that grow in the Yesomim's field.

(b)According to the Tana Kama, 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)The Apotropus appointed by the Beis-Din, on the other hand is not obligated to swear.

(d)Aba Shaul says the opposite (the latter must swear, but not the former).

2)

(a)We query our Mishnah from a Beraisa which discusses the Pasuk in Korach "Kein Tarimu Gam Atem". Which principle does the Tana learn from "Atem"?

(b)The Tana precludes Shutfin (partners) from Ma'asering their partner's portion without permission and Arisin (sharecroppers) from Ma'asering the portion of the owner. Which third person does he preclude?

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

(d)What does the Beraisa 've'Hatanya ... ' say about this?

2)

(a)We query our Mishnah from a Beraisa which discusses the Pasuk in Korach "Kein Tarimu Gam Atem". The Tana learns from "Atem" that one may only Ma'aser one's own crops, and not somebody else's.

(b)The Tana precludes Shutfin (partners) from Ma'asering their partner's portion without permission, Arisin (sharecroppers) from Ma'asering the portion of the owner and Apotropsin from Ma'asering the crops belonging to the Yesomim.

(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 who sells to earn them some money (the Beraisa).

(d)The Beraisa 've'Hatanya ... ' supports Rav Chisda answer.

3)

(a)One of the reasons the Tana forbids an Apotropus to Ma'aser the crops of the Yesomim, to sell their animals and slaves, houses and fields to put the money aside is because the money might get stolen. What is the other?

(b)What does he say about selling crops, wine, oil and flour?

(c)If the Apotropus is permitted to use their money to purchase a Sukah, a Lulav, Tzitzis, a Shofar and Sefarim on their behalf, why is he forbidden to give Tzedokoh?

(d)Is he permitted ...

1. ... to redeem captives on their behalf, or to spend their money to comfort a mourner?

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?

3)

(a)One of the reasons the Tana forbids an Apotropus to Ma'aser the crops of the Yesomim, to sell their animals and slaves, houses and fields to put the money aside is because the money might get stolen. The other is due to the sentimental value of their father's property.

(b)He issues the same ruling with regard to selling crops, wine, oil and flour.

(c)Despite the fact that he is permitted to use their money to purchase a Sukah, a Lulav, Tzitzis, a Shofar and Sefarim on their behalf, he is forbidden to give Tzedakah due to the fact that the amount is not fixed (and he could end up giving away all their money to the poor [though it is unclear why he could not be restricted to a tenth of their property]).

(d)He is ...

1. ... not permitted to redeem captives on their behalf, or to spend their money to comfort a mourner, but he is ...

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-M'nas l'Zakos' (i.e. his services are rejected, should the Beis-Din rule against the Yesomim even though he initially came to defend them).

4)

(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?

(c)What is that?

4)

(a)The Apotropus is 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, in case the latter becomes flooded (because that particular field has a bad Mazal).

(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 ...

(c)... in case the purchase turns out not to have belonged to the seller.

5)

(a)The Tana Kama forbids the Apotropus to set the Avadim free, even though this causes no loss to the Yesomim. What is the case?

(b)On what grounds does he forbid it?

(c)What would the Apotropus have to do in order to secure their freedom?

(d)On what condition is he permitted to do so?

5)

(a)The Tana Kama forbids the Apotropus to set the Avadim free, even though this causes no loss to the Yesomim in a case where someone has given the Avadim money on condition that his master has no jurisdiction over it, so that he can buy his freedom.

(b)The reason for this is because the Yesomim do not have a Kinyan ha'Guf in him (only a Kinyan Mamon).

(c)In order to secure their freedom the Apotropus would have to sell them to someone else, and he would have to set him free.

(d)He is permitted to do so as long as it for the benefit of the Yesomim (e.g. to sustain them or to purchase fields on their behalf).

6)

(a)What does Rebbi say?

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

6)

(a)Rebbi even permits the Apotropus to receive the money directly from the Eved, because it is no different than any other sale.

(b)The Tana Kama requires the Apotropus to present the Yesomim with an account of all his dealings Raban Shimon ben Gamliel considers this unnecessary.

7)

(a)Why do Beis-Din not appoint as an Apotropus ...

1. ... a woman?

2. ... an Eved?

3. ... a Katan?

(b)What if the father appointed them?

(c)What did Rebbi Meir stop a certain Apotropus from doing?

(d)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)?

(e)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?

7)

(a)Beis-Din do not appoint as an Apotropus ...

1. ... a woman because women are not generally involved in the business world.

2. ... an Eved because he is not trustworthy.

3. ... a Katan because he does not have Da'as.

(b)All three are acceptable however if the father appointed them before his death.

(c)Rebbi Meir stopped a certain Apotropus from selling fields on behalf of the Yesomim and purchasing Avadim with the proceeds.

(d)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 attach any importance to dreams.

(e)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 Satan say as he (the Satan) left town that he (Rebbi Meir) had thrown him out of his house.

8)

(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 Yosi. How did Rebbi Yosi 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 as 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?

8)

(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 Yosi. Rebbi Yosi referred to ...

1. ... his wife as his house.

2. ... his ox as his field.

(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.

(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 "v'Nasan ha'Kesef v'Kam Lo").

9)

(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, under the same circumstances, the price of wine went down, should the purchasers wish 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 Brei d'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?

9)

(a)The wine of Rabana Ukva the Yasom which purchasers acquired with Meshichah for four Zuzim per barrel rose 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 decreased the purchasers would not be able to retract, because the Rabanan gave the Yesomim the Din of Hekdesh for their benefit, but not to cause them a loss. Consequently, Meshichah acquires on their behalf whenever 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 he cannot do so, as we just explained.

2. ... down, and the Yesomim wished to retract Rav Shisha Brei d'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 allow him to do so, since people will stop selling them fruit unless they pay for their purchases immediately.

52b----------------------------------------52b

10)

(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 signed on the Shtar 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 does one sell the land of Yesomim without Achrazta?

10)

(a)If the Yesomim paid money for fruit and the price of fruit went ...

1. ... down they are permitted to retract, like by Hedyot, which does not acquire with money (and it is to their benefit).

2. ... 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.

(b)If the purchaser paid money to the Yesomim for fruit, the fruit went ...

1. ... up in price, and the Yesomim wish to retract they may (because it is to their benefit).

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.

(c)Rav Ashi and Rav Kahana signed on the Shtar of the mother of Ze'iri the Yasom, who was selling for Karga (a head-tax that is paid to the king) immediately. Otherwise one does not sell fields belonging to Yesomim without first announcing them for at least thirty days (i.e. 'Achrazta').

(d)One also sells the land of Yesomim without Achrazta 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').

11)

(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 final statement as the opinion of Rav Huna Amar Rav. What does d'bei Rebbi Shilo say?

(c)Like whom is the Halachah?

11)

(a)When the family of the Yesomim accused the Apotropus, Amram the painter, of ...

1. ... wearing the Yesomim's clothes, Rav Nachman replied that this was permitted, because it gave him an air of authority when working on their behalf.

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 informed them that if they would bring witnesses, he would depose him.

(b)Rav Nachman quoted the latter ruling as the opinion of Rav Huna Amar Rav. d'bei Rebbi Shilo maintains that one cannot depose an Apotropus.

(c)The Halachah is like Rav Huna Amar Shmuel.

12)

(a)On what grounds does the Tana Kama ...

1. ... obligate an Apotropus whom the Yesomim's father appointed, to make a Shevu'ah on the one hand?

2. ... exempt an Apotropus whom Beis-Din appointed from making one, on the other?

(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 from making one?

(c)Rav Chanan bar Ami Amar Shmuel rules like Aba Shaul. The Tana of the Beraisa however, rules like Rebbi Eliezer ben Yakov. What does he quote him as saying?

(d)Rav Tachlifa bar Ma'arava quoted a Beraisa in front of Rebbi Avahu, which conforms with 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 remuneration?

12)

(a)The Tana Kama ...

1. ... obligates an Apotropus whom the Yesomim's father appointed, to make a Shevu'ah 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 people normally shun).

2. ... exempts an Apotropus whom Beis-Din appointed, from making one because since he is merely doing them a favor, if he knows that he will have to swear, he will decline the appointment.

(b)Aba Shaul holds the reverse. He ...

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 because of the Shevu'ah.

2. ... exempts an Apotropus whom the Yesomim's father appointed, from making a Shevu'ah because he assumes that he accepts out of friendship, and is likely to retract the moment he hears that he will have to swear.

(c)Rav Chanan bar Ami Amar Shmuel rules like Aba Shaul. The Tana of the Beraisa however, rules like Rebbi Eliezer ben Yakov who rules that both Apotropsin must swear.

(d)Rav Tachlifa bar Ma'arava quoted a Beraisa in front of Rebbi Avahu which conforms with 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 that he is like a Shomer Sachar (as we explained earlier, but not that he receives remuneration).

13)

(a)Our Mishnah discusses Metamei, ha'Medamei and Menasech. What sort of damage is caused by ...

1. ... Metamei?

2. ... Medamei?

(b)What dual ruling does the Tana issue regarding all three?

13)

(a)Our Mishnah discusses Metamei, ha'Medamei and Menasech. The damage that is caused by ...

1. ... Metamei is that when Reuven renders his Shimon's Terumah, Tamei it can only be used as fuel, but may no longer be eaten).

2. ... ha'Medamei is that when he mixes his Chulin with Terumah, he forces him to sell it to Kohanim cheaply.

(b)The dual ruling issued by the Tana regarding all three is that they are Patur from paying if they damaged b'Shogeg, and Chayav, b'Mezid.

14)

(a)Rav interprets 'Menasech' literally (that he actually poured out his wine to Avodah-Zarah). What does Shmuel say?

(b)Shmuel asks on Rav that, if 'Menasech' was meant literally, he would be Patur from paying. What does he mean? On which principle is this based?

(c)We counter this by citing Rebbi Yirmeyahu. What does Rebbi Yirmeyahu 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 counter that argument?

14)

(a)Rav interprets 'Menasech' literally (that he actually poured out his wine to Avodah-Zarah). According to Shmuel it means that he mixed his Kosher wine with Yayin Nesech.

(b)Shmuel asks on Rav that, if 'Menasech' was meant literally, he would be Patur from paying due to the principle 'Kam Lei b'de'Rabah Minei' (i.e. 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 one).

(c)We counter this by citing Rebbi Yirmeyahu 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 Yirmeyahu).

(d)Rav declines to learn like Shmuel, because, if Menasech meant mixing, then it would merely be a duplication of Medamei. Shmuel counters by stressing that although they are similar, we cannot learn one type of Kenas (Menasech) from another (Medamei), and both need to be mentioned.