Mishneh Torah, Inheritances 11

Welcome

Welcome, curious and respectful friend! This text offers a fascinating window into a deeply held Jewish value: the profound responsibility to protect and nurture the most vulnerable among us. While the specific legal details might seem distant, the underlying commitment to justice, care, and a stable future resonates across all cultures and times. For Jews, texts like this aren't just historical documents; they are living blueprints for building a compassionate and just society, reflecting a timeless spiritual imperative to care for those who cannot fully care for themselves. They remind us that our collective well-being is tied to the well-being of every individual, especially the defenseless.

Context

To truly appreciate the wisdom embedded in this ancient text, let's step back in time and understand the world from which it emerged. Imagine a society without modern social safety nets, where the loss of a parent, particularly a father, could plunge children into immediate destitution and vulnerability. It was in such a world that Jewish law developed intricate systems to safeguard the future of orphans.

Who: Maimonides – The Guiding Light of Jewish Thought

The author of this text is Rabbi Moshe ben Maimon, universally known as Maimonides, or by his Hebrew acronym, "Rambam." Born in Cordoba, Spain, in 1138, he lived a remarkable life that spanned continents and disciplines, ultimately settling in Egypt where he served as a physician to the Sultan and led the Jewish community. Maimonides was not just a legal scholar; he was a brilliant philosopher, astronomer, and medical expert, whose influence extended far beyond the Jewish world. His writings synthesized Greek philosophy with Jewish theology, earning him a place as one of the most significant intellectual figures of the Middle Ages. His impact on Jewish thought is so immense that it's often said, "From Moses (of the Torah) to Moses (Maimonides), there was none like Moses."

Maimonides' genius lay not only in his vast knowledge but also in his unparalleled ability to organize and clarify. He found the existing body of Jewish law, which had grown organically over centuries into a complex tapestry of discussions, sometimes difficult to navigate. His ambition was to create a single, comprehensive, and logically structured code that would make all Jewish law accessible to anyone, from the most learned scholar to the simplest layperson.

When: The Medieval Crossroads of Cultures (12th Century)

The 12th century was a vibrant, yet often turbulent, period. It was an era marked by intellectual ferment in both the Islamic and Christian worlds, with significant cross-cultural exchange. Maimonides lived in the heart of this intellectual melting pot, witnessing firsthand the challenges and opportunities of diverse societies. In his time, legal systems were often localized and inconsistent. The concept of a universal, meticulously codified legal system that applied across different communities and situations was revolutionary. In this environment, the Mishneh Torah stood out as a beacon of clarity and systematic thought, a testament to the enduring power of reason and ethical order. It was a time when communities largely had to rely on internal structures for welfare and justice, making the detailed provisions for orphans all the more vital.

Where: The Mishneh Torah – A Pillar of Jewish Law

This text comes from Maimonides' magnum opus, the Mishneh Torah, a monumental fourteen-volume work that systematically codifies all of Jewish law. The very name, "Mishneh Torah," means "Repetition of the Torah" or "Second Torah," reflecting Maimonides' ambition for it to be a clear and comprehensive guide to Jewish life, second only to the original Five Books of Moses. Unlike earlier legal compilations that presented debates and differing opinions, Maimonides aimed to present only the final legal conclusion, making it incredibly practical and user-friendly for its time. He meticulously organized the vast body of Jewish law into logical categories, from prayer and holidays to civil law and ethics.

The specific section we're exploring, "Inheritances," deals with the laws concerning property, wills, and succession. Within this broader category, Chapter 11 focuses intently on the unique legal and ethical considerations surrounding the property and care of orphans. This wasn't just about legal technicalities; it was about ensuring that the most vulnerable members of society—children who had lost their primary protectors—were not left to fend for themselves, but were instead safeguarded by the collective wisdom and compassion of the community, often personified by the court.

Defining a Key Term: The "Orphan" in Jewish Legal Thought

In the context of traditional Jewish law, the term "orphan" (yatom in Hebrew) most often refers to a child who has lost their father, even if their mother is still alive. This distinction is crucial because, in ancient and medieval societies, the father was typically the primary provider, legal representative, and head of the household. His loss meant not only emotional devastation but also the potential for severe financial instability and legal vulnerability for his children. While the emotional suffering of losing any parent is profound, the legal system focused particularly on the father's role in property and legal standing. Therefore, the elaborate rules we see in this chapter are designed to fill the void left by a father's absence, ensuring that the children's inheritance and upbringing are meticulously managed and protected by the community and its designated representatives. It underscores a deep understanding of the societal structures and the specific points of vulnerability for children in that era.

The Steinsaltz commentary on the opening line of this chapter, "Money belonging to orphans... does not require a guardian," clarifies this further by stating, "Unlike other assets for which the court appoints a guardian to manage them." This highlights that while normally a court would appoint a guardian for all assets of an orphan, there's a specific process for money that aims to be even more secure and productive for the orphan. This nuanced approach demonstrates the extraordinary level of care and foresight embedded within Jewish legal thought when it comes to safeguarding the innocent and vulnerable.

Text Snapshot

This chapter from Maimonides’ Mishneh Torah outlines the meticulous care and legal procedures for managing the inheritance of orphans, especially their financial assets. It details how the community, through its court, must act as a surrogate parent, ensuring the children's funds are invested wisely and safely, yielding profit for their welfare without undue risk. It sets strict guidelines for identifying trustworthy investors and guardians, the types of security required, and the appropriate ways to use and manage the orphans' property, emphasizing long-term benefit, ethical conduct, and the provision for their well-being and education, all while maintaining the utmost accountability, even if it's a spiritual one. The text underscores a deep societal responsibility to protect the most vulnerable.

Values Lens

The intricate details of Mishneh Torah, Inheritances 11, might initially seem like a dry legal document, but beneath its precise language lies a vibrant tapestry of deeply human and universally cherished values. For Maimonides and for Jewish tradition, law is not merely about rules; it's about shaping a moral and ethical society. This text, in particular, elevates several core values that resonate far beyond its specific historical and cultural context.

Value 1: The Sacred Protection of the Vulnerable

At its core, this entire chapter is a profound testament to the sacred obligation to protect those who cannot protect themselves. In ancient and medieval societies, orphans were among the most vulnerable, often facing destitution, exploitation, and a bleak future. Jewish tradition, rooted in the Torah, repeatedly emphasizes the special status and protection afforded to the orphan and the widow, seeing their welfare as a direct measure of a society's righteousness.

From the Text: A Shield for the Defenseless

Maimonides' detailed instructions are a legal shield crafted for the defenseless. Consider the stringent requirements for selecting an investor for the orphans' money: "We search for a person who owns property that can be expropriated by a creditor and that is of high quality. This person should be trustworthy, one who heeds the laws of the Torah, and who was never placed under a ban of ostracism." This isn't just about finding someone good with money; it's about seeking out an individual of impeccable financial stability, moral character, and community standing. The Steinsaltz commentary further clarifies that such a person's "financial situation is stable, and investing with them carries no great risk." This demonstrates an extreme degree of caution, prioritizing the orphans' security above all else.

Even more striking is the provision that if an investor is found, it is agreed that "if there is a profit, the orphans will receive it, and if there is a loss, he will pay it from his own pocket." The Steinsaltz commentary notes that "even though a loan in this manner is forbidden by the Sages due to 'dust of interest' [a rabbinic prohibition against subtle forms of interest], it is not forbidden regarding orphans' property." This is a truly exceptional legal move: an established rabbinic prohibition (against even the appearance of interest, to avoid exploitation) is suspended specifically to ensure that the orphans' money is absolutely safe and guaranteed to grow, without any risk to their principal. This reveals an extraordinary commitment to their protection, overriding even other important legal principles when the welfare of the vulnerable is at stake.

The text also addresses practical dilemmas, such as the person holding orphans' beer: "Our Sages ruled that he should do as he would do with his own beer." This seemingly simple instruction encapsulates a deep principle: treat the orphans' property with the same care, diligence, and judgment you would apply to your own most valued possessions. It's an injunction against negligence or indifference, demanding personal identification with their needs.

Beyond the Text: A Universal Imperative

This value resonates deeply across cultures and throughout history. Nearly every ethical and religious tradition emphasizes the duty to care for the vulnerable. From ancient codes like the Code of Hammurabi, which included protections for widows and orphans, to modern international human rights declarations, the principle remains constant. In contemporary society, this value manifests in countless ways: child protective services, foster care systems, charities supporting vulnerable youth, laws against elder abuse, and disability rights advocacy.

The impulse to protect the vulnerable stems from a fundamental human empathy and a recognition of our shared fragility. It acknowledges that true strength in a society is not measured by the power of the mighty, but by how it treats its weakest members. When we safeguard a child, we are not just protecting an individual; we are investing in the moral fabric of our community and upholding the dignity inherent in every human life. This Jewish legal text, therefore, serves as a powerful reminder that our legal and social structures should always prioritize the well-being of those who lack a voice or the means to defend themselves, building a society where compassion is codified into daily practice.

Value 2: Ethical Stewardship and Responsible Management

Beyond mere protection, the text champions the value of ethical stewardship and responsible management, particularly when entrusted with the resources of others. It's not enough to simply guard the orphans' money; it must be managed with integrity, foresight, and a keen sense of purpose. This value speaks to the broader human responsibility to manage resources—whether financial, environmental, or communal—in a way that benefits all and ensures sustainability.

From the Text: Diligence, Integrity, and Prudence

Maimonides provides incredibly detailed guidelines for the guardian, emphasizing diligence and integrity. The money is to be invested "in a manner that will most likely lead to a profit and will not likely lead to loss." This isn't about reckless speculation but about careful, calculated growth, reflecting a fiduciary duty to maximize benefit while minimizing risk. The guardian's role extends to selling and purchasing "whatever he determines is necessary; he builds and he destroys; he rents, plants, sows and does whatever he thinks is in the best interests of the orphans." This grants significant discretion but within a framework of strict ethical accountability.

The text also places boundaries on the guardian's actions: "He may not sell these assets and hoard the money. Nor may he sell fields to purchase servants, nor sell servants to purchase fields, for perhaps he will not be successful." These prohibitions are crucial. They prevent the guardian from acting solely on personal hunches or engaging in speculative ventures that could jeopardize the orphans' future. Selling productive assets (like fields) to acquire non-productive ones (like servants, who require upkeep and whose value might fluctuate) or vice-versa is deemed too risky. The exception, "He may, however, sell fields to purchase oxen to work other fields, for oxen are the fundamental element of the fields one possesses," illustrates a pragmatic approach: purchases are only permitted if they directly enhance the productivity and stability of existing assets. This is about strategic management, not impulsive trading.

Furthermore, the guardian is warned against entering into lawsuits on behalf of the orphans if the outcome is uncertain, as "he may not be successful, and the claim against them will be substantiated." This highlights prudence and risk aversion, especially when the stakes are high for the vulnerable. The rule that guardians must "separate terumah and the tithes from the crops of the orphans" ensures that the orphans' property is managed in accordance with religious law, even for the smallest details, underscoring the holistic nature of ethical stewardship in Jewish tradition. The Steinsaltz commentary on "the money" clarifies that it's "the money that is in excess of their livelihood expenses," meaning even surplus funds are subject to this meticulous management, not just immediate necessities.

Crucially, while a court-appointed guardian does not have to give a detailed accounting to the orphans when they come of age, they must still take an oath holding a sacred article that they "did not steal anything from them." And despite this legal exemption, Maimonides adds a powerful moral injunction: the guardian "must keep a personal account, being extremely precise, so as not to incur the wrath of the Father of these orphans, He who rides upon the heavens." This spiritual accountability, rooted in the idea that God is the ultimate protector of orphans, elevates ethical stewardship beyond mere legal compliance to a sacred duty.

Beyond the Text: A Universal Call to Responsibility

The principles of ethical stewardship and responsible management are cornerstones of any thriving society. In personal finance, it means managing budgets, investing wisely, and avoiding excessive debt. In corporate governance, it translates to transparent accounting, ethical leadership, and sustainable business practices. In environmentalism, it calls for careful use of natural resources and protecting the planet for future generations.

This value is about trust—the trust placed in individuals to manage resources not solely for their own benefit, but for the good of others or for a collective purpose. It involves foresight, self-discipline, and a commitment to integrity even when no one is watching. The detailed rules for the guardian in this text serve as a powerful metaphor for anyone in a position of authority or responsibility: whether managing a family's finances, leading an organization, or stewarding public funds, the highest ethical standards and a deep sense of accountability are paramount. We are all, in some sense, guardians of resources, entrusted with their careful management for the benefit of those who depend on us, and for the health of the world we inhabit.

Value 3: Long-Term Vision and Investing in the Future

Mishneh Torah, Inheritances 11, doesn't just focus on immediate needs; it articulates a profound commitment to a long-term vision, ensuring that orphans are not merely sustained but are also prepared for a stable and fulfilling future. This value highlights the importance of foresight, planning, and making decisions today that will yield benefits tomorrow, both for individuals and for society as a whole.

From the Text: Nurturing Growth and Preparing for Adulthood

The directive to invest the orphans' money "in a manner that will most likely lead to a profit and will not likely lead to loss" is inherently a long-term strategy. It's about growing their inheritance so that it can provide for them throughout their minority and serve as a foundation for their adult lives. The court determines "how much should be given to the orphans as profit," whether "a third of the profits, half of them, or even a fourth of them; if the judges ascertain that this is in the best interests of the orphans." This flexibility suggests that the amount of profit allocated for immediate needs versus reinvestment can be adjusted based on the specific circumstances and the long-term goals for the child.

Crucially, the text addresses the orphans' education and religious upbringing. Guardians are mandated to provide "a lulav, a sukkah, tzitzit, a shofar, a Torah scroll, tefillin, mezuzot and a megillah on behalf of the orphans." These are all items necessary for observing key Jewish rituals and holidays. The text explains, "The general principle is: All mitzvot [commandments] that have a fixed measure - whether of Scriptural or Rabbinic origin - should be made available for them, although they are obligated in these mitzvot only as part of their education." This is a remarkable provision. Even though young children are not fully obligated in all adult religious commandments, the guardian must ensure they have the tools and opportunities for religious education and practice. This isn't just about financial planning; it's about holistic development, nurturing their spiritual and cultural identity, and preparing them to be active, engaged members of their community when they come of age. It's an investment in their character and future belonging.

The contrast with charitable assessments is also illuminating: "We do not, however, levy charitable assessments against their property, even for the sake of the redemption of captives. The rationale is that such mitzvot have no limit to them." While charity is a cornerstone of Jewish life, Maimonides makes a clear distinction: the orphans' property is primarily for their future, not for open-ended charitable obligations, however noble. This prioritizes their long-term stability above immediate, limitless demands, demonstrating a balanced approach to communal responsibilities.

Even the guardian's personal appearance is linked to this long-term vision: "A guardian may dress and garb himself in a distinguished manner using the fund belonging to the orphans, so that he will be esteemed and his words will be heeded, provided that the orphans will benefit from the fact that he is esteemed and his words are heeded." This might seem unusual, but it reflects a pragmatic understanding of social dynamics. If the guardian is respected, his ability to advocate for and manage the orphans' affairs effectively is enhanced, ultimately serving their long-term interests.

Beyond the Text: Building Bridges to Tomorrow

The value of long-term vision is fundamental to human progress and well-being. In personal life, it means saving for retirement, investing in education, and making healthy lifestyle choices. In societal terms, it involves creating sustainable infrastructure, developing educational systems, and implementing policies that address climate change or public health, all with an eye toward future generations.

This value challenges us to think beyond immediate gratification and short-term gains. It encourages us to consider the ripple effects of our decisions and to cultivate patience and foresight. For the orphans in Maimonides' text, this long-term vision meant not just food on the table today, but the prospect of an inheritance, an education, and the tools to live a meaningful life tomorrow. It underscores the profound responsibility we all have to plant trees whose shade we may never sit under, to build foundations for futures we may not fully witness, but which will nonetheless benefit those who come after us. This text, therefore, is a powerful call to cultivate a forward-looking perspective, ensuring that our actions today contribute positively to the flourishing of future generations.

Everyday Bridge

Connecting with ancient texts can feel daunting, but the universal values embedded in Mishneh Torah, Inheritances 11, offer many avenues for respectful engagement and personal reflection, regardless of your background. These aren't about conversion or adopting specific religious practices, but about recognizing shared humanity and applying timeless wisdom to modern life. Here are a few ways a non-Jew might relate or practice these principles respectfully:

1. Reflect on Personal Stewardship

The meticulous rules for guardians managing orphans' property are a powerful metaphor for our own responsibilities. We all have resources—money, time, talents, even influence—that we are, in a sense, "guardians" of.

• Financial Prudence: Consider your own financial decisions. Are you managing your resources with the long-term well-being of yourself and your dependents in mind? Do you prioritize stability and responsible growth over risky ventures? Just as Maimonides advises against speculative investments for orphans, we can reflect on avoiding impulsive financial choices that might jeopardize our own or our family's future. The principle of investing in a way "most likely to profit and not likely to lose" can be a guide for personal financial planning, encouraging diversification, saving, and avoiding undue debt.
• Time and Talent: Beyond money, think about how you "invest" your time and talents. Are you using them to build something lasting, to support your family, or to contribute to your community? Are you wasting them on things that don't align with your long-term goals or values? The text's emphasis on using assets for the orphans' "best interests" can be translated into aligning our time and talents with our core values and priorities.
• Environmental Responsibility: On a broader scale, we are all stewards of our planet. How do our choices impact the environment for future generations? The concern for sustainable management of fields and property for orphans echoes the need for sustainable practices today. This reflection can inspire more conscious consumer choices, support for conservation efforts, or advocacy for environmental protection.

2. Engage in Intentional Community Care

The text highlights the community's role (through the court) in protecting orphans. This principle can inspire modern-day actions to support vulnerable populations in your own community.

• Support for Vulnerable Youth: Seek out local organizations that support children who have lost parents, children in foster care, or those facing difficult circumstances. This could involve donating funds, volunteering your time, or becoming a mentor. The spirit of providing for a child's "livelihood" and "expenses according to their financial capacity and their social standing" translates into ensuring all children have access to basic needs, education, and opportunities to thrive.
• Advocacy for Social Safety Nets: Consider advocating for policies that strengthen social safety nets, ensuring that no child or vulnerable individual falls through the cracks. This might involve supporting legislation for affordable housing, quality education, or accessible healthcare. The legal framework Maimonides constructed was a comprehensive safety net for orphans, and we can draw inspiration to build similar comprehensive systems in our modern context.
• Mentorship and Education: Just as guardians were mandated to provide items for the orphans' religious education, we can contribute to the holistic development of young people. Mentoring programs, tutoring, or supporting initiatives that provide educational resources and life skills to disadvantaged youth are modern expressions of this ancient value of investing in a child's future.

3. Cultivate Trust and Accountability in Your Relationships

The emphasis on trustworthy guardians, taking oaths, and even spiritual accountability ("not to incur the wrath of the Father of these orphans") speaks to the profound importance of trust and integrity in all relationships, especially those where one party holds power or responsibility over another.

• Personal Integrity: In your professional and personal life, strive to be a person of integrity, someone whose word is their bond. The text's requirement for a guardian to be "trustworthy, one who heeds the laws of the Torah, and who was never placed under a ban of ostracism" sets a high bar for character. While we don't have "bans of ostracism" in the same way, we can reflect on our own reputation for honesty and reliability.
• Fiduciary Responsibility: If you are ever in a position of managing funds or assets for others (e.g., as a trustee, an executor, or even managing a shared household budget), reflect on the rigorous standards of Maimonides' guardian. Transparency, clear communication, and prioritizing the interests of those you serve are paramount. Even the spiritual accountability mentioned – "keeping a personal account, being extremely precise" – can be interpreted as maintaining a high internal standard of honesty, even when not legally required.
• Building Community Trust: Think about how you contribute to a climate of trust in your community. Are you reliable? Do you follow through on commitments? Do you speak up when you see injustice? These small acts collectively build a stronger, more trustworthy community, mirroring the stable and ethical environment Maimonides sought to create for the orphans.

By reflecting on these everyday bridges, you can respectfully engage with the timeless wisdom of this Jewish text, drawing inspiration to live a life of greater responsibility, compassion, and foresight within your own cultural framework. The specific rituals and laws may be different, but the underlying human values are universal.

Conversation Starter

Engaging in respectful dialogue with Jewish friends about their traditions can be a wonderful way to build bridges of understanding. When discussing a text like Mishneh Torah, Inheritances 11, remember to approach the conversation with genuine curiosity and an open heart. Here are two questions, crafted to be inviting and to encourage a deeper exploration of the text's themes:

Question 1: Exploring the Depth of Communal Responsibility

"I was really struck by how detailed and careful Maimonides' instructions are for managing orphans' money and property. It seems to go beyond just basic care and really emphasizes long-term growth and protection, even overriding other legal rules sometimes. What does this level of meticulous care for orphans tell you about the Jewish understanding of communal responsibility, and how might that understanding influence Jewish communities today?"

Why this is a good question:

• Honors Curiosity: It directly references the details of the text that stood out, showing you've engaged with the material.
• Open-Ended: It asks "what does this tell you" and "how might that influence," inviting a personal and thoughtful response rather than a simple yes/no.
• Focuses on Values: It immediately shifts the conversation from legal technicalities to the underlying value of "communal responsibility," a shared human concept.
• Connects Past to Present: It prompts your friend to link ancient legal thought to contemporary Jewish life, which can reveal how these values are actively lived out.
• Avoids Assumptions: It doesn't assume your friend holds a particular view or practices in a specific way, but rather invites them to share their perspective.
• Cross-Cultural Relevance: The concept of communal responsibility is universal, making it easy for your friend to explain how Jewish tradition uniquely expresses it, and for you to relate to it from your own background. This can lead to a discussion about how different cultures ensure the well-being of their vulnerable members.

Question 2: Reflecting on Spiritual Accountability and Trust

"In the text, Maimonides mentions that while a guardian might not have to give a full accounting to the orphans, they should still keep 'a personal account' to avoid 'the wrath of the Father of these orphans, He who rides upon the heavens.' This idea of a spiritual accountability, even when legal accountability might be less stringent, is really powerful to me. How do you think this concept of divine oversight or a higher moral compass impacts Jewish perspectives on trust, integrity, and ethical leadership, both historically and in modern times?"

Why this is a good question:

• Highlights a Specific, Evocative Detail: The reference to "the Father of these orphans" and "spiritual accountability" is a particularly poignant and thought-provoking part of the text, showing deep engagement.
• Explores a Deep Ethical Dimension: It delves into the interplay between legal requirements and a higher moral or spiritual standard, which is a rich area for discussion in any tradition.
• Broadens the Scope: It expands the conversation from just orphans to wider concepts like "trust, integrity, and ethical leadership," allowing your friend to discuss how this principle applies in various contexts.
• Invites Personal Reflection: Asking "How do you think this concept impacts..." encourages a personal, introspective response about their understanding of their tradition.
• Respectful and Non-Judgmental: It doesn't question the belief, but rather seeks to understand its implications and impact.
• Universal Human Relevance: The tension between legal minimums and moral ideals, and the role of a "higher power" or conscience in guiding ethical behavior, is a deeply human experience that transcends specific faiths. This allows for a discussion that connects Jewish wisdom to universal ethical dilemmas.

By asking these kinds of questions, you're not just learning facts; you're inviting a friend to share their personal connection to their heritage and values, fostering a deeper, more meaningful cross-cultural understanding.

Takeaway

Mishneh Torah, Inheritances 11, is far more than a legal blueprint for managing property; it is a profound testament to timeless human values. It reminds us that true societal strength is measured by the care we extend to our most vulnerable, that ethical stewardship demands unwavering integrity and foresight, and that investing in the future requires a holistic vision for the well-being and growth of every individual. The intricate details of Maimonides' code serve as a powerful metaphor for our shared responsibility to build a compassionate, just, and sustainable world for all.

Citations

• Mishneh Torah, Inheritances 11. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11)
• Steinsaltz on Mishneh Torah, Inheritances 11:1:1. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.1?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: מָעוֹת שֶׁל יְתוֹמִים... אֵינָן צְרִיכִין אַפִּטְרוֹפּוֹס . שלא כשאר נכסים שבית דין מעמידים להם אפוטרופוס לטפל בהם (ראה לעיל י,ה ולקמן ה"ד).
  • Translation: "Money belonging to orphans... does not require a guardian. Unlike other assets for which the court appoints a guardian to manage them."
• Steinsaltz on Mishneh Torah, Inheritances 11:1:10. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.10?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: וְכַמָּה יִפְסְקוּ בַּשָּׂכָר . מה אחוז הרווחים שיקבל המתעסק.
  • Translation: "How much should be given to the orphans as profit? What percentage of the profits should the investor receive?"
• Steinsaltz on Mishneh Torah, Inheritances 11:1:11. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.11?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: בַּמָּעוֹת . העודפות על מזונותיהם.
  • Translation: "the money. The money that is in excess of their livelihood expenses."
• Steinsaltz on Mishneh Torah, Inheritances 11:1:12. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.12?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: וְיִמְסְרוּ אוֹתָהּ בְּיַד הָאַפִּטְרוֹפּוֹס . כדלעיל י,ה.
  • Translation: "and they entrust it to a guardian. As above, chapter 10, halakha 5."
• Steinsaltz on Mishneh Torah, Inheritances 11:1:2. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.2?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: בּוֹדְקִין עַל מִי שֶׁיֵּשׁ לוֹ נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת וְיִהְיוּ עִדִּית . מחפשים אדם שיש לו קרקעות משובחות. שאדם כזה מצבו הכלכלי יציב וההשקעה אצלו היא ללא סיכון גדול.
  • Translation: "We search for a person who owns property that can be expropriated by a creditor and that is of high quality. We look for a person who has excellent land. Such a person's financial situation is stable, and investing with them carries no great risk."
• Steinsaltz on Mishneh Torah, Inheritances 11:1:3. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.3?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: לֹא קִבֵּל עָלָיו נִדּוּי . שבית דין לא נידו אותו.
  • Translation: "who was never placed under a ban of ostracism. That the court has not ostracized him."
• Steinsaltz on Mishneh Torah, Inheritances 11:1:4. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.4?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: קָרוֹב לְשָׂכָר וְרָחוֹק לְהֶפְסֵד . באופן שיש סיכוי גבוה שהיתומים ירוויחו ולא יפסידו. שמסכמים אתו שאם יהיה רווח במעות יקבלו אותו היתומים ואם יהיה הפסד ישלם להם אותו מכיסו. ואף על פי שהלוואה באופן זה אסורה מדברי חכמים משום אבק ריבית, בנכסי יתומים לא אסרו זאת (הלכות מלווה ולווה ד,יד).
  • Translation: "invest in a manner that will most likely lead to a profit and will not likely lead to loss. In a way that there is a high probability that the orphans will profit and not lose. It is agreed with him that if there is a profit, the orphans will receive it, and if there is a loss, he will pay it from his own pocket. And even though a loan in this manner is forbidden by the Sages due to 'dust of interest' [a rabbinic prohibition against subtle forms of interest], it is not forbidden regarding orphans' property."
• Steinsaltz on Mishneh Torah, Inheritances 11:1:5. (https://www.sefaria.org/Mishneh_Torah%2C_Inheritances.11.1.5?lang=bi&with=Steinsaltz&lang2=en)
  • Original Hebrew: מַשְׁכּוֹן . כדי להבטיח מעות היתומים.
  • Translation: "security. To secure the orphans' money."