About this episode
If the widow sells items of the orphans for a loss, the sale is invalid, but if the judges do it, they have a margin of error of up to a sixth. Rashbag holds even higher than that we do not invalidate the sale of the judges, as the courts have more power than individuals - in the words of the Mishna, "If not, what is the power of the courts?" What is the law regarding a messenger who sells an orphan's property- is it like a widow or a court? They quoted that Rav Nachman ruled like the rabbis regarding the court's sale. But didn't Rav Nachman say regarding court-appointed stewards ( apotropos ) who divided up the land of the orphans that the children cannot change the distribution when they get older because "If not, what is the power of the courts?" How is this resolved? A story is brought with Rebbi who ruled like the rabbis but Parta convinced him to change his mind and hold like Rashbag. A different version has Rebbi only considering holding like the rabbis and then Parta convinces him to rule like Rashbag. Do the two versions disagree with each other on halachic grounds (do we hold that one who makes a mistake on a ruling in the Mishna has to undo the ruling or not) or is it just a disagreement about what actually happened? When one sells an orphan's property, whether or not it was the widow or the courts, the orphans automatically assume the guarantee for the sale. Even though Rashbag said that even if the courts err, the sale is valid, Rav Sheshet limits this to an error of half the price or double the price. Ameimar ruled that the courts who sell an orphan's property need to announce it, in order to ensure a good price. A question is raised against Ameimar from our Mishna. Three different ukimtot are brought to explain the case in our Mishna so it would not contradict Ameimar. If the orphans have moveable items, do we sell them immediately or wait for an opportunity to get the best price? On what does it depend? There are certain women who don't receive a ketuba - one who refused a marriage ( mi'un - when she was married off by her mother/brother), one who married someone who was forbidden to her by rabbinic law and an aylonit. These women also have no rights to the produce, to food, or to worn out clothing.