Gittin 52a

גיטין נ״ב ע״א

Learn Gittin 52a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Gittin 52a in Gemara Clarity

Topic

The powers and limits of an אפוטרופוס caring for orphans, and the rule that orphans' property is like הקדש in sales.

Overview

The משנה teaches that a person caring for orphans, whether a homeowner they live with or an אפוטרופוס their father appointed, must tithe their produce. It also brings a dispute about which kind of אפוטרופוס swears when he hands the property back. The גמרא asks how a steward can tithe produce that is not his, and רב חסדא answers that he may tithe food the orphans will eat now but not produce being stored. A long ברייתא then lists a steward's limits. He may spend on מצוה items with a fixed cost but not on open-ended ones. He may not go to court in a way that risks a loss, make risky land trades, or free the orphans' slaves. Stories follow: רבי מאיר stops a steward from trading land for slaves and ignores a dream, he makes peace between two people who always fought, and רבי יהושע בן לוי allows trading land for plowing oxen. רב נחמן rules that an old woman the orphans lived with could sell their ox. He also teaches שמואל's rule that orphans' property, like הקדש, is acquired only with money. The גמרא works out how this rule applies when prices rise or fall. רב שישא insists it must never be used in a way that hurts the orphans, and his last objection continues on the next amud.

Opening lines

The steps (40)

1. StatementA caretaker of orphans must tithe their produce
2. StatementWhich steward must take an oath: a dispute
3. ChallengeA ברייתא says a steward cannot separate תרומה
4. ResolutionTithing to feed versus tithing to store
5. ProofA ברייתא supports the feeding-versus-storing distinction
6. StatementStewards may buy מצוה items that have a fixed cost
7. StatementNo open-ended spending from the orphans' money
8. StatementStewards may not go to court for the orphans
9. ChallengeWhy not go to court to gain?
10. ResolutionThe ban is on taking a loss in order to gain
11. StatementNo selling a far or poor field to buy back a near or good one
12. ResponseThe reason: the new field might be ruined
13. StatementTrading fields and slaves
14. ResponseWhy רבן שמעון בן גמליאל forbids buying fields
15. StatementA steward may not free the orphans' slaves
16. Statementרבי: the slave may buy himself free
17. StatementDoes the steward give a final accounting?
18. StatementWho may be appointed as steward
19. Statementרבי מאיר stops a steward from selling land to buy slaves
20. Statementרבי מאיר ignores a dream that seemed to disagree with him
21. Statementרבי מאיר makes peace between two people who always fought
22. StatementThe שטן complains that רבי מאיר drove him out
23. Statementרבי יהושע בן לוי allows a steward to sell land to buy oxen
24. ProofWhy: like רבי יוסי, an ox counts as part of the field
25. QuestionRelatives ask why an old woman sold the orphans' ox
26. Responseרב נחמן: someone orphans live with has a steward's authority
27. ChallengeThe relatives object: the ox went up in value
28. ResolutionIt rose in value after it already belonged to the buyer
29. ChallengeThe relatives object: the orphans never received the money
30. Responseרב נחמן agrees: orphans' property is acquired only with money
31. QuestionThe case of רבנא עוקבא's wine
32. Responseרב נחמן rules with שמואל's rule again
33. ConclusionIf the produce went up in value, שמואל's rule applies
34. ConclusionIf the produce went down in value, the buyer cannot back out
35. StatementOrphans pulled produce and the price went up
36. StatementPrice dropped: students think the orphans can back out
37. Rejectionרב שישא: that rule would hurt the orphans
38. StatementOrphans paid money and the price went down
39. StatementPrice rose after orphans paid: students think the money finalized it
40. Rejectionרב שישא begins to object again