Gittin 52b
גיטין נ״ב ע״ב
Learn Gittin 52b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Gittin 52b in Gemara Clarity
Topic
Laws of orphans' property and their stewards (sales, removal, and oaths), and a new משנה on causing hidden damage to another's food or wine.
Overview
The amud opens by finishing a reason from the previous page: if money alone finalized a sale, a paid seller could just say 'your wheat burned in the attic.' The גמרא then discusses buyers who paid orphans for produce, and רב שישא בריה דרב אידי explains why a special rule for orphans would actually hurt them. רב אשי reports a sale of an orphan's land without a public announcement, which is allowed for head tax, food, and burial. A story follows about עמרם צבעא, a steward whom the relatives accused before רב נחמן. The הלכה is that a steward is removed only if witnesses show he is causing loss. Next the גמרא explains the משנה's dispute about which steward must swear. The first opinion says the steward appointed by the father, אבא שאול says the one appointed by בית דין, and רבי אליעזר בן יעקב says both. A new משנה then teaches about one who makes another's food טמא, mixes in תרומה, or pours wine to an idol. רב and שמואל argue about what 'pouring' means, and רב's full reason continues on the next amud.
Opening lines
דְּאָתוּ לְמֵימַר לְהוּ:
For they will come to say to them:
נִשְׂרְפוּ חִיטֵּיכֶם בַּעֲלִיָּיה.
Your wheat was burned in the upper story.
יָהֲבִי לְהוּ זוּזֵי לְיַתְמֵי אַפֵּירֵי;
If they gave money to the orphans for produce;
אִיַּיקַּר –
if it went up in price –
The steps (33)
- ResolutionThe danger: 'Your wheat burned in the attic'
- StatementBuyers paid orphans for produce and the price went up
- StatementPrice went down: the students link it to רב חנילאי בר אידי
- Rejectionרב שישא: such a rule would hurt the orphans
- Statementרב אשי signed a sale made without an announcement
- ProofThe source: the rule of the נהרדעי
- ChallengeRelatives complain that the steward dresses from the orphans' money
- ResolutionNice clothes help him manage the property
- ChallengeHe eats and drinks well but is not rich
- ResolutionMaybe he found something valuable
- ChallengeBut he is causing the orphans loss
- ResolutionBring witnesses and he will be removed
- ProofThe rule about removing a steward is a dispute
- ConclusionFinal ruling: we remove him
- QuestionWhy does a steward appointed by the father swear?
- ResponseHe benefited from the father, so an oath will not scare him off
- StatementA steward appointed by בית דין does not swear
- Statementאבא שאול reverses the rule
- QuestionWhy does a court-appointed steward swear?
- ResponseHe gains a good reputation, so an oath won't stop him
- StatementWhy a father-appointed steward does not swear
- Conclusionשמואל rules like אבא שאול
- Statementרבי אליעזר בן יעקב: both stewards swear
- StatementA teaching: the father's steward swears because he is paid
- Challengeרבי אבהו: How do you know he was paid?
- ResolutionCorrect the wording: he is like someone who is paid
- StatementThe משנה: Ruining food or wine in ways you cannot see
- StatementWhat does 'pours' mean? רב and שמואל disagree
- QuestionWhy doesn't שמואל explain it as real pouring?
- Responseשמואל's reason: the bigger punishment cancels the payment
- Resolutionרב's answer: the payment starts before the death penalty
- QuestionWhy doesn't רב explain it as mixing?
- Responseרב's answer begins: about mixing