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12th CYCLE DEDICATION
GITIN 52 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.
If the orphans are under the care of a Ba'al ha'Bayis he may separate Ma'aser for them from the food that they are ready to eat. (1)
An Apotropos (caretaker) for orphans who was hired by the father must swear, but if he was hired by Beis Din he does not have to swear. (2)
Abba Shaul says that the opposite is true; if he was hired by Beis Din he must swear but not if he was hired by the father. (3)
R. Eliezer Ben Yakov says that he must swear whether he was appointed by the Beis Din or the father.
A partner, sharecropper or Apotropos may not separate Terumah.
An Apotropos may only sell the property of the orphans if they need the money immediately.
An Apotropos may buy for the orphans a Lulav, Aravah, Sukah, Tzitzis, Shofar, Sefer Torah, Tefilin Mezuzos and Megilah.
An Apotropos may not give money for Tzedakah or for redeeming captives or for comforting mourners from the property of the orphans.
An Apotropos may only litigate for the orphans for Zechus but not for Chov.
An Apotropos may not sell distant or bad fields in order to buy closer or better fields because maybe the fields will get ruined.
An Apotropos may not sell the fields of the orphans in order to buy servants, but he may sell servants in order to buy fields.
R. Shimon Ben Gamliel says that he also may not sell servants in order to buy fields because maybe the fields will have a lean on them.
An Apotropos may not free the servants of the orphans but they may sell them to others and the buyers may free them.
Rebbi says that the servants may buy back their freedom from the Apotropos because it is no different than a sale.
Women, servants and Ketanim may not be an Apotropos unless the father appointed them.
Rebbi Yosi holds that he may sell fields in order to buy oxen because Rebbi Yosi called his wife his house and he called his ox his field.
They property of orphans is like Hekdesh and only a Kinyan Kesef is effective (not a Kinyan Meshicah).
If someone buys fruit from orphans with a Kinyan Meshichah the orphans may back out if it goes up in price but the buyer may not back out if it goes down in price.
If orphans buy fruit with a Kinyan Meshichah they may not back out. (4)
If orphans buy fruit with a Kinyan Kesef they may back out if it goes down in price and the seller may back out if it goes up in price.
If orphans sell fruit with a Kinyan Kesef they may back out if it goes up in price and the seller may back out if it goes down in price.
The property of orphans is sold without an auction for the purpose of paying taxes, for Mezonos or for burial.
It is a Machlokes if we dismiss an Apotropos who is negligent and is causing the property of the orphans to depreciate.
Someone who is Metamei, Medameh (mixes Terumah with Chulin) or Menasech the produce of his friend b'Shogeg is Patur and b'Mezid is Chayav. (5)
It is a Machlokes if the concept of Kim Lei b'Drabah Minei applies to Menasech. (6)
A BIT MORE
1. Even though he wasn't appointed he is regarded as their Apotropos.
2. If he was hired by the father he must swear when the orphans become Gedolim that he does not have in his possession anything that belongs to the orphans. However, if he is appointed by Beis Din he does not have to swear because if we make him swear he will be reluctant to become an Apotropos. However if the father appointed him he will not be reluctant to become an Apotropos even if he has to swear because if he had not benefited from the father he never would have been appointed Apotropos in the first place.
3. Abba Shaul holds that if he was hired by the father he does not swear because if we make him swear he will be reluctant to become an Apotropos. However if the Beis Din appointed him he will not be reluctant to become an Apotropos even if he has to swear because he benefits from the fact that he will become known as a trustworthy person as a result of being appointed by the Beis Din.
4. Even though with regards to orphans only a Kinyan Kesef is effective and not a Kinyan Meshicah, however if they would be allowed to back out it would be to their detriment because nobody will want to give them fruit on credit.
5. It is a Machlokes whether Menasech means pouring wine to an Avodah Zarah or if it means mixing wine with Yayin Nesech.
6. R. Yirmeyahu holds that at the time he picks it up the wine he is Chayav to pay and the Chiyuv Misah is only at the time of the Nisuch.
MONEY FOR A MITZVAH
An Apotropos may buy for the orphans a Lulav, Aravah Sukah, Tzitzis and anything else that costs a fixed sum such as a Shofar. He may also buy for them a Sefer Torah, Tefilin, Mezuzos and anything else that costs a fixed sum such as a Megilah. Why are a Shofar and a Megilah included among everything else and not mentioned originally? The Maharam Schiff answers that it is a bigger Chidush that he may but a Shofar or Megilah because one could be Yotzei with the Shofar and Megilah of another person. Even though a person could also be Yotzei with the Sefer Torah of another person, however a Megilah is needed only once a year and a Sefer Torah is required much more frequently.
SELLING THE PROPERTY OF THE HUSBAND
Just as the Beis Din sells property of the husband who is away for the Mazon of his wife so too we sell his property for the Mazon of the sons or the daughters who are 6 years old or less. However if they are less than 6 years old we do not sell his property for their Mezonos even if he is wealthy. So too if the husband becomes insane we sell his property in order to provide Mezonos for his wife and sons and daughters who are six years old or less. (Rambam Hilchos Ishus 12:17)
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