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1) THE SOURCE FOR AGENTS

(a) Question: R. Yonason does not learn as R. Yehoshua ben Korchah above - what is his source for agents by Kodshim?

1. (R. Yonason) Question: "All of Yisrael will slaughter (the Pesach sacrifice)" - but only 1 person slaughters!
2. Answer: Rather, this teaches that all of Yisrael can be partners in 1 Pesach sacrifice (even though everyone owns less than an olive's worth).
3. Question: This itself shows that agents work by Kodshim - the answer to question (a) is obvious!
4. Answer: No - from here, we only know that an agent works when he himself owns a share.

(b) Answer: "Each man will take a lamb for his household".
(c) Question: Perhaps that also only works because the agent himself owns a share!
(d) Answer: Since we already know that one who owns a share can be an agent, the verse teaches that even one who has no share can be an agent.
(e) Question: But we need this latter verse for R. Yitzchak's law!

1. (R. Yitzchak): A man can acquire on behalf of others, a minor cannot.

(f) Answer: R. Yitzchak's law is learned from "A man according to his eating (you will appoint on the lamb)".
(g) Question: But we need this last verse to teach that an individual can slaughter a Pesach sacrifice to eat it all himself!
(h) Answer: R. Yonason holds that an individual cannot slaughter a Pesach sacrifice to eat it all himself.
(i) (Rav Gidal): "One Nasi (for each tribe will acquire a portion of Eretz Yisrael for his tribe)" - this teaches that an agent can act on behalf of others.
(j) Question: Why isn't this the source for agents?

1. Counter-question: The Nesi'im could not have been agents - they also acquired on behalf of minors, who cannot make agents!

(k) Correction (Rava bar Rav Huna citing Rav Gidal): "One Nasi" - this teaches that Reuven can acquire to benefit Shimon, when Shimon is not here.
(l) Question: This cannot be right - the acquisition of shares of Eretz Yisrael was not beneficial for everyone - some people prefer land in the valley, others prefer in the mountain!
(m) Correction (Rava bar Rav Huna citing Rav Gidal): "One Nasi" - this teaches that if orphans come to divide their inheritance, Beis Din appoints an overseer for them for their benefit and detriment.
(n) Objection: Why should we appoint someone for their detriment?!
(o) Answer: He means, the overseer is empowered to do things which may have a detrimental result, if their intention is to benefit the orphans.

(a) (Rav Nachman citing Shmuel): When orphans come to divide their inheritance, Beis Din appoints an overseer for them and choose a good portion for each one; when the orphans grow up, they can protest the division.
(b) (Rav Nachman himself): When the orphans grow up, they cannot protest the division - if they could, Beis Din has no clout!
(c) Question: But Rav Nachman is not concerned for the clout of Beis Din!

1. (Mishnah): If Beis Din appraised property (and sold it) and erred, a sixth above or below the true value - the sale is invalid;
2. R. Shimon ben Gamliel says, the sale stands - if not, Beis Din has no clout!
3. (Rav Nachman): The law is as Chachamim.

(d) Answer: Rav Nachman is concerned for the clout of Beis Din when they did not err - when they erred, he is not concerned.
(e) Question: If they did not err, why does Shmuel say that they can protest the division?
(f) Answer: They did not err regarding the value of the portions, rather regarding the location (it would have been better for a particular orphan to get the north field instead of the south field).
(g) (Rav Nachman): Brothers divided an inheritance; they erred, some brothers received too much, others too little. The law is as that of buyers: if the mistake was less than a sixth of the value - the sale (division) stands;

1. If the mistake was more than a sixth - the sale is invalid;
2. If the mistake was exactly a sixth - the sale is valid, but whoever got too little is compensated.

(h) (Rava): Rav Nachman's laws only apply in the following situations:

1. When the mistake was less than a sixth of the value, the sale stands - this is when they acted themselves;

i. If an agent acted for them, the sale is invalid - the agent was only appointed to make a proper acquisition!

2. [Version #1 (Rashi): If the mistake was more than a sixth, the sale is invalid - this is when they did not say, 'Let us divide as Beis Din' - if they said this, the division stands (as R. Shimon ben Gamliel);

i. (Mishnah): If Beis Din appraised property (and sold it) and erred, a sixth above or below the true value - the sale is invalid; R. Shimon ben Gamliel says, the sale stands.

3. If the mistake was exactly a sixth, the sale is valid, but there is compensation - this is only by Metaltelim;

i. By land, there is no law of Ona'ah (to compensate the one who received too little).
ii. This that there is no law of Ona'ah by land is when the mistake was in the value - but even a small mistake in measurement must be compensated for.]

4. [Version #2 (Tosfos): If the mistake was exactly a sixth, the sale is valid, but there is compensation - this is when they did not say, 'Let us divide as Beis Din' - if they said this, the division is void (as Chachamim);

i. (Mishnah): If Beis Din appraised property (and sold it) and erred, a sixth above or below the true value - the sale is invalid; R. Shimon ben Gamliel says, the sale stands.

5. If the mistake was more than a sixth, the sale is invalid - this is only by Metaltelim;

i. By land, there is no law of Ona'ah (to invalidate the sale);
ii. This that there is no law of Ona'ah by land is when the mistake was in the value - but even a small mistake in measurement invalidates the sale.]

(a) (Mishnah): One who sends a deaf person, lunatic or minor with a fire, and they cause damage - Beis Din cannot make the sender pay, but he is liable at the hands of Heaven;

1. If he sent a proper adult, that adult must pay for the damage.

(b) Question: Why don't we attribute the agent's action to the sender?
(c) Answer: We do not say this by an agent to sin - he should have obeyed Hash-m, not the one who sent him!
(d) (Beraisa): An agent was sent to buy something; the money he gave was Hekdesh. If he deviated from his mission, he transgressed Me'ilah;

1. If he fulfilled his mission - the one who sent him transgressed Me'ilah.

(e) Question: How does the sender transgress through the agent - we should say, sins are not attributed to the sender!
(f) Answer: Me'ilah is an exception - we learn a Gezeirah Shavah "Chet-Chet" from Terumah.

1. Just as one can make an agent by Terumah, also regarding Me'ilah.