Study Gittin folio 52B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
דאתו למימר להו: נשרפו חיטיכם בעלייה.
as the sellers will come to say to them: Your wheat was burned in the upper story of my house, and you have lost everything. If a fire breaks out, the sellers will not attempt to save the produce because they already received payment for it and it now belongs to the orphans.
If buyers gave the orphans money for the purchase of produce, but did not yet physically transfer it into their possession, and afterward the produce increased in value, then one applies the principle that the power of an ordinary person should not be greater than that of the Temple treasury, and therefore the orphans can renege on the sale, as a valid act of acquisition had not yet been performed. If the produce decreased in value, and the orphans wish to uphold the sale, the students understood from here that this is subject to what Rav Ḥanilai bar Idi said, that transactions involving orphans are finalized with the transfer of money, and therefore the orphans should acquire the produce at the lower price.
אמר להו רב שישא בריה דרב אידי: הא רעה הוא לדידהו – דזמנין דמצטרכי לזוזי, וליכא דיהיב להו עד דיהבי להו פירי.
Rav Sheisha, son of Rav Idi, said to them: This would be bad for the orphans were they treated this way, as there may be times that the orphans need money and no one will give it to them before they actually give them the produce. Consequently, it is preferable for them to be treated like other sellers, who finalize their sales only once the merchandise is pulled by the buyers.
אמר רב אשי: אנא ורב כהנא חתמינן אשטרא דאימיה דזעירא יתמא, דמזבנא ארעא לכרגא בלא אכרזתא; דאמרי נהרדעי: לכרגא ולמזוני ולקבורה – מזבנינן בלא אכרזתא.
§ Rav Ashi said: Rav Kahana and I signed a deed of sale for the mother of Ze’eira the orphan, who, as the child’s steward, sold land without first making a public announcement in order to pay the head tax [karga]. It was permitted for her to act in this manner due to what the rabbis of Neharde’a said: When an orphan’s property is sold, a public announcement of the sale is first made in order to ensure that the seller will receive the highest price. But when the property is sold to raise money for the payment of the head tax, or to provide for sustenance for orphans, or to pay for burial of the deceased, the money is needed immediately, so the property may be sold even without a public announcement.