KIDUSHIN 15 - Ari Kornfeld has generously sponsored the Dafyomi publications for thIs Daf for the benefit of Klal Yisrael.

1)

ALL CAN LEARN THE GEZEIRAH SHAVAH

(a)

Question #2: How do Chachamim learn about piercing the ear?

(b)

Answer: "His master will bore through his ear with an awl", and not through the ear of one who sold himself.

(c)

R. Elazar uses the verse for a Gezeirah Shavah:

1.

(Beraisa - R. Elazar) Question: What is the source that the right ear is pierced?

2.

Answer: It says "Ozen" here, and regarding a Metzora. Just like there it refers to (putting blood and oil on) the right ear, also here.

3.

Chachamim: If it were written only for the Gezeirah Shavah, it would say "Ozen". Rather, it says "Ozno (his ear)", to exclude the ear of one who sold himself.

4.

R. Elazar: "His ear" excludes an Amah from becoming a Nirtza'as.

5.

Chachamim: We learn that from "if the (male) slave will say", not a female slave.

6.

R. Elazar: "The slave" teaches that he must say (that he wants to remain a slave) before his six years end.

7.

Chachamim: The extra 'Hei' (the slave) teaches that.

8.

R. Elazar does not expound the 'Hei'.

(d)

Question #3: How do Chachamim learn about gifts?

(e)

Answer: "You will give a gift to him", not to one who sold himself.

(f)

R. Elazar holds that this teaches that you give to him, not to his heirs.

(g)

Objection: Why shouldn't his heirs receive the gifts? The Torah calls the slave a worker!

1.

Just like a worker's heirs inherit his wages, a slave's heirs inherit the gifts due to him!

(h)

Retraction: Rather, R. Elazar learns from the verse that we do not give the gifts to his creditor.

1.

Normally, R. Nasan's law applies. This is an exception.

2.

Beraisa (R. Nasan): "He will give to the one he sinned against" - if Reuven owes Shimon, and Shimon owes Levi, we take from Reuven to pay Levi.

3.

Chachamim disagree with R. Nasan (so no verse is needed to teach that his law does not apply here).

(i)

Question #4: How do Chachamim learn about mating the slave with a Shifchah?

(j)

Answer: "If his master will give him a wife", but he may not give to one who sold himself.

(k)

R. Elazar holds that the verse teaches that the master can force the slave to have children through her.

(l)

Chachamim learn this from another verse:

1.

(Beraisa): "For he worked twice as much as a hired worker" - workers work only by day, but an Eved Ivri works also at night.

2.

Question: That cannot be! "It is good for him with you" - he (even) eats and drinks as well as you! (Surely, he does not work day and night!)

3.

Answer (R. Yitzchak): Rather, the master mates him with a Shifchah.

4.

R. Elazar: That verse does not prove that the master can force the slave. (We need "if his master will give him a wife" to teach this.)

2)

WHO DOES NOT LEARN THE GEZEIRAH SHAVAH?

(a)

Question (from Daf 14b, 4:a): Which Tana does not learn the Gezeirah Shavah?

(b)

Answer #2: The Tana of the following Beraisa does not.

1.

(Beraisa #1 - R. Eliezer ben Yakov) Question: "He will return to his family (in Yovel)" - whom does this discuss?

i.

It does not discuss one who sold himself. This was already taught!

ii.

It does not discuss a Nirtza. This was already taught!

2.

Answer: Rather, it is a slave sold by Beis Din less than six years before Yovel.

i.

If R. Eliezer ben Yakov learned the Gezeirah Shavah, he would not need a verse. He would learn from one who sold himself!

(c)

Rejection (Rav Nachman bar Yitzchak): Really, he learns the Gezeirah Shavah. Still, a verse is needed;

1.

One might have thought that one who sold himself goes free (in Yovel), since he did not transgress, but one sold by Beis Din (for stealing) is fined and does not go free. The verse teaches that this is not so.

(d)

Question: Where did the Torah teach that Nirtza goes free?

(e)

Answer (Beraisa #2) Question: "A man will return to his inheritance, and to his family (in Yovel)" - whom does this discuss?

1.

It does not discuss one who sold himself. This was already taught!

2.

It does not discuss one sold by Beis Din. This was already taught!

(f)

Answer: Rather, it discusses one who became a Nirtza less than six years before Yovel. It teaches that he goes free in Yovel.

(g)

Question: How does the verse connote this? (Perhaps this verse discusses one sold by Beis Din, and "he will return to his family", in Beraisa #1, discusses a Nirtza!)

(h)

Answer (Rava bar Shilo): "A man" alludes to something that applies to a man, not a woman, namely, a Nirtza.

(i)

The Torah needed to teach about one sold by Beis Din, and about a Nirtza;

1.

Had it taught only that one sold by Beis Din goes free, one might have thought that that is because he did not desire to stay past his term (but a Nirtza would not go free);

2.

Had it taught only that a Nirtza goes free, one might have thought that that is because he already served six years (but one sold by Beis Din would not go free).

(j)

The Torah needed to write "(a Nirtza) will return (in Yovel)", and also "(a Nirtza will serve) forever".

1.

Had it written only "forever", one might have thought that he never goes free.

2.

Had it written only "(he) will return (in Yovel)", one might have thought that this is only if Yovel was within six years of becoming a Nirtza; but the extra years of a Nirtza would never exceed his initial term (he would go free after another six years). Therefore, it says that he serves forever, i.e. until Yovel.

(k)

Answer #3 (to Question (a)): Rebbi does not learn the Gezeirah Shavah.

15b----------------------------------------15b

1.

(Beraisa - Rebbi): "If he (one sold to a Nochri) will not be redeemed through these (relatives)" - he is redeemed (goes free) through relatives, but not through serving six years.

2.

One might have thought to learn from a Kal va'Chomer. If one sold himself to a Yisrael, the Torah did not say that his relatives redeem him, but it says that he goes free after six years;

i.

If one sold himself to a Nochri, the Torah says that his relatives redeem him, all the more so he should go free after six years!

ii.

"Through these" shows that this is not so.

3.

Summation of answer: If Rebbi learned the Gezeirah Shavah, he would not say that one who sells himself to a Yisrael is not redeemed by relatives. He would learn from the Gezeirah Shavah that he is!

(l)

Rejection (Rav Nachman bar Yitzchak): Really, Rebbi learns the Gezeirah Shavah, but the Torah said "he will redeem him (one sold to a Nochri)", and not one sold to a Yisrael.

3)

REDEMPTION THROUGH RELATIVES

(a)

Question: Which Tana'im argue with Rebbi?

(b)

Answer: Rebbi Yosi ha'Glili and R. Akiva disagree:

1.

(Beraisa - Rebbi Yosi ha'Glili): "(If) he will not be redeemed with these" - if relatives redeem him, he goes free. If a stranger redeems him, he serves the stranger;

2.

R. Akiva says, if relatives redeem him, he serves them. If a stranger redeems him, he goes free.

(c)

Question: What is Rebbi Yosi ha'Glili's reason?

(d)

Answer #1: Rebbi Yosi ha'Glili learns from "if he will not be redeemed through these", rather, through another, "he will go free in Yovel".

1.

R. Akiva disagrees. He explains "if he will not be redeemed", Ela (only) "through these, he will go free in Yovel."

(e)

Objection: The verse does not say 'only'!

(f)

Answer #2: Rather, they argue the following. "Or his uncle...will redeem him" refers to redemption through relatives. "Or he will attain (money to redeem himself)" is redemption through himself. "And he will be redeemed" is redemption through others;

1.

Rebbi Yosi ha'Glili says that the middle of the verse teaches about the beginning. Just like he goes free when he redeems himself, also when relatives redeem him;

2.

R. Akiva says that the middle of the verse teaches about the end: just like he goes free when he redeems himself, also when strangers redeem him.

3.

Question: If so, why did the Torah need to write "through these" (from which R. Akiva derived that if he is redeemed through strangers, he goes free)?

4.

Answer: One might have thought that the middle of the verse teaches about the beginning and the end, and he goes free whether he is redeemed through relatives or strangers. "Through these" teaches that this is not so.

(g)

Question: It is more reasonable to learn like Rebbi Yosi ha'Glili, that "through these" teaches that he goes free when redeemed by relatives! (R. Akiva needed to say it is as if it says 'only'.)

(h)

Answer #3: They argue based on reasoning:

1.

Rebbi Yosi ha'Glili holds that he serves strangers who redeem him. If not, they would not redeem him!

2.

R. Akiva holds that he serves relatives who redeem him. If not, a man would be quick to sell himself to a Nochri, confident that his relatives will redeem him!

(i)

(R. Chiya bar Aba): Chachamim disagree with Rebbi Yosi ha'Glili and R. Akiva. Chachamim say that he goes free whether he is redeemed through relatives or strangers.

(j)

Question: Who are the Chachamim?

(k)

Answer: They hold like Rebbi, who expounds "through these" differently (to teach that he does not go free after six years;

1.

The middle of the verse "or his uncle...or he will attain" teaches about the beginning and the end.

(l)

Question: What does Rebbi learn from "he will go free in Yovel" (since he goes free immediately, no matter who redeems him)?

(m)

Answer (Beraisa): (If he is not redeemed,) "he will go free in Yovel." This discusses a Nochri under our control.

(n)

Suggestion: Perhaps it applies even if he is not under our control!

(o)

Rejection: If so, the slave will go free only when his master wants to free him!

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