POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) SELLING A SLAVE JUST FOR THE FINE
(a) Question: If one sold his slave only regarding the right to collect the fine if the slave will be gored, is this a valid sale?
1. We can ask according to R. Meir, and according to Chachamim.
2. R. Meir said only that one can acquire something not yet in the world in a case such as Peros of a date tree, which normally come. Here, nothing suggests that the slave will be gored!
i. Even if he is gored, perhaps the owner will admit to the fine and be exempt from paying!
3. Chachamim said only that one cannot acquire something not yet in the world regarding Peros of a date tree, for they are not here yet. Regarding the fine, the slave and oxen are already in the world.
(b) Answer (R. Aba - Beraisa) Question: What do we learn from "one born (to a slave) in his (a Kohen's) house may eat Terumah"? Even a slave bought for money may eat, all the more so, one born to a slave!
1. Answer: One might have thought that just like a slave bought for money must be worth a Perutah, also a slave's child eats Terumah only if he is worth a Perutah. The verse teaches that he eats even if he is not worth anything.
2. Suggestion: This teaches only about the child of a slave. Perhaps a slave bought for money eats Terumah only if he is worth a Perutah!
3. Rejection: "One bought for money and one born to his slave" - just like a slave's child eats Terumah even if he is not worth anything, also a purchased slave.
4. (Culmination of answer): If a slave may be sold for rights to collect the fine (if he will be gored), every slave is worth a Perutah (he may be sold for this)!
(c) Rejection: Really, slaves can be sold for the fine. The case of a worthless slave is a Treifah slave, for whom there is no fine.
(d) Question: Even a Treifah is worth money. He can serve the master!
(e) Answer: The case is, he is also a disgusting leper (and unfit for service).
2) CAN A HALF-SLAVE BE MEKADESH A WOMAN?
(a) Question: If a half-slave was Mekadesh a Bas Yisrael, does it take effect?
1. Suggestion: We can learn from a Yisrael who told a Bas Yisrael 'you are Mekudeshes to half of me'; it takes effect.
2. Rejection: There, she could be married to all of him. (We cannot learn to a half-slave, for a Bas Yisrael cannot marry all of him!)
3. Suggestion: We can learn from a Yisrael who told a Bas Yisrael 'half of you is Mekudeshes to me'; it does not take effect.
4. Rejection: There, he did not try to acquire all of her. (We cannot learn to a half-slave who tried to be Mekadesh an entire woman.)
(b) Answer (Beraisa): If Reuven's ox killed a half-slave, Reuven pays half of the fine to the master, and half the Kofer to the half-slave's heirs.
1. If Kidushin of a half-slave were invalid, (his children would not have lineage from him, and) he would not have any heirs!
(c) Rejection #1 (Rav Ada bar Ahavah): The case is, the ox did not kill the half-slave, it only made him a Treifah. The Beraisa says that the heirs get half the Kofer, i.e. the half-slave himself.
1. Objection #1 (to this rejection - Rava): The Beraisa says 'heirs', you cannot say it means him himself!
2. Objection #2 (Rava): Reish Lakish taught that Kofer is paid only after the victim dies.
(d) Rejection #2 (of Answer (b) - Rava): The Beraisa means that Kofer should be paid to the heirs, but there are no heirs.
3) KIDUSHIN OF A HALF-SHIFCHAH
(a) Answer #2 (Rava): Just like a Yisrael who half-is Mekadesh a Bas Yisrael, this does not take effect, also Kidushin of a half-Shifchah does not take effect.
(b) Rabah bar Rav Huna taught this same law.
(c) Objection (Rav Chisda): You cannot learn from half-Kidushin, in which he did not try to acquire all of her; to (full) Kidushin of a half-Shifchah!
(d) Rabah bar Rav Huna: "This stumbling under your hand" - one understands words of Torah only after stumbling in them! (I erred; now, I understand.)
1. Rather, even though half-Kidushin of a Bas Yisrael does not take effect, Kidushin of a half-Shifchah takes effect.
2. This is because in the former case, he did not try to acquire all of her. In the latter case, he did.
(e) (Rav Sheshes): Just like half-Kidushin of a Bas Yisrael does not take effect, also Kidushin of a half-Shifchah does not take effect.
(f) Suggestion: We should learn differently from a Beraisa!
1. (Beraisa): The Shifchah Charufah the Torah discusses is a half-Shifchah Mekudeshes to an Eved Ivri (Yisrael slave).
2. This shows that she can be Mekudeshes!
(g) Rejection (Rav Sheshes): R. Yishmael says that the Shifchah Charufah is a (full) Shifchah Mekudeshes to a Yisrael slave.
1. Clearly a Shifchah cannot be Mekudeshes. You must say that he says 'Mekudeshes', but he means 'designated';
2. We can say the same according to the opinion that she is a half-Shifchah 'Mekudeshes' to an Eved Ivri!
(h) (Rav Chisda): If a half-Shifchah was Mekudeshes to Reuven, then she was freed, and became Mekudeshes to his brother Shimon, and Reuven and Shimon died, she does Yibum (or Chalitzah) with their brother. She is not considered the widow of two brothers (who does not do Yibum).
1. If you will say that Reuven's Kidushin took effect, Shimon's Kidushin did not!
2. If you will say that Shimon's Kidushin took effect, Reuven's Kidushin did not!
(i) (Rav Yosef bar Chama citing Rav Nachman): If a half-Shifchah was Mekudeshes to Reuven, she was freed, and became Mekudeshes to David, Reuven's Kidushin is uprooted;
(j) (R. Zeira citing Rav Nachman): Reuven's Kidushin becomes full Kidushin.
(k) Support (R. Zeira, for himself): "They (a Shifchah Charufah and the man who had Bi'ah with her) will not die, for she was not freed" - this implies that had she been freed, they would be killed (for she is fully Mekudeshes)!
(l) Rejection (Abaye): Tana d'Vei R. Yishmael says that a Shifchah Charufah is a (full) Shifchah Mekudeshes to an Eved Ivri. He cannot say that had she been freed, they would be killed!
1. Rather, he must explain that had she been freed and then became Mekudeshes, she and the man who had Bi'ah with her would be killed.
2. We can say the same according to the opinion that a Shifchah Charufah is a half-Shifchah!
(m) (Rav Huna bar Ketina): A case occurred in which Chachamim forced the owner of a half-Shifchah to free her.
(n) Suggestion: This is like R. Yochanan ben Brokah, who says that "be fruitful and multiply" is a Mitzvah for both men and women. (They freed her to enable her to marry. Even if she may be Charufah to an Eved Ivri, this is only when Yovel applies, and normally only a sinner becomes an Eved Ivri
(o) Rejection (Rav Nachman bar Yitzchak): No, they forced him to free her because men were sinning with her.
4) ONE WHO SELLS HIS SLAVE TO A NOCHRI OR TO CHUTZ LA'ARETZ
(a) (Mishnah): If one sells his slave to a Nochri or to Chutz La'aretz, the slave becomes free.
(b) (Gemara - Beraisa): If one sells his slave to a Nochri, the slave becomes free, and needs a Get of freedom from his master who sold him;
(c) R. Shimon ben Gamliel says, this applies only if his Ono was not written. If it was written, it serves as his Get of freedom.
(d) Question: What is an Ono?
(e) Answer (Rav Sheshes): It is a document saying 'when you flee from your new master, I have nothing to do with you.'
(f) (Beraisa #1): A Yisrael borrowed from a Nochri (Tony), and used his slave as collateral, once Tony makes Nimuso on him, the slave goes free.
(g) Question: What is Nimuso?
(h) Answer #1 (Rav Huna bar Yehudah): It is a neck brace identifying that he is Tony's slave.
(i) Objection (Rav Sheshes - Beraisa #2): The produce of a Nochri's field is exempt from Ma'aser in all these cases:
1. Reuven is a regular or hereditary sharecropper working it;
2. Reuven is renting it;
3. The field is collateral for a loan that Reuven gave the Nochri, even though he made Nimuso on it.
i. A neck brace does not apply to a field!
(j) Answer #2 (Rav Sheshes): Nimuso means a date (after which the collateral will be collected as payment of the loan).
(k) Question: In Beraisa #1, setting a date makes it considered a sale. In Beraisa #2, it does not!
(l) Answer #1: It is considered a sale only after the date arrives.
(m) Objection: If (in Beraisa #1) the date has arrived, obviously, it is like a sale!
(n) Answer #2: In both Beraisos, the date did not arrive. (Rashi - regarding a slave, when the date arrives he will be fully sold (so it is considered a sale once the date is set). Regarding a field, only the Peros will be sold when the date arrives, so the field is not considered sold to the Yisrael. Tosfos - the slave himself is already by the Nochri, and cannot keep the Mitzvos, so it is as if he was already sold. Regarding a field, the Yisrael gets only the Peros; the field itself always belongs to the Nochri.)