Jewish Law

Lesson # 514 - GUARDIANS , Part 2

The guardian has the same responsibility for the assets of the minor as does a gratuitous bailee (Shomer Chinam). That is, he is not liable if any or all of the assets were stolen or lost or destroyed by force majeure or for any reasons not considered his negligence. The guardian is liable if there were losses of some or all of the assets due to his negligence. The guardian must keep accurate books and records of the assets of the minor including expenses, income and other matters that are usually kept by persons managing the property of others. The guardian may do anything if he first obtains the approval of Beit Din. Absent such permission, what may he do? The guardian must manage the property of the minor as he would manage his own property. He pays all expenses of the property and receives the income; he may construct things on the real estate and he may raze structures, hire employees and do anything he deems to be in the best interest of the minor. He provides him with the necessities of life for food, clothing and shelter in conformity with the amount left by the father for the minor and with the amount of money he earns on their behalf, and what is fitting for him, neither too miserly nor overly generous. The guardian may not lend funds belonging to minors to third parties. If he has done so, Beit Din may recover the money from the borrower. If the borrower does not have the money to return, the guardian is held liable to the minors for such amount. If a loan is made it should be evidenced by a note of indebtedness. The guardian may, if it is in the best interest of the minors, sell the assets of the estate to provide for the minor, but he may not sell assets to let the money lie without being invested. He may sell a field in order to purchase a tractor for the other fields. The codes also speak of selling a field to purchase an ox for plowing and also speak of selling slaves to purchase food for the minor. The guardian may not sell real estate that is distant in order to purchase real estate closer to where he is located; nor can he sell real estate that is of poorer quality to purchase real estate of superior quality, the fear being he may have made a mistake. In all of these instances the guardian will be advised to obtain the consent of the Beit Din. The guardian may purchase for the minor religious objects so that the minor can train to fulfill his religious obligations. Most often there is no obligation on the minor to fulfill these obligations. There is, however, an obligation on the guardian to fulfill the role of the parent to train the minor in the fulfillment of the Torah obligations. He may purchase textbooks and pay tuition for the minor.

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