1)MUST YI'UD BE POSSIBLE?
(a)Question: Why is a verse needed? A Kal va'Chomer teaches this!
1.If he can sell her to Pesulim, all the more so to relatives!
(b)Answer: That is not a Kal va'Chomer. He can sell her to Pesulim, because they can do Yi'ud (albeit it is forbidden);
1.This does not show that she can be sold to relatives, who cannot do Yi'ud even b'Di'eved!
2.Therefore, we need "for an Amah."
(c)R. Meir used "for an Amah" to teach about a stipulation not to do Yi'ud. He holds that she can be sold to Pesulim, like R. Eliezer learns;
1.He holds that she cannot be sold to relatives, like Chachamim (18b).
(d)(Beraisa #1): A man can sell his daughter to his father, but not to his son;
(e)(Beraisa #2): He cannot sell her to his father nor to his son.
(f)Question: Granted, Beraisa #2 is like Chachamim.
1.However, Beraisa #1 is not like R. Eliezer, nor like Chachamim!
(g)Answer: It is like Chachamim. They agree that a girl can be sold as long as the master or his son could do Yi'ud. (She can be sold to her grandfather, for she can marry his son (her uncle). She cannot be sold to her brother, for she is forbidden to him and his son (her nephew).)
2)A SLAVE LEAVES LIKE HE ENTERED
(a)(Beraisa): "If he (an Eved Ivri) enters b'Gapo, he will leave b'Gapo" - if he enters b'Gufo (with his body), he will leave b'Gufo;
(b)R. Eliezer ben Yakov says, if he entered single, he will leave single.
(c)Question: What does it mean 'if he enters b'Gufo, he will leave b'Gufo'?
(d)Answer (Rava): This teaches that he does not go free if the master destroys one of his limbs, unlike a (Kena'ani) slave.
(e)Question (Abaye): We know that from "He will not leave as (Kena'ani) slaves"!
(f)Answer: Had to written only that verse, one might have thought that he receives payment for the lost limb and leaves (whereas Kena'ani slaves leave without payment). Our verse teaches that he does not go free at all.
(g)Question: R. Eliezer ben Yakov said 'if he entered single, he will leave single.' What does this mean?
(h)Answer (Rav Nachman bar Yitzchak): His master can mate him with a Shifchah only if the slave entered with a wife and children.
3)THE REDEMPTION PRICE
(a)(Beraisa): If a slave was sold for 100, and later his value rose to 200, his redemption is based on his purchase price (he pays according to the remaining years at the rate of 100 for six years);
1.We learn this from "from the money of his purchase."
(b)If he was sold for 200, and his value went down to 100, his redemption is based on his current value (he pays for the remaining years at the rate of 100 for six years);
1.We learn this from "according to his years."
(c)These verses refer to a slave sold to a Nochri. Since relatives are commanded to redeem him, we are lenient.
(d)Question: What is the source the same applies when he is sold to a Yisrael?
(e)Answer: We learn from a Gezeirah Shavah "Sachir-Sachir'.
(f)Question: We could have expounded the above verses stringently (that we always calculate from the higher value). What is the source to be lenient?
(g)Answer (Abaye): Since the Torah demands nice treatment of the slave, it is also lenient about redemption.
1."It is good for him with you" regarding food and drink;
2.The master cannot enjoy food, drink, or sleeping accommodations of higher quality than his slave.
3.Buying an Eved Ivri is like buying a master!
(h)Question: Perhaps that is so the slave will not suffer, but we are stringent about redemption, because he became a slave due to sin!
1.Beraisa (Rebbi Yosi b'Rebbi Chanina): Light transgressions of Shemitah are punished very heavily!
2.One who does business with Peros Shemitah will be forced to sell his Metaltelim (movable objects);
i.It says "in the Yovel year... when you will sell... from the hand of your fellow man." This refers to Metaltelim, which are sold from hand to hand;
3.If he does not feel (that he is being punished), he will need to sell his fields - "when your brother will wax poor and sell from his inheritance".
4.He will not understand (to repent) until he sells his house - "when he will sell a house".
i.Question: Why did the Tana first say 'if he does not feel', and then 'he will not understand'?
ii.Answer: This is like Rav Huna taught, that once one repeats a sin, it becomes permitted to him.
iii.Objection: That cannot be!
iv.Answer: Rather, it becomes permitted in his eyes (so surely, he will not understand)..
5.He will not understand until he sells his daughter - "when a man will sell his daughter".
i.Even though this verse is not in this Parshah, the Tana brings it before the verse of borrowing with Ribis (interest), to teach that it is better to sell one's daughter than to borrow with Ribis.
ii.Question: What is the reason?
iii.Answer: The redemption of one's daughter decreases over time. Eventually, she goes free (for free). A loan with Ribis keeps increasing.
6.He will not understand until he borrows with Ribis - "when your brother will wax poor...do not take from him Ribis."
7.He will not understand until he sells himself - "when your brother will wax poor and be sold to you";
i.Not only will he be sold to you (a Yisrael), but even to a Ger - "to a Ger";
ii."Ger" does not refer to a convert, rather a Nochri who observes his seven Mitzvos - "Ger Toshav";
iii.He will be sold even to a Nochri who that does not observes his Mitzvos - "the family of a Ger".
iv.He will be sold even to service idolatry - "l'Eker".
(i)Answer (Abaye): The Torah later instructs us to have mercy on him.
1.Beraisa (Tana d'Vei R. Yishmael) Suggestion: If one sold himself to be a servant of idolatry, perhaps we do not redeem him!
2.Rejection: "There will be redemption for him."
(j)Question: Perhaps he is redeemed lest he be drawn after the idolaters, but we are stringent about the redemption price, because he sinned!
(k)Answer (Rav Nachman bar Yitzchak): It says "if there is multitude in years (remaining)", and also "if there is sparseness in years (remaining)".
1.Question: Can a year be big or small?! (Rashi (Erchin 30b) explains this way.)
2.Answer: Rather, if his value increased, the redemption is based on the purchase price. If his value decreased, the redemption is based on his current value.
(l)Question: We should say that if he worked two years, and four (many) remain, he pays for the four years according to his purchase price, but if he worked four years, and two (few) remain, he pays for the two years according to his current value!
(m)Answer: If so, it should have said "if many years remain" and "if few years remain";
1.Rather, it says "in years", to teach like above.
(a)Question (Rav Huna bar Chinena): If one sold himself to a Nochri, can he be partially redeemed?
1.Do we learn a Gezeirah Shavah "Ge'ulaso-Ge'ulaso" from an inherited field?
i.Just like an inherited field cannot be partially redeemed, also a slave sold to a Nochri!
2.Or, perhaps partial redemption applies when this is a leniency?
(b)Answer (Rav Sheshes): We expounded "he will be sold" - entirely, not partially. Likewise, we expound "he will be redeemed" - entirely, not partially.
(c)(Abaye): If we would say that he can be partially redeemed, this could be a leniency or a stringency.
1.It is a leniency when a slave was sold for 100, paid 50 to be half-redeemed, and rose in value to 200. If partial redemption works, he need pay only another 100 to compete redemption. If partial redemption does not work, he must pay another 150.
2.Objection: We learned that if a slave's value increases, he is redeemed according to his purchase price (whether or not partial redemption works, he need pay only another 50)!
3.Correction: Rather, the leniency is when he was sold for 200, decreased in value to 100, paid 50 to be half-redeemed, and rose in value to 200. (If partial redemption works, he need pay only another 100 to compete redemption. If it does not work, he must pay another 150.)
4.It is a stringency when a slave was sold for 200, paid 100 to be half-redeemed, and decreased in value to 100. If partial redemption works, he must pay another 50 to compete redemption. If it does not work, it is as if the 100 were a deposit with his master. This suffices to redeem him now!
(d)Question (Rav Huna bar Chinena): If one sold a house in a walled city, can he partially redeem it?
1.Do we learn a Gezeirah Shavah "Ge'ulaso-Ge'ulaso" from an inherited field?
i.Just like an inherited field cannot be partially redeemed, also a house in a walled city!
2.Or, perhaps there the Torah said that partial redemption does not work, but here it did not say so (so it works)?
(e)Answer (Rav Sheshes): We learn from R. Shimon that he may borrow money to redeem the house, and he may partially redeem it.
1.(Beraisa): "Redeem, if he will redeem" - the repetition teaches that one may borrow money to redeem his field from Hekdesh, and he may partially redeem it;
2.R. Shimon says, this is because if one sold his field and does not redeem it before Yovel, it reverts to him in Yovel. Therefore, the Torah restricts him. He may not borrow to redeem it, nor partially redeem it;
i.If one was Makdish his field and does not redeem it before Yovel, it is given to the Kohanim. Therefore, he may borrow to redeem it, or partially redeem it.
3.(Culmination of answer): Similarly, if one sold his house and does not redeem it within a full year, he loses the right to redeem it. Therefore, he may borrow to redeem it, and partially redeem it.
(f)Question (Beraisa #1): "Redeem, if he will redeem" - the repetition teaches that one may borrow money to redeem his field from Hekdesh, and he may partially redeem it;
1.Suggestion: A Kal va'Chomer should teach this! One who sells his field has great privileges. If he does not redeem it before Yovel, it reverts to him in Yovel. Still, he may not borrow to redeem it, nor partially redeem it;
i.One who makes his field Hekdesh has less privileges. If he does not redeem it before Yovel, it is given to the Kohanim. All the more so, he should not be allowed to borrow to redeem it, and to partially redeem it!
2.Question: You cannot learn from one who sells his field, for he has no rights of redemption within the first two years. One who was Makdish his field can redeem it immediately!
3.Answer: We learn from one who sells his house (in a walled city). Even though he can redeem it immediately, he may not borrow to redeem it or partially redeem it!