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KIDUSHIN 20

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SUMMARY

A maidservant may be sold to Pesulim (such as a Mamzer or Nasin).
 
R. Eliezer holds that a maidservant may be sold to relatives while the Rabanan disagree. (1)
 
According to one Tana a maidservant may be sold to her grandfather because the son may do Yi'ud since it is permitted to marry the daughter of a brother. (2)
 
A Jewish servant does not go free if his limb is severed by his master.
 
The master may not give a Nochri maidservant to his Jewish servant who is not already married.
 
A Jewish servant may buy his freedom by subtracting from his original purchase or present day value, whichever is less. (3)
 
If the servant appreciates in value he buys his freedom in accordance with the purchase price not the present day price.
 
A Jewish servant must be wined and dined by his master with the same foods drinks that the master eats and drinks himself. (4)
 
A person who engages in commerce with fruit of Shevi'is will end up selling his movable property and than his land and than his home.
 
If he continues to engage in commerce he will sell his daughter as a maidservant and than he will borrow with Ribis.
 
If he continues to engage in commerce he will sell himself as a servant until he reaches the point that he sells himself to an Avodah Zarah.
 
When a person transgresses an Aveirah twice it appears to him as if it is permissible.
 
It is better to sell one's daughter for a maidservant than to borrow with Ribis.
 
When a person is Makdish a Sedeh Achuzah (inherited field) he may not redeem it in parts.
 
A person is not sold for a Geneivah if his value as a servant is more than the value of the Geneivah.
 
It is a Safek if a Jewish servant may buy his freedom in parts.
 
R. Shimon holds that a person who sells a house in a walled city may borrow money and redeem the house and he may redeem the house in parts.
 
When a person is Makdish a Sedeh Achuzah if he does not redeem it is given to the Kohanim at Yovel.
 
A person who sells a house in a walled city may only redeem the house within a year.

A BIT MORE

1. The Rabanan hold that she may not be sold to relatives since they cannot do Yi'ud.
 
2. This Tana holds like the Rabanan that she may not be sold to relatives who cannot do Yi'ud, however if the son can do Yi'ud she may be sold.
 
3. The buy out price is the purchase price minus the years that he already worked. If the servant has devalued from his purchase price we subtract the years that he worked in accordance with his present day value.
 
4. When someone buys a servant he is buying a master for himself.

BRIEF INSIGHT

COMMERCE WITH SHEVI'IS
 
Rebbi Yosi Bar Chanina says that the dust of Shevi'is is very stringent. A person who engages in commerce with fruit of Shevi'is will end up selling his movable property and than his land and than his home. Tosfos explains that the principle prohibition of Shevi'is is working the land, such as plowing and planting, while commerce with the fruit of Shevi'is is only an Aseh and therefore it is called the dust of Shevi'is. The punishment of being forced to sell one's property is Midah Keneged Midah for the transgression of commerce. Some Mefarshim explain that Galus is the punishment for transgressing Shevi'is and Klal Yisrael was exiled 70 years in Galus Bavel because they transgressed 70 Shevi'is. Therefore for transgressing the dust of Shevi'is the punishment is akin to Galus and one is forced to sell his property and his home and find a new place to live.

QUICK HALACHAH

A NOCHRI MAIDSERVANT
 
A Jewish servant is only permitted to marry a Nochri maidservant if he has a Jewish wife and he has children, but if he does not have a wife and children he may not marry a Nochri maidservant. This is learned from our tradition that even if the servant is a Kohen he may marry a Nochri maidservant. (Rambam Hilchos Avadim 6:9)

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