Commentary for Bava Kamma 77:14

אלא לעולם לא תיפוך ומזיק שאני רבי יוחנן אמר מעליית יתומים דאי אמרת מעליית אפוטרופוס

From the best of whose estate [would the payment have to come]? — R. Johanan said: From the best [of the estate] of the orphans;<span class="x" onmousemove="('comment',' Who were minors. ');">¹³</span> R. Jose b. Hanina said: From the best [of the estate] of the guardian. But did R. Johanan really say so? [Has it not been stated that] R. Judah said in the name of R. Assi:<span class="x" onmousemove="('comment',' 'Ar. 22a. ');">¹⁴</span> The estate of the orphans<span class="x" onmousemove="('comment',' Who were minors. ');">¹³</span> must not be distrained upon unless where usury is consuming it, and R.. Johanan said: [Unless there is a liability] either for a bond bearing interest or to a woman for her <i>kethubah</i>,<span class="x" onmousemove="('comment',' I.e., marriage settlement; v. Glos. ');">¹⁵</span> [so as to save from further payment] on account of [her] maintenance?<span class="x" onmousemove="('comment',' For as long as the widow does not collect her kethubah, she receives her maintenance from the property of the orphans, v. Keth. XI, 1. ');">¹⁶</span> — You must therefore reverse names [to read as follows]: R. Johanan said: From the best [of the estate] of the guardian, whereas R. Jose b. Hanina said: From the best [of the estate] of the orphans. Raba, however, objected, saying: Because there is a contradiction between R. Johanan in one place and R. Johanan in another place, are you to ascribe to R. Jose b. Hanina an erroneous view?<span class="x" onmousemove="('comment',' [Raba regarded it as an adopted ruling not to distrain upon the estate of orphans. V. Asheri, a.l.] ');">¹⁷</span> Was not R. Jose b. Hanina a judge, able to penetrate to the innermost intention of the Law? — We must therefore not reverse the names, [and the contradiction between the two views of R. Johanan<span class="x" onmousemove="('comment',' I.e., here and in 'Ar. 22a. ');">¹⁸</span> can be reconciled by the consideration that] a case of damage is altogether different.<span class="x" onmousemove="('comment',' Presumably on account of public safety and public interest it is more expedient not to postpone payment until the orphans come of age. ');">¹⁹</span> R. Johanan stated that the payment must be made out of the best [of the estate] of the orphans, because if you were to say that it is to be out of the best [of the estate] of the guardians

Explore commentary for Bava Kamma 77:14. In-depth commentary and analysis from classical Jewish sources.