guardian

MISHNAH: If a bull of a sane person gored the bull of a deaf-mute, insane, or underaged person, he is liable. If a bull of a deaf-mute, insane, or underaged person gored the bull of a sane person, he is not liable. If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian. If the deaf-mute became hearing, the insane normal, the underaged of age, it returns to be tame, the words of Rebbi Meïr; Rebbi Yose said, it remains in its prior state. A bull of the stadion is not to be killed since it is said: “if it gores,” not that others train it to gore.

Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”

Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”

Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”

Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, but only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit nor for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage.

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

MISHNAH: A bull belonging to a woman, a bull belonging to orphans, a bull under a guardian, a wild bull, a bull of Temple property, a bull belonging to a proselyte who died without heirs, these are subject to the death penalty. Rebbi Jehudah says that a wild bull, a bull of Temple property, a bull belonging to a proselyte who died without heirs, are not subject to the death penalty since they have no owners.

MISHNAH: If he was drawing it to lead it out but it died on the owner’s property, he is not liable. If he lifted it or had led it outside the owner’s property when it died, he is liable. If he gave it for his first-born son, to his creditor, to an unpaid guardian or a borrower, to a paid guardian or a renter, and that person was drawing it to lead it out but it died on the owner’s property, he is not liable. If he lifted it or had led it outside the owner’s property when it died, he is liable.

MISHNAH: If he was drawing it to lead it out but it died on the owner’s property, he is not liable. If he lifted it or had led it outside the owner’s property when it died, he is liable. If he gave it for his first-born son, to his creditor, to an unpaid guardian or a borrower, to a paid guardian or a renter, and that person was drawing it to lead it out but it died on the owner’s property, he is not liable. If he lifted it or had led it outside the owner’s property when it died, he is liable.

A Jew may borrow from a Gentile, and a Gentile from a Jew, and a Jew can become his guarantor without any worries about interest. If a Jew appointed a Gentile as guardian or steward, it is permitted to borrow from him on interest. But if a Gentile appointed a Jew as guardian or steward, it is prohibited to borrow from him on interest. It is forbidden to borrow on interest a Gentile’s money deposited with a Jew; it is permitted to borrow on interest a Jew’s money deposited with a Gentile. This is the principle: Anything which the Jew has to warrant is forbidden, what the Gentile has to warrant is permitted.

A Jew may borrow from a Gentile, and a Gentile from a Jew, and a Jew can become his guarantor without any worries about interest. If a Jew appointed a Gentile as guardian or steward, it is permitted to borrow from him on interest. But if a Gentile appointed a Jew as guardian or steward, it is prohibited to borrow from him on interest. It is forbidden to borrow on interest a Gentile’s money deposited with a Jew; it is permitted to borrow on interest a Jew’s money deposited with a Gentile. This is the principle: Anything which the Jew has to warrant is forbidden, what the Gentile has to warrant is permitted.

[But there is still] a contradiction between the two statements of R. Meir? R. Meir can answer you Death is of frequent occurrence, but the splitting of a wineskin is infrequent, since one might give it in charge of a guardian.