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Gittin 5:3-4

Gittin 5:3

Payment for produce eaten, for land improvements, and to support a wife and daughters is not taken from mortgaged land in the interest of societal benefit. (These things cannot be accurately estimated in advance so one cannot be expected to put aside the exact amount that will be necessary.) One who finds a lost object need not take an oath (that he returned it), for reasons of societal benefit (because otherwise people will ignore lost objects rather than take responsibility for them).

Gittin 5:4

If orphans rely on a homeowner, or if their father appointed a guardian to take care of them, this person must tithe their produce for them. A guardian appointed by the father must take an oath (that he did not misappropriate any of their property) but a guardian appointed by the court need not take such an oath (because he is not paid and would likely refuse the responsibility if required to take an oath). Abba Shaul says the opposite is true (i.e., the father-appointed guardian takes no oath because he is acting from the goodness of the heart. The court-appointed guardian takes an oath because his reputation benefits, so an oath is no impediment to taking the job). If one person accidentally renders another person’s produce ritually unclean, mixes his terumah with regular produce or mixes his wine with prohibited wine, he is exempt from repaying; if he did so intentionally, he must pay. If kohanim unintentionally render a Temple sacrifice invalid through improper intentions, they must repay the value of the sacrifice.

Author: Rabbi Jack Abramowitz