Related%20passage for Gittin 5:4

יְתוֹמִים שֶׁסָּמְכוּ אֵצֶל בַּעַל הַבַּיִת אוֹ שֶׁמִּנָּה לָהֶן אֲבִיהֶן אַפּוֹטְרוֹפּוֹס, חַיָּב לְעַשֵּׂר פֵּרוֹתֵיהֶן. אַפּוֹטְרוֹפּוֹס שֶׁמִּנָּהוּ אֲבִי יְתוֹמִים, יִשָּׁבֵעַ. מִנָּהוּ בֵית דִּין, לֹא יִשָּׁבֵעַ. אַבָּא שָׁאוּל אוֹמֵר, חִלּוּף הַדְּבָרִים. הַמְטַמֵּא וְהַמְדַמֵּעַ וְהַמְנַסֵּךְ בְּשׁוֹגֵג, פָּטוּר. בְּמֵזִיד, חַיָּב. הַכֹּהֲנִים שֶׁפִּגְּלוּ בַמִּקְדָּשׁ מְזִידִין, חַיָּבִין:

If orphans relied upon a householder [to conduct their affairs — even though he were not appointed an apotropos, he is deemed one ("apotropos," from the Latin: father-"pater"; children-"potos" — hence: "apotropos"-"the father of the young")], or if their father appointed an apotropos for them, he must tithe their fruits. If an apotropos were appointed by the father of the orphans, he must swear (that he did not misappropriate anything of theirs). [For if he derived no benefit, he would not be an apotropos for him, and the oath would not act as a deterrent (to his accepting the appointment)]. If beth-din appointed him, he does not swear. [For he is doing beth-din a "favor" by accepting their charge and exerting himself gratis; and if he had to swear, this would act as a deterrent.] Abba Shaul sys: "Just the opposite." [If beth-din appointed him, he must swear. For because he derived the satisfaction of gaining the reputation of an honest man, trusted by beth-din, the oath would not act as a deterrent. But if the father of the orphans appointed him, he does not swear, for he is doing him a favor by exerting himself gratis for his children, and if an oath were imposed upon him, it would act as a deterrent. The halachah is in accordance with Abba Shaul.] If one defiles [the clean produce of his neighbor] or mixes [terumah with his neighbor's chullin (mundane produce), causing him a loss by constraining him to sell it cheap to the Cohanim], or mixes [libational wine with kosher wine, so that benefit may not be derived from it] — (if he does so) unwittingly, he is not liable; if intentionally, he is liable. [By law, he should not be liable, for "Non-recognizable damage is not called 'damage,.'"; but because of "the general good," that men not go and defile their neighbor's produce under exemption from liability, (he was rendered liable).] If Cohanim invalidated in the sanctuary [offerings that they slaughtered and whose blood they sprinkled, by the thought of eating them outside of their proper time, disqualifying them (as offerings) for their owners] — (if they did so) intentionally, they are liable. [For they knew that they rendered it unfit thereby. They must reimburse the owners, who must bring other offerings. And even if it were a gift-offering, which must not be replaced, still, the owner is chagrined at his offering's not being sacrificed, for it was his desire to bring it as a gift.]

Explore related%20passage for Gittin 5:4. In-depth commentary and analysis from classical Jewish sources.