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GITIN 12

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SUMMARY

Even a poor person must leave Pe'ah in his field for other poor people.
 
A person can tell his servant to work for his Mezonos and if he does not make enough to provide for his needs the master is Patur. (1)
 
If a person tells his servant to work for his own Mezonos and the servant makes more than what he needs, the extra belong to the master.
 
If a husband tells his wife to work for her own needs and she does not make enough to provide for her needs the husband must provide the difference.
 
R. Shimon Ben Gamliel says that a servant may demand from his master at a time of famine to either provide Mezonos for him or free him. (2)
 
If someone provides Mezonos for his servant and he is Makdish the hands of his servant, the servant may borrow money for his Mezonos and work and pay back the money less than a Perutah at a time. (3)
 
If the master does not provide Mezonos for his servant he may not be Makdish the hands of his servant.
 
Rav holds that a person may not tell his servant to work for him if he does not provide for him Mezonos, but R. Yochanan argues.
 
R. Yochanan says that if somebody cuts off the hand of a servant he must give the Sheves to the master and the servant will support himself from Tzedakah. (4)
 
The Refu'ah is used to cure the servant, but the surplus Refu'ah is given to the master. (5)
 
A servant of a Kohen who ran away and a wife of a Kohen who rebelled on her husband may continue to eat Terumah.

A BIT MORE

1. Even if the servant was exiled to an Ir Miklat and is unable to provide for his own needs the master is Patur from providing Mezonos.
 
2. The master told the servant to work for his Mezonos and provide for himself and since it is a time of famine he is unable to provide for himself. The servant may demand that the master free him so that people will have mercy on him and provide for him. The Chachamim argue with R. Shimon Ben Gamliel however, and they hold that people will have just as much mercy for a servant as they do for a Ben Chorin and they will provide for him even if the master does not free him.
 
3. He may borrow money for extra Mezonos and pay it back less than a Perutah at a time because Hekdesh is not Chal on less than a Perutah.
 
4. The Nezek and Tza'ar also are given to the master.
 
5. If the evaluation is that it will take five days of Refu'ah to cure the servant and they used an extra painful medicine that cures him in three days the extra money that was saved for the Refu'ah is given to the master.

BRIEF INSIGHT

REFU'AH OF A SERVANT
 
The Gemara says that it is obvious that if someone cuts off the hand of a servant that the money for Refu'ah is used to cure the servant. The Rashash asks why is it so obvious that the money of Refu'ah is not given to the master. According to R. Yochanan the master may tell the servant to work for him without receiving Mezonos, even though the servant will die of hunger, so maybe the money for Refu'ah is given to the master even though the servant will not be cured. The Rashash answers that sometimes the money for the Refu'ah is more than the entire value of the servant and it is not right that the master will receive more than his entire value.

QUICK HALACHAH

FEEDING A SERVANT
 
A master may tell a servant, "Work for me and I will not give you Mezonos and instead you can beg or support yourself from Tzedakah," because Klal Yisrael is obligated to support the servants among them. It is permitted to force an Eved Kena'ani to work backbreaking work. However it is a Midas Chasidus and Derech Chachmah to be merciful and Rodef Tzedek and not to overwork a servant and not to cause him distress and to give him food and drinks. The early Chachamim offered the servants from every food item and drink that was served and they gave the servants and animals before they ate and drank themselves. (Rambam Hilchos Avadim 9:7,8)

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