[Avodah] Geirut

Zev Sero zev at sero.name
Wed Aug 20 13:11:41 PDT 2008


Chana Luntz wrote:

> In fact, if the apitropos (or beis din) could substitute for the daas of the
> minor orphans, why can't they swear the necessary shavuos on their behalf
> and overcome the fundamental difficulty that keeps cropping up when dealing
> with minor orphans, of them not being able to swear?  After all, does not
> kabbalas ol mitzvos more closely resemble a shavuah than anything else?

AIUI the main problem with orphans and oaths is not that they have no
daat but that they have no personal knowledge of the things they are
expected to swear to.  A guardian would be expected to have even less
personal knowledge of these matters.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas



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