Responsa for Gittin 104:10
מינהו אבי יתומים לא ישבע מילתא בעלמא הוא דעבדי להדדי ואי רמית עליה שבועה אתי לאמנועי אמר רב חנן בר אמי אמר שמואל הלכתא כאבא שאול:
He said: Bring evidence that he is spoiling it and I will remove him. For R. Huna our colleague said in the name of Rab: If a guardian spoils the orphans' property we remove him. For it has been stated: 'If a guardian spoils the property, R. Huna says in the name of Rab that we remove him, while the School of R. Shilah say that we do not remove him.' The law, however, is that we remove him.
Teshuvot Maharam
Q. Is a trustee of orphans, appointed to his trusteeship by their father, required to take an oath [to the effect that he did not retain anything belonging to the orphans and that he did not willfully damage their interests]?
A. A trustee appointed by the father of the orphans is not required to take an oath. However, some authorities (Ittur) believe that when such a trustee has been removed by court, because of witnesses testifying to his mismanagement of the affairs of the orphans, he is required to take an oath.
SOURCES: Cr. 272; L. 239. Cf. Mord. Gitt. 389; Pr. 592; L. 240.
A. A trustee appointed by the father of the orphans is not required to take an oath. However, some authorities (Ittur) believe that when such a trustee has been removed by court, because of witnesses testifying to his mismanagement of the affairs of the orphans, he is required to take an oath.
SOURCES: Cr. 272; L. 239. Cf. Mord. Gitt. 389; Pr. 592; L. 240.
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