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GITIN 39

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SUMMARY

If someone is Makdish himself he may work and eat because he was only Makdish his value. (1)
 
If someone is Makdish his servant there is no Chiyuv Korban Me'ilah R. Shimon Ben Gamliel holds that there is a Chiyuv Korban Me'ilah for deriving benefit from the hair. (2)
 
R. Meir says that if someone claims that I gave you ten loaded grapevines and the other litigant responds that it was only five he is Chayav a Shevu'as Modeh b'Miktzas.(3)
 
The Chachamim hold that it is not necessary for him to make a Shevu'ah because anything attached to the Karka shares the status of Karka. (4)
 
R. Yochanan says that if someone is Mafkir his servant he goes free and a Get Shichrur is required.
 
If a Ger dies without leaving any inheritors his servants are Koneh themselves and they go out free.
 
Abba Shaul says that only the servants who are Gedolim go out free, not the servants who are Ketanim.
 
Ameimar says that if someone frees his servant and than he dies the servant may not marry a Shifchah op a Bas Chorin. (5)
 
Rebbi says that if the mater is Meyaesh from his servant he may only marry a Bas Chorin if he receives a Shtar Shichrur. (6)
 
It is a Machlokes Tana'im if a servant pays for his own redemption if he goes free and may marry a Bas Chorin.
 
R. Nachman holds that if a Shechiv Mera gives his servant a hat and says take the hat and be Koneh yourself it is not a Shichrur. (7)
 
R. Nachman holds that a utensil belonging to the Koneh is required for a Kinyan Chalipin.

A BIT MORE

1 He must give his value to Hekdesh. This is in accordance with the opinion of R. Meir who holds that a person is not Motzi Devarim l'Vatalah and since he knows that he cannot be Makdish himself he instead wants to be Makdish his value.
 
2.Both Tana'im hold that if someone is Makdish his servant he is Kodesh to be sold and therefore the concept of Me'ilah applies, however a servant is like Karka and there is no Chiyuv for a Korban Me'ilah if someone benefits from Karka. the Tana Kama holds that there is also no Chiyuv Me'ilah for the hair and R. Shimon Ben Gamliel holds that if the hair is ready to be cut off it is no longer like Karka and there is a Chiyuv Me'ilah.
 
3. Even though there is a Klal that a person does not have to swear for a claim of Karka, however the grapes are ready to be harvested and therefore it no longer shares the status of Karka.
 
4. Even if the grapes are ready to be harvested it shares the status of Karka according to the Chachamim.
 
5. Since he is partially free he cannot marry a maidservant, but he cannot be completely free without receiving a Shtar Shichrur and he no longer has a master to give him a Shtar Shichrur and consequently he cannot marry a Bas Chorin either.
 
6. When the master is Meya'esh it is the same as Hefker and Rebbi holds that when someone is Mafkir his servant a Get Shichrur is required because a servant is compared to a woman who may only get remarried if she receives a Get.
 
7. According to Rebbi a servant goes free with a Kinyan Chalipin just like he goes free with a Kinyan Kesef, however according to R. Nachman a utensil belonging to the Koneh is required for a Kinyan Chalipin.

BRIEF INSIGHT

SHEVU'AS MODEH B'MIKTZAS
 
R. Meir says that if someone claims that I gave you ten loaded grapevines and the other litigant responds s that it was only five he is Chayav a Shevu'as Modeh b'Miktzas. The Chachamim hold that it is not necessary for him to make a Shevu'ah because anything attached to the Karka shares the status of Karka. The Ritva says that if the grapes are completely ripe and will start to rot if it is left in the ground even the Chachamim agree that it no longer shares the status of Karka. If the grapes are ripe but they will improve if they remain in the ground even R. Meir agrees that it has the status of the Karka. The Machlokes between them is when the grapes are ripe but they will not start to rot yet if they are left in the ground. Even though the Gemara states that the Machlokes is when the grapes will get worst if they are left in the ground, the meaning of the Gemara is that if it will be left for a while longer it will start to rot but it is not yet ready to rot.

QUICK HALACHAH

KINYAN OF AN EVED
 
An Eved Kena'ani may be acquired in five ways and he may Koneh himself in three ways. He may be acquired with Kesef, Shtar, Chazakah, Chalipin or Meshichah and he may Koneh himself with Kesef, Shtar or Roshei Eivarim. An Eved Katan shares the status of an animal and he may be acquired with Meshichah like an animal. How does a servant acquire himself with Kesef? If someone gives his master money and he says that he is giving the money on condition that the servant shall go out free, as soon as the master receives the money or something that is worth money the servant goes out free. It is not necessary for the servant to be aware of it because it is a merit for the servant and a person can be Zocheh for someone without his knowledge. (Rambam Hilchos Avadim 5:1, 2)

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