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". 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. 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)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 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)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)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. 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)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.

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)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)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. 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). 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.