KIDUSHIN 16-17 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

A DOCUMENT CAN ACQUIRE SLAVES

(a)

(Mishnah): With a document...

(b)

Question: What is the source of this?

(c)

Answer (Ula): "If he (a master who married his Amah) will take another wife" equates an Amah to a wife;

1.

Just like a wife can be acquired through a document, also an Amah.

(d)

This is like the opinion that the master writes the document to acquire an Amah.

(e)

Question: According to the opinion that the father writes the document, we cannot learn from here (for it is unlike Kidushin)!

1.

(Rav Huna): The master writes the document to acquire an Amah;

2.

(Rav Chisda): Her father writes it.

(f)

Answer (Rav Acha bar Yakov): "She will not go out like (Kena'ani) slaves go out", but she is acquired like slaves, namely, through a document.

(g)

Question: Perhaps she is acquired like slaves, through Chazakah!

(h)

Answer: "You will bequeath them (Kena'ani slaves) to your children (for an inheritance)." They are acquired as an inheritance (through Chazakah), but others (Yisrael slaves) are not acquired through Chazakah.

(i)

Question: Perhaps they are acquired through a document, but others are not!

(j)

Answer: "She (an Amah) will not go out like slaves", but she is acquired like slaves, through a document.

(k)

Question: Perhaps we learn the other way! "You will bequeath them" teaches that a document does not work, and "she will not go out" teaches that Chazakah works!

(l)

Answer: It is more reasonable to learn that a document works, since it can divorce a Bas Yisrael.

(m)

Question: We should say that Chazakah works, for it can acquire Hefker property!

(n)

Answer #1: We do not find that Chazakah works regarding marriage.

(o)

Answer #2: Since the Torah equated an Amah to a wife, we learn a document, which also acquires a wife (even if the different parties write the documents).

(p)

Question: Rav Huna does not need "she will not go out as slaves go out" to teach that she is acquired through a document. What does he learn from it?

(q)

Answer: This teaches that she does not go free if her master destroys one of her extremal limbs.

1.

Rav Chisda holds that had the Torah wanted to teach only that, it would have said "she will not go out like slaves." It added "like slaves go out", to also teach about their acquisition.

2)

FREEDOM OF SLAVES

(a)

(Mishnah): A slave acquires his freedom through (finishing six) years.

(b)

We learn from "six years he will work; in the seventh..."

(c)

(Mishnah): And in Yovel.

(d)

We learn from "until the Yovel year he will work with you."

(e)

(Mishnah): Through paying his reduced redemption (according to the years he worked).

(f)

(Chizkiyah): "She will be redeemed" teaches that her redemption is reduced, and she goes free.

(g)

(Beraisa): A slave can acquire himself through money, Shavah Kesef or a document.

1.

We learn about money from "from the money of his purchase."

2.

We learn about Shavah Kesef from "he will return his redemption", which includes Shavah Kesef.

(h)

Question: What is the case of the document?

1.

Suggestion: The slave wrote a document saying that he owes his redemption to his master.

2.

Rejection: This is redemption through money!

(i)

Answer: Rather, it is a Get of freedom.

(j)

Question: Why is a document needed? The master can simply say in front of two witnesses, or in front of Beis Din, 'go'!

(k)

Inference (Rava): Since the Tana considers a document to be a method of freedom, this implies that it is not enough to say 'go'. This shows that an Eved Ivri is acquired bodily to his master (not just his earnings);

1.

Therefore, the master cannot pardon the servitude. A Get of freedom is needed.

3)

HOW AN AMAH GOES FREE

(a)

(Mishnah): An Amah acquires herself in these ways (like an Eved Ivri), or through Simanim (of Na'arus).

(b)

(Reish Lakish): A Kal va'Chomer teaches that an Amah acquires herself when her father dies.

1.

Simanim do not remove her from her father's jurisdiction, but it frees her from her master. Death of her father makes her leave her father's jurisdiction. All the more so it frees her from her master!

(c)

Question (R. Hoshaya - Mishnah): An Amah acquires herself in these ways, or through Simanim.

(d)

Answer #1: The Tana omitted some cases.

1.

Question: (He would not omit only one case.) What else did he omit?

2.

Answer: He omitted death of the master.

3.

Rejection: That is not an omission, for it applies also to male slaves!

(e)

Answer #2: Rather, the Tana omitted death of the father because it varies (when he will die). He listed only ways that are fixed.

1.

Question: Simanim are not fixed (when she will grow hairs)!

2.

Answer (Rav Safra): Although they might not come for a long time, there is a lower limit:

16b----------------------------------------16b

i.

(Beraisa): If a boy no more than nine years old that grew two hairs, they are Shuma (not Simanim of adulthood);

ii.

If a child (the Gemara in Nidah explains that this clause discusses a girl) between nine and 12 grew two hairs, they are Shuma;

iii.

Rebbi Yosi says, they are Simanim (if she still has them when she is 12);

iv.

If a boy above 13 grew two hairs, they are Simanim.

(f)

Question (Rav Sheshes - Beraisa - R. Shimon): Gifts are given to slaves who go free in any of four ways. Three apply to men, and three to women. We cannot find four in either gender, because men do not go free at adulthood, and a woman cannot be Nirtza'as.

1.

According to Reish Lakish, R. Shimon should include an Amah who goes free when her father dies!

(g)

Answer #1: The Tana omitted this case.

(h)

Rejection: The Tana said there are (only) four!

(i)

Answer #2: The Tana omitted death of the father because it varies. He listed only ways that are fixed.

1.

Question #1: Simanim are not fixed, yet R. Shimon taught them!

2.

Answer: We answer like Rav Safra did (although there is no upper limit, there is a lower limit).

3.

Question #2: Death of the master is not fixed, yet R. Shimon taught it! (This is the way that applies only to a male.)

4.

Answer: No. The four ways are: six years; Yovel; a Nirtza who leaves in Yovel; and a girl who leaves through Simanim.

i.

Support: He said that you cannot find four ways regarding a woman. If he includes death of the master, there are four ways regarding a woman!

(j)

Question (Rav Amram - Beraisa): These receive gifts (when they go free): one who leaves after six years, in Yovel, when the master dies, or an Amah who becomes a Na'arah.

1.

According to Reish Lakish, the Tana should also list death of the father!

(k)

Answer #1: The Tana omitted this case.

(l)

Rejection: The Tana said 'these' (are the only cases)!

(m)

Answer #2: The Tana listed only ways that are fixed.

1.

Question #1: Simanim are not fixed, yet the Tana taught them!

2.

Answer: We answer like Rav Safra did.

3.

Question #2: Death of the master is not fixed, yet the Tana taught it!

4.

Reish Lakish is refuted.

(n)

Question: Reish Lakish had a Kal va'Chomer. Why is he wrong?

(o)

Answer: There is an objection to the Kal va'Chomer. She goes free through Simanim because her body changed (she became a Na'arah). This does not apply to death of the father.

4)

WHO GETS THE GIFTS

(a)

(Beraisa #1): An Eved Ivri or Amah Ivriyah keeps his or her own gifts;

(b)

Contradiction (Beraisa #2): The gifts and Metzi'os (Hefker objects that she finds) of an Amah belong to her father. The master is compensated for the time she ceased to work to take the Metzi'ah.

1.

Suggestion: In Beraisa #1 she left through Simanim, and in Beraisa #2 she left through death of her father.

(c)

Answer: No, in both cases, she left through Simanim;

1.

In Beraisa #1 she left after her father's death. In Beraisa #2 she left in her father's lifetime.

(d)

(Beraisa #1): An Amah keeps her own gifts.

1.

This teaches that her brothers do not get them.

2.

(Beraisa): "You will bequeath them (Kena'ani slaves) to your children", but you do not bequeath your daughters to your sons.

i.

This teaches that sons do not inherit privileges that their father had in his daughter.

(e)

Question: Why did Beraisa #1 teach that a male Eved Ivri keeps his own gifts? Who else would get them?!

(f)

Answer #1 (Rav Yosef): Indeed, we learn nothing from these words.

(g)

Answer #2 (Abaye): The Beraisa is like Tutai.

1.

(Beraisa - Tutai): "(The gifts go) to him (the slave)", and not to his creditor. (Normally, a creditor may take money owed to the one who owes him, like R. Nasan taught.)

5)

WHICH SLAVES GET GIFTS?

(a)

(Beraisa): The following receive gifts: one who leaves after six years; in Yovel; when the master dies; and an Amah who brought Simanim;

1.

A slave who runs away or is redeemed does not receive gifts;

(b)

R. Meir says, a slave who runs away gets no gifts, but a slave who is redeemed receives gifts;

(c)

R. Shimon says, four types of slaves receive gifts when they go free. Three apply to men, and three to women. We cannot find four in either gender, because men do not go free through Simanim, and a woman cannot be Nirtza'as.

(d)

Question: What is the Tana'im's source for who receives gifts?

(e)

Answer (Beraisa) Question: Perhaps only a slave who leaves after six years receives gifts! What is the source to include one who leaves in Yovel, when the master dies, or an Amah who brings Simanim?

1.

Answer: We learn from the repetition "you will send him... when you will send him."

2.

Suggestion: Perhaps we include even one who runs away, or is redeemed!

3.

Rejection: "When you will send him free from you" - gifts are only when you (the master) send the slave. This excludes these cases, in which you did not send him.

4.

R. Meir says, one who runs away gets no gifts, for the master did not send him. One who is redeemed gets gifts, for the master sends him (by receiving the money).

(f)

Question: Why would we think that one who flees gets gifts? He must complete his service!

1.

(Beraisa): "Six years he will serve you" teaches that a slave who flees must complete his term;

2.

Suggestion: Perhaps even if a slave was ill, he must complete his term!

3.

Rejection: "In the seventh year he will leave" teaches that this is not so.

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