Gittin

since the sellers would be able to say to them, Your wheat has been burnt in the storehouse.  If [purchasers] have given money to orphans for produce and [the price] rises [before delivery has been made], then we say that the layman should not be more privileged than the Sanctuary.  If [the price] falls, then the students thought that here the rule of R. Hanilai b. Idi would apply,  but R. Shisha the son of R. Idi said to them, This might be detrimental to them, for they might sometimes want money, and no-one would give them before they delivered the produce. R. Ashi said: I and R. Kahana signed as witnesses to the deed of sale of the mother of the orphan Ze'ira, who sold some land in order to pay the poll tax without giving public notice.  For the Nehardeans have ruled that to raise money for the poll tax, for food and for burial, land may be sold without public notice. Amram the dyer was the guardian of [some] orphans. The relatives came to R. Nahman and complained that he was [buying] clothes  for himself from the property of the orphans. He said: [He dresses so] in order to command more respect.  [But, they said,] he eats and drinks out of their [money], as he is not a man of means. I would suggest, [he replied], that he had a valuable find. [But, they said,] he is spoiling [their property].  He said: Bring evidence that he is spoiling it and I will remove him. For R. Huna our colleague said in the name of Rab: If a guardian spoils the orphans' property we remove him. For it has been stated: 'If a guardian spoils the property, R. Huna says in the name of Rab that we remove him, while the School of R. Shilah say that we do not remove him.' The law, however, is that we remove him. A GUARDIAN WHO WAS APPOINTED BY THE FATHER OF THE ORPHANS IS REQUIRED TO TAKE AN OATH. What is the reason? — If he were not to derive some benefit from this, he would not become a guardian, and he will not be deterred by the requirement of an oath, IF, HOWEVER, THE BETH DIN APPOINTED HIM HE IS NOT REQUIRED TO TAKE AN OATH. [The reason is that] he assumes the office only to oblige the Beth din, and if an oath is to be imposed on him he would refuse. ABBA SAUL SAYS THAT THE RULE IS THE REVERSE. What is the reason? — If the Beth din appoint him he is to take an oath, because for the sake of the benefit he derives from the reputation of being a trustworthy man on whom the Beth din relies he is not deterred by [the prospect of] an oath. [If, however,] the father of the orphans appoints him, he does not take an oath, as it was simply a friendly action between the two, and if you impose an oath on him he would refuse. R. Hanan b. Ammi said in the name of Samuel: The law follows Abba Saul. It has been taught: R. Eliezer b. Jacob says that both should take an oath, and so is the halachah.  R. Tahalifa the Palestinian  stated in the presence of R. Abbahu: A guardian who was appointed by the father of the orphans is required to take an oath, because he receives a fee. The Rabbi said to him: You have brought a kab and measured it out for him?  Rather say, 'because he is like one who receives a fee'. MISHNAH. ONE WHO RENDERS UNCLEAN [ANOTHER'S FOODSTUFFS]  OR MIXES [TERUMAH WITH THEM]  OR MAKES A LIBATION [WITH HIS WINE],  IF HE DOES SO INADVERTENTLY, IS FREE FROM LIABILITY, BUT IF DELIBERATELY IS LIABLE [TO COMPENSATE HIM]. GEMARA. It has been stated: [With regard to the expression] 'MAKES A LIBATION', Rab says that it means literally making a libation  [to a heathen deity], while Samuel says that it means only mixing [Jewish with heathen wine].  Why did the one who says it means mixing not accept the view that it means making a libation? — He will tell you the latter offence involves a heavier penalty.  What does the other say [to this]? — Even as R. Jeremiah. For R. Jeremiah said that he [a robber] acquires possession from the moment he lifts the wine from the ground, whereas he does not become liable to capital punishment until he actually pours out the wine.  Why does the one who says that it means making a libation not accept the view that it means mixing? — He will tell you, mixing wine