REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
GITIN 38

Ask A
Question

SUMMARY

A Nochri can be Koneh the handiwork of a Yisrael and certainly the handiwork of his fellow Nochri both with Kesef and Chazakah. (1)
 
Although Klal Yisrael was not allowed to capture land directly from Amon and Mo'av, but after the land was captured by Sichon it became permitted to them. (2)
 
A servant who runs away from jail goes free and we force the master to give him a Shtar Shichrur.
 
R. Shimon Ben Gamliel says that a servant who was captured and redeemed remains a servant even if he was redeemed l'Shem Ben Chorin.
 
R. Yochanan says that the Halachah follows R. Shimon Ben Gamliel every time his opinion is mentioned in the Mishnah with three exceptions.
 
The Nochris regard Jewish animals more than their own wives. (3)
 
Rebbi Yehudah says that anyone who frees his servant transgresses a Mitzvas Aseh.
 
Ravina says that if failing to free a servant results in a Michshol for others it is permitted to free the servant.
 
It is permitted to free a servant for the purposes of a Mitzvah.
 
R. Yishmael holds that it is a Reshus to keep a servant enslaved forever but R. Akiva holds that it is a Chovah.
 
For the wrongdoings of freeing servants, surveying land on Shabbos and eating the Se'udah during the time for the Shi'ur in the Beis ha'Midrash, rich people lose their money.
 
There were two families in Yerushalayim one of them was Kovei'ah Se'udah on Erev Shabbos and one was Kovei'ah Se'udah on Shabbos and they were both uprooted.
 
Rav says that if someone is Makdish his servant he goes free because his meant that he shall be part of the Am Kodesh. (4)
 
Rav says that if someone is Mafkir his Eved he goes free, but he needs a Get Shichrur and Shmuel holds that no Get Shichrur is needed.
 
If someone is Makdish his property he Gizbar of Hekdesh may not free the servants and instead he must sell them to others, Rebbi holds that the Eved may buy himself from Hekdesh. (5)

A BIT MORE

1. However a Nochri cannot be Koneh the body of a servant, only the handiwork
 
2. When Sichon captured Amon and Mo'av it was permitted for Klal Yisrael to capture that land from Sichon even though it originally belonged to Amon and Mo'av
 
3. This is true only in private but publicly they scorn anything Jewish.
 
4. Since he cannot be Makdish the body of the Eved and he didn't say that he is being Makdish him to be sold he must have meant that he shall be part of the Am Kodesh, however a Get Shichrur is required in order to permit him to marry a Bas Yisrael.
 
5. These Tana'im hold that the intention of a person who is Makdish his Eved is that he shall be Kadosh to be sold. They argue with Rav who says that when someone is Makdish his servants they go free.

BRIEF INSIGHT

NOT DESERVING OF WEALTH
 
For the wrongdoings of freeing servants, surveying land on Shabbos and eating the Se'udah during the time for the Shi'ur in the Beis ha'Midrash, rich people lose their money. Why are these three wrongdoings punished with a loss of wealth? The Chasam Sofer explains that Chazal teach us that the rich people in Eretz Yisrael merited their wealth because of the Zechus of Ma'aser, the rich people in Bavel merited because they displayed honor to the Torah and the rich in other lands merited with the Zechus of keeping Shabbos. The Ma'aser that was separated by the rich in Eretz Yisrael was used to support the Leviyim and the poor and now instead of being merciful to deserving people they are instead freeing slaves and having mercy on the undeserving. Instead of honoring the Torah they are disgracing the Torah by not attending the Shi'ur in the Beis ha'Midrash. Instead of honoring Shabbos they are surveying their fields and disgracing the Shabbos. Therefore the punishment of a loss of wealth is appropriate.

QUICK HALACHAH

A KINYAN OF A NOCHRI
 
A Nochri who bought a servant is not Koneh his body and he only owns the handiwork, nevertheless if he sells him to a Jew the Jew is Koneh the body of the servant. (Rambam Hilchos Avadim 9:5)
 
Although the Gemara says that when a Nochri sells a servant to a Jew the Jew is only Koneh the handiwork of the servant because the Nochri cannot sell to the Jew what he does not have, however once the servant immerses in the Mikvah l'Shem Avdus the Jew is Koneh the body of the servant. (Kesef Mishneh)

Next Daf

Index to Revach for Maseches Gitin


MAIN GITIN PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links