(R. Yochanan): L'Chatchilah, we do not appoint an Apotropos [to represent orphans in a case] in order to obligate them, only to bring merit to them. If they obligated them, they obligated them.

(R. Yosi ben Chaninah): Both l'Chatchilah and b'Di'eved we do not appoint an Apotropos for orphans to bring merit to them or to obligate them. (If they obligated them, the verdict is invalid.)

Question (against R. Yosi ben Chaninah - Mishnah): We appoint for them an Apotropos, and testify for them in front of the Apotropos.

Answer: An ox is different. [It is essential to appoint an Apotropos], lest it go out and damage.

Question: If the ox of orphans and [it is under the supervision] of an Apotropos went out and damaged, what is the law? (Who pays for the damage?)

Answer #1 (R. Yochanan): It is [paid] from the orphans. If you will say that it is from the Apotropos, no one would ever [agree to] be an Apotropos!

Answer #2 (R. Yosi bar Chanina): It is from the Apotropos.

R. Yosi ben Chanina holds like Aba Sha'ul, and R. Yochanan holds like Rabanan;

(Mishnah): If the father of orphans appointed an Apotropos [for after he will die, the Apotropos] must swear [that he did not keep anything for himself]. If Beis Din appointed him, he does not swear, for Beis Din checks him [that he is overseeing their property properly - SEDEI YEHOSHUA];

Aba Sha'ul says oppositely. If the father of orphans appointed an Apotropos, he need not swear, for he wants to devote himself [to help the orphans, due to closeness to their father. If he must swear, he will refrain.] If Beis Din appointed him, he swears. A person is willing to give much so that he will be called trustworthy (one appointed by Beis Din gets a good reputation).

(Aba bar Rav Huna): (Our Mishnah taught that an Itztadin ox is not killed, for it is incited to gore.) This teaches that one who strikes his friend's animal with a stick, and it went and damaged, he is liable for the damage.