guardians

And over all the righteous and holy He will appoint guardians from amongst the holy angels To guard them as the apple of an eye, Until He makes an end of all wickedness and all sin, And though the righteous sleep a long sleep, they have nought to fear.

ON the third day I commanded the earth to make grow great and fruitful trees, and hills, and seed to sow, and I planted Paradise, and enclosed it, and placed as armed guardians flaming angels, and thus I created renewal.

And I investigated all things, and wrote the road of the thunder and of the lightning, and they showed me the keys and their guardians, their rise, the way they go; it is let out in measure (sc. gently) by a chain, lest by a heavy chain and violence it hurl down the angry clouds and destroy all things on earth.

For ye are the guardians of the Law of God, and the guides of the commandment of the God of Israel, and the men of the house of God, and the guardians of Zion, the Tabernacle of the Law of God, and we do not wish to transgress your commandments, for ye shall be unto us a guide to the path of God away from all evil.

For ye are the guardians of the Law of God, and the guides of the commandment of the God of Israel, and the men of the house of God, and the guardians of Zion, the Tabernacle of the Law of God, and we do not wish to transgress your commandments, for ye shall be unto us a guide to the path of God away from all evil.

There was a man that was a Ziphite, of the city of Maon, who was rich, and had a vast number of cattle; for he fed a flock of three thousand sheep, and another flock of a thousand goats. Now David had charged his associates to keep these flocks without hurt and without damage, and to do them no mischief, neither out of covetousness, nor because they were in want, nor because they were in the wilderness, and so could not easily be discovered, but to esteem freedom from injustice above all other motives, and to look upon the touching of what belonged to another man as a horrible crime, and contrary to the will of God. These were the instructions he gave, thinking that the favors he granted this man were granted to a good man, and one that deserved to have such care taken of his affairs. This man was Nabal, for that was his name,—a harsh man, and of a very wicked life, being like a cynic in the course of his behavior, but still had obtained for his wife a woman of a good character, wise and handsome. To this Nabal, therefore, David sent ten men of his attendants at the time when he sheared his sheep, and by them saluted him; and also wished he might do what he now did for many years to come, but desired him to make him a present of what he was able to give him, since he had, to be sure, learned from his shepherds that we had done them no injury, but had been their guardians a long time together, while we continued in the wilderness; and he assured him he should never repent of giving any thing to David. When the messengers had carried this message to Nabal, he accosted them after an inhuman and rough manner; for he asked them who David was? and when he heard that he was the son of Jesse, he said, "Now is the time that fugitives grow insolent, and make a figure, and leave their masters." When they told David this, he was wroth, and commanded four hundred armed men to follow him, and left two hundred to take care of the stuff, [for he had already six hundred, 24] and went against Nabal: he also swore that he would that night utterly destroy the whole house and possessions of Nabal; for that he was grieved, not only that he had proved ungrateful to them, without making any return for the humanity they had shown him, but that he had also reproached them, and used ill language to them, when he had received no cause of disgust from them.

And these were the contents of this epistle. He also published a decree through all his kingdom in honor of the temple, which contained what follows: "It shall be lawful for no foreigner to come within the limits of the temple round about; which thing is forbidden also to the Jews, unless to those who, according to their own custom, have purified themselves. Nor let any flesh of horses, or of mules, or of asses, he brought into the city, whether they be wild or tame; nor that of leopards, or foxes, or hares; and, in general, that of any animal which is forbidden for the Jews to eat. Nor let their skins be brought into it; nor let any such animal be bred up in the city. Let them only be permitted to use the sacrifices derived from their forefathers, with which they have been obliged to make acceptable atonements to God. And he that transgresseth any of these orders, let him pay to the priests three thousand drachmae of silver." Moreover, this Antiochus bare testimony to our piety and fidelity, in an epistle of his, written when he was informed of a sedition in Phrygia and Lydia, at which time he was in the superior provinces, wherein he commanded Zenxis, the general of his forces, and his most intimate friend, to send some of our nation out of Babylon into Phrygia. The epistle was this: King Antiochus To Zeuxis His Father, Sendeth Greeting. "If you are in health, it is well. I also am in health. Having been informed that a sedition is arisen in Lydia and Phrygia, I thought that matter required great care; and upon advising with my friends what was fit to be done, it hath been thought proper to remove two thousand families of Jews, with their effects, out of Mesopotamia and Babylon, unto the castles and places that lie most convenient; for I am persuaded that they will be well-disposed guardians of our possessions, because of their piety towards God, and because I know that my predecessors have borne witness to them, that they are faithful, and with alacrity do what they are desired to do. I will, therefore, though it be a laborious work, that thou remove these Jews, under a promise, that they shall be permitted to use their own laws. And when thou shalt have brought them to the places forementioned, thou shalt give everyone of their families a place for building their houses, and a portion of the land for their husbandry, and for the plantation of their vines; and thou shalt discharge them from paying taxes of the fruits of the earth for ten years; and let them have a proper quantity of wheat for the maintenance of their servants, until they receive bread corn out of the earth; also let a sufficient share be given to such as minister to them in the necessaries of life, that by enjoying the effects of our humanity, they may show themselves the more willing and ready about our affairs. Take care likewise of that nation, as far as thou art able, that they may not have any disturbance given them by any one." Now these testimonials which I have produced are sufficient to declare the friendship that Antiochus the Great bare to the Jews.

Now when Gabinius was making an expedition against the Parthians, and had already passed over Euphrates, he changed his mind, and resolved to return into Egypt, in order to restore Ptolemy to his kingdom. This hath also been related elsewhere. However, Antipater supplied his army, which he sent against Archelaus, with corn, and weapons, and money. He also made those Jews who were above Pelusium his friends and confederates, and had been the guardians of the passes that led into Egypt. But when he came back out of Egypt, he found Syria in disorder, with seditions and troubles; for Alexander, the son of Aristobulus, having seized on the government a second time by force, made many of the Jews revolt to him; and so he marched over the country with a great army, and slew all the Romans he could light upon, and proceeded to besiege the mountain called Gerizzim, whither they had retreated.

He next proceeds further to object against himself what is said on behalf of man, viz. that the irrational animals were created on his account, saying: “If one were to call us the lords of the animal creation because we hunt the other animals and live upon their flesh, we would say, Why were not we rather created on their account, since they hunt and devour us? Nay, we require nets and weapons, and the assistance of many persons, along with dogs, when engaged in the chase; while they are immediately and spontaneously provided by nature with weapons which easily bring us under their power.” And here we may observe, that the gift of understanding has been bestowed upon us as a mighty aid, far superior to any weapon which wild beasts may seem to possess. We, indeed, who are far weaker in bodily strength than the beasts, and shorter in stature than some of them, yet by means of our understanding obtain the mastery, and capture the huge elephants. We subdue by our gentle treatment those animals whose nature it is to be tamed, while with those whose nature is different, or which do not appear likely to be of use to us when tamed, we take such precautionary measures, that when we desire it, we keep such wild beasts shut up; and when we need the flesh of their bodies for food, we slaughter them, as we do those beasts which are not of a savage nature. The Creator, then, has constituted all things the servants of the rational being and of his natural understanding. For some purposes we require dogs, say as guardians of our sheep-folds, or of our cattle-yards, or goat-pastures, or of our dwellings; and for other purposes we need oxen, as for agriculture; and for others, again, we make use of those which bear the yoke, or beasts of burden. And so it may be said that the race of lions, and bears, and leopards, and wild boars, and such like, has been given to us in order to call into exercise the elements of the manly character that exists within us.

Celsus afterwards states what is adduced by Jews and Christians alike in defence of abstinence from idol sacrifices, namely, that it is wrong for those who have dedicated themselves to the Most High God to eat with demons. What he brings forward against this view, we have already seen. In our opinion, a man can only be said to eat and drink with demons when he eats the flesh of what are called sacred victims, and when he drinks the wine poured out to the honour of the demons. But Celsus thinks that we cannot eat bread or drink wine in any way whatever, or taste fruits, or even take a draught of water, without eating and drinking with demons. He adds also, that the air which we breathe is received from demons, and that not an animal can breathe without receiving the air from the demons who are set over the air. If any one wishes to defend this statement of Celsus, let him show that it is not the divine angels of God, but demons, the whole race of whom are bad, that have been appointed to communicate all those blessings which have been mentioned. We indeed also maintain with regard not only to the fruits of the earth, but to every flowing stream and every breath of air, that the ground brings forth those things which are said to grow up naturally,—that the water springs in fountains, and refreshes the earth with running streams,—that the air is kept pure, and supports the life of those who breathe it only in consequence of the agency and control of certain beings whom we may call invisible husbandmen and guardians; but we deny that those invisible agents are demons. And if we might speak boldly, we would say that if demons have any share at all in these things, to them belong famine, blasting of the vine and fruit trees, pestilence among men and beasts: all these are the proper occupations of demons, who in the capacity of public executioners receive power at certain times to carry out the divine judgments, for the restoration of those who have plunged headlong into wickedness, or for the trial and discipline of the souls of the wise. For those who through all their afflictions preserve their piety pure and unimpaired, show their true character to all spectators, whether visible or invisible, who behold them; while those who are otherwise minded, yet conceal their wickedness, when they have their true character exposed by misfortunes, become manifest to themselves as well as to those whom we may also call spectators.

A wife, when she is in her husband’s home, and her husband slaughtered on her behalf and her father slaughtered on her behalf, she must eat of her husband's. If she went to spend the first festival in her father's home, and her father slaughtered on her behalf and her husband slaughtered on her behalf, she may eat wherever she pleases. An orphan on whose behalf his guardians slaughtered may eat wherever he pleases. A slave of two partners may not eat of either. He who is half slave and half free may not eat of his master's.

If a man left money in his fellow’s keeping and his fellow bound it up and hung it over his back, or delivered it to his son or his daughter who were minors, or locked it up improperly, he is liable since he did not guard in the way of guardians. If he guarded it in the way of guardians he is exempt.

If a man left money in his fellow’s keeping and his fellow bound it up and hung it over his back, or delivered it to his son or his daughter who were minors, or locked it up improperly, he is liable since he did not guard in the way of guardians. If he guarded it in the way of guardians he is exempt.

All craftsmen are accounted paid guardians. But all that have said, “Take what is yours and give me the money”, are accounted unpaid guardians. If one man said to another, “Guard that for me and I will guard this for you”, he is accounted a paid guardian. If one said, “Guard this for me”, and the other said “Put it down in front of me”, he is accounted an unpaid guardian.

All craftsmen are accounted paid guardians. But all that have said, “Take what is yours and give me the money”, are accounted unpaid guardians. If one man said to another, “Guard that for me and I will guard this for you”, he is accounted a paid guardian. If one said, “Guard this for me”, and the other said “Put it down in front of me”, he is accounted an unpaid guardian.

Those that guard [gathered] produce may eat from it because that is the custom of the land and not because that is the law of the Torah. There are four kinds of guardians: an unpaid guardian, a borrower, a paid guardian and a hirer. An unpaid guardian may take an oath [that he had not been neglectful] in every case [of loss or damage and be free of liability]. A borrower must make restitution in every case. A paid guardian or a hirer may take an oath if the beast was injured, or taken captive or dead, but he must make restitution if it was lost or stolen.

An act of possession without which there is no claim [on the ownership of the property] is not valid possession [to establish ownership]. How is this so? If he said to him: “What are you doing on my property? And the other answered: “No one ever said anything to me”, this is not valid possession [to establish ownership]. [If he said to him]: “You sold it to me”, “You gave it to me as a gift”, “Your father sold it to me”, “Your father gave it to me as a gift”, this is valid possession [to establish ownership]. He who holds possession [for three years] due to inheritance [from the previous owner], does not need to make a claim. Craftsmen, partners, sharecroppers and guardians cannot establish ownership through possession. A man cannot establish ownership through possession of his wife’s property, nor may a wife establish ownership through possession of her husband’s property, nor a father of his son’s property, nor a son of his father’s property. When is this so [that one needs three years to establish ownership]? When the person attempts to acquire the land through possession. But, when the property was given as a gift, or when brothers shared a piece of their inheritance, or when one claimed title by possession to the property of a convert [who died without inheritors], then if the claimant has shut in, walled up or broken down anything, this counts as securing ownership through possession.

And these take an oath though there is no [definite] claim: partners, tenants, guardians, the wife who transacts the affairs in the house, and the son of the house. [If] he said to him, “What do you claim of me?”, [and the other replied,] “I want you to swear to me”, he must take an oath. If the partners or tenants had divided, he cannot impose an oath upon them. If an oath was imposed upon him in another case, they impose upon him the whole. And the seventh year cancels the oath.

There are four kinds of guardians: an unpaid guardian, a borrower, a paid guardian and a hirer. An unpaid guardian may take an oath [that he had not been neglectful] in every case [of loss or damage and be free of liability]. A borrower must make restitution in every case. A paid guardian or a hirer may take an oath if the beast was injured, or taken captive or dead, but he must make restitution if it was lost or stolen.

MISHNAH: A predated prozbol is valid, postdated it is invalid. Predated documents of indebtedness are invalid, postdated they are valid. If one person borrows from five, one writes a prozbol for each single [creditor]. If five persons borrow from one, he writes only one prozbol for all of them. One writes prozbol only on the basis of real estate. If he has none, [the other party] gives him the right to a minute area of their field. If he had a field mortgaged in town, one writes a prozbol on it. Rebbi Ḥuẓpit says, one writes for a man on his wife’s properties and for orphans on those of the guardians. A bee hive. Rebbi Eliezer says, it is like real estate: one may write a prozbol on it, it is not subject to impurity in its place, and somebody who takes honey from it on the Sabbath is guilty. But the Sages say, it is not like real estate, one may not write a prozbol on it, it is subject to impurity in its place, and somebody who takes honey from it on the Sabbath is not sanctionable. If somebody returns a debt in the Sabbatical, he [the lender] says to him: “I am remitting.” If he [the borrower] says “anyway”, he [the lender] should accept it, for it is said (Deut. 15:2): “This is the word of remission”. Similarly, a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them: I am a homicide. If they tell him, anyway, he should accept it, for it is said (Deut. 19:4): “This is the word of a homicide.”

Rav said, only if both lender and borrower have real estate. But Rebbi Joḥanan says, if the creditor does but not the borrower, or the borrower but not the lender. If he has no real estate but one who owes him has real estate then one writes him a prozbol. Rebbi Abba in the name of Rav: Even if he has only one stalk in a field, one writes him a prozbol. But did we not state: Partners, sharecroppers, and guardians have no prozbol? They say, there each single stalk is property of the partnership but here it is his.

May one write for a guardian based on the orphans’ real estate? Let us hear it from the following: “One writes for a husband on his wife’s properties”. May one write for a woman on her husband’s properties? Let us hear it from the following: “And for orphans on those of the guardians”.

(Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You’ excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell movables to feed them but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

(Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You’ excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell movables to feed them but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

HALAKHAH: : “The following bring but do not make the declaration”. Rebbi Jonah and Rebbi Yose, both in the name of Rebbi Samuel bar Rav Isaac: The Mishnah speaks of a proselyte of the descendants of the Qenite, the relative of Moses by marriage, since the descendants of the Qenite, the relative of Moses by marriage, bring and make the declaration, as it is written (Num. 10:29): “Go with us and we shall treat you well.” Rebbi Ḥizqiah in the name of Rebbi Eleazar did not say so but: Why did they say “the guardians, the slave, the agent, the woman, the sexless and the hermaphrodite can bring but do not make the declaration,” is not the proselyte mentioned here? Rebbi Samuel ben Rav Isaac said, explain it by the proselyte mentioned here, by the descendants of the Qenite, the relative of Moses by marriage, since the descendants of the Qenite, the relative of Moses by marriage, bring and make the declaration.

MISHNAH: Rebbi Eliezer ben Jacob says, a woman, daughter of proselytes, should not marry a Cohen unless her mother is from Israel. There is no difference between proselytes and freedmen, even up to ten generations, unless their mothers be from Israel. The guardians, the slave, the agent, the woman, the sexless, and the hermaphrodite can bring but not make the declaration, since they cannot say (Deut.26:10): “Which You gave me, Eternal.”

MISHNAH: A woman living in her husband’s house, and both her husband and her father slaughtered for her, should eat of her husband’s. If she went to her father’s house for the first holiday and both her father and her husband slaughtered for her, she may eat where she desires. An orphan for whom guardians slaughtered may eat where he desires. A slave of two owners may not eat from either of them. A person who is half slave and half freedman may not eat of his master’s.

“An orphan for whom guardians slaughtered may eat where he desires.” The Mishnah refers to an underage orphan. But an adult orphan is like one who subscribed to two Pesaḥim; as Rebbi Ḥiyya stated, one who subscribed to two Pesaḥim eats from the one which was slaughtered first. Rebbi Yose says, the Mishnah says so, “if he slaughtered a kid goat and a lamb, one eats from the first.”

HALAKHAH: “If orphans rely on a property owner, etc.” (Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You” excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell slaves but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

HALAKHAH: “If orphans rely on a property owner, etc.” (Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You” excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell slaves but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, 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 not 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 it did do damage, from whom does one take payment? Rebbi Joḥanan said, from the orphans. Rebbi Yose bar Ḥanina said, from the guardian. And even if Rebbi Joḥanan never taught this, does not his word imply it since he said if in the end they are detrimental, they are detrimental?

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.