por algo en especial la pregunta de la mujer que entra bienes al matrimonio trae los casos de AVADIM (esclavos) y SHEFAJOS (esclavas)? con que diga AVADIM solamente no era lo mismo? hay alguna diferencia practica con SHEFAJOS?
hernan goldemberg, jerusalem
Free translation of question:
Why does it state that the wife brought into the marriage both AVADIM and SHEFACHOS? Why is it not sufficient to say that she brought in AVADIM?
ANSWER:
1. The simple answer is that in reality Avadim and Shefachos have the identical Din, and it was not strictly necessary for Rebbi Yirmiyah to mention both, but he only did so for the sake of completeness.
The proof that it was not in fact essential to mention Shefachos is from the MEIRI, TUR YD end #267 and the SHACH YD 267:11 who only mention Avadim when they cite the Din of the Gemara, so one sees that there is actually no difference between Avadim and Shefachos.
2. However, I could give a different answer, more in the way of Derash. This is based on the RAMBAM, HILCHOS MELACHIM 5:9 who writes that it is always forbidden to leave Eretz Yisrael with the exception of 4 reasons: (a) to learn Torah (b) to get married (c) to rescue from the Nochrim (d) to conduct trade.
Since one is allowed to leave Eretz Yisrael to get married, one might have thought that if the wife brought both Avadim and Shefachos into the marriage, this would certainly not fall under the prohibition of selling Avadim to Chutz la'Aretz (and would be preferable to bringing in only Avadim), because they are now permitted to leave since they will get married to each other in Chutz la'Aretz, if the husband who is from Bavel, returns home.
The reason that in fact it is no better if she contibuted both Avadim and Shefachos, is because if the Avadim and Shefachos were going to get married to each other they could just as easily do so in Eretz Yisrael. In other words, if you can find a wife just as easily in Eretz Yisrael, you have no Heter to leave. Therefore R. Yirmyah raised the question that even though she contributed both Avadim and Shefachos, it could be that since they have no Heter to leave, this means that the wife bringing them into the marriage with the husband from Bavel, is equivalent to selling her slaves to Chutz la'Aretz, which is forbidden.
KOL TUV
D. Bloom