[Avodah] Geirut

[Arie Folger]

On Friday, 22. August 2008 12.10:17 Chana Luntz wrote:
> By the way, even according to the man deamar
>
> > that higdilu yekholim lim'hot, the power of the apotropos in
> > this matter is no less than a beit din converting a minor.
>
> Not sure what you are saying here.

I was responding to your original question and anticipating your follow up 
question, where you stated that the power of apotropos comes from hefqer beit 
din hefqer (HBDH) only. In fact, what I wrote was based on the same sugya. 
However, as I am in the process of moving, I have not had the chance to 
review that daf. IIRC, Rav Na'hman's position is not based on HBDH.

In addition I wrote that, if you would claim that the apotropos' power is 
limited, as according to one view in the Talmud, higdilu yekholim lim'hot on 
the apotropos carving up of the estate, anyway, the same is true of a qatan 
who converted 'al da'at beit din. Hence, the apotropos exercising the 
orphans' vacrious da'at is similar to beit din doing so in a conversion of a 
minor.

However, you did write that you are looking for non monetary applications of 
vicarious da'at. I am afraid that it will be hard to find, if there are any 
at all, but do care to point out that we relate to giyur 'al da'at beit din 
somewhat like to monetary cases, as we can see from the statement that it is 
based partly on zakhin leadam shelo befanav.

KT,
-- 
Arie Folger
http://www.ariefolger.googlepages.com