brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
The Amora'im disagree about whether a Shali'ach who sells the property of the orphans has the status of a widow or of Beis Din. (1)
If a Shali'ach is instructed to separate Terumah, he should separate the amount that the owner would want to separate.
If the Shali'ach does not know how much the owner wants to separate for his Terumah, he should separate 1/50th.
If the Shali'ach separates 10% more or 10% less than 1/50th, the Terumah is valid.
Rav Nachman: The Halachah is like the Chachamim who maintain that if the Beis Din undersells the property of the orphans for a sixth, the sale is void.
If orphans who are Ketanim want to divide their inheritance, Beis Din appoints caretakers who choose portions for each one of them.
Shmuel: When the orphans become Gedolim, they may protest the portion which their caretakers chose for them. (2)
Rav Nachman: The orphans may not protest the portion that they received, because it would undermine the authority of Beis Din. (3)
If a judge errs in judgment regarding an explicit Mishnah, the Din is overturned. (4)
When a widow or the Beis Din sells the property of the orphans and the property is taken from the buyers (such as by a creditor), the orphans are responsible.
If Beis Din undersells a property by more than half, even Raban Shimon ben Gamliel agrees that the sale is void.
If Beis Din sells a property without first announcing it, it is considered a mistake regarding an explicit Mishnah and the Din is overturned.
When Beis Din sells the property of the orphans, they must auction it for thirty days.
When the Gizbar sells the property of Hekdesh, he must auction it for sixty days.
When Beis Din auctions a property, even if they sell a field worth 100 for 200, or a field worth 200 for 100, the sale is valid.
Beis Din does not auction servants, Metaltelin, and Shtaros. (5)
The property of orphans is sold without an auction for the purpose of paying taxes or Mezonos, or for the expenses of burial.
The Metaltelin of orphans are evaluated and sold immediately. (6)
If the orphans live near the marketplace, their Metaltelin are evaluated and sold at the time of the market.
A Mema'enes, Sheniyah, and Ailonis do not receive the Kesuvah or the Tenai Kesuvah.
A woman who is prohibited with an Isur Lav receives a Kesuvah.
Rav: A Ketanah who is given a Get does not receive a Kesuvah.
Shmuel: A Ketanah who is given a Get receives a Kesuvah and becomes Pesulah to the man's relatives and to a Kohen.
A BIT MORE
1. If he has the status of Beis Din, his sale is void only if he undersells it by a sixth, but if he has the status of a widow his sale is void if he undersells by even a small amount.
2. Even if they received a fair portion, they may protest the location of the field that they received.
3. However, Rav Nachman agrees that if Beis Din makes a mistake, such as underselling a property, we are not concerned about undermining the authority of Beis Din.
4. However, if the judge makes a mistake about something that depends on logical thought, the Din is not overturned. Rather, the judge must compensate the litigant from his own funds.
5. Servants are not auctioned so as not to give them the opportunity to run away. Metaltelin and Shtaros are not auctioned so that they will not be stolen.
6. This is done in order to prevent them from decaying and losing value.
THE STATUS OF A SHALI'ACH
The Gemara questions the opinion that a Shali'ach has the status of a widow from the Mishnah that states that if the Shali'ach separates 10% more or 10% less than 1/50th, the Terumah is valid. The Nesivos asks that this Mishnah is a question even on the opinion that a Shali'ach has the status of Beis Din, because even when a Beis Din undersells by a sixth the sale is void, while the case of Terumah is more than a sixth. The Nesivos answers that Terumah is different because it is normal to make a mistake in the separation of Terumah. Therefore, the separation of the Terumah is valid even if there is a mistake that is more than a sixth. However, it is a question on the opinion that a Shali'ach has the status of a widow, because that opinion says that even a minuscule mistake voids the sale, and a minuscule mistake is a usual mistake. (Sefer Beis Yakov)
When Beis Din sells the property of orphans, they first evaluate the Karka and then they auction it off for thirty consecutive days. If they auction it off only on Mondays and Thursdays, it must be auctioned off for sixty days. (Shulchan Aruch CM 109:1)
The publicity generated with an auction on Mondays and Thursdays for sixty days is the same as an auction for thirty consecutive days. (S'ma)
Next Daf Index to Revach for Maseches Kesuvos