Commentary for Gittin 104:11

תניא רבי אליעזר בן יעקב אומר זה וזה ישבע והלכה כדבריו

A GUARDIAN WHO WAS APPOINTED BY THE FATHER OF THE ORPHANS IS REQUIRED TO TAKE AN OATH. What is the reason? — If he were not to derive some benefit from this, he would not become a guardian, and he will not be deterred by the requirement of an oath, IF, HOWEVER, THE <i>BETH DIN</i> APPOINTED HIM HE IS NOT REQUIRED TO TAKE AN OATH. [The reason is that] he assumes the office only to oblige the <i>Beth din</i>, and if an oath is to be imposed on him he would refuse. ABBA SAUL SAYS THAT THE RULE IS THE REVERSE. What is the reason? — If the <i>Beth din</i> appoint him he is to take an oath, because for the sake of the benefit he derives from the reputation of being a trustworthy man on whom the <i>Beth din</i> relies he is not deterred by [the prospect of] an oath. [If, however,] the father of the orphans appoints him, he does not take an oath, as it was simply a friendly action between the two, and if you impose an oath on him he would refuse. R. Hanan b. Ammi said in the name of Samuel: The law follows Abba Saul.

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