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GITIN 40

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SUMMARY

If the master marries off his servant to a Bas Chorin the servant goes out free.
 
If the master gives a Shtar Kidushin to his maidservant and he says go out with it an be Mekadesh me with it, R. Meir says that she is Mekudeshes. (1)
 
The Rabanan says she is not Mekudeshes because the Lashon in a Shtar Kidushin is not a Lashon of Shichrur.
 
If the master places Tefilin on his servants he goes free.
 
If the servant lends money to his master, or if the master appoints him the guardian of his property, or if he puts on Tefilin or reads three Pesukim in the Beis Keneses in front of his master he does not go out free.
 
R. Dimi says that if the master says at the time of his death not to enslave his servant we force the inheritors to free herm. (2)
 
If someone says prior to his death that Koras Ru'ach shall be given to my maidservant we force the inheritors give her Koras Ru'ach. (3)
 
Ameimar says that if someone is Mafkir his servant the servant may never go free because a Shtar Shichrur is not effective if there is only an Isur without a monetary Shibud.
 
According to a second version of Ameimar if someone is Mafkir his servant and than he dies the servant may never go free. (4)
 
If the master writes in a Shtar Shichrur I made my servant into a Ben Chorin, or he should be a Ben Chorin, or Harei Hu Ben Chorin it is an effective Lashon for Shichrur.
 
If the master writes in a Shtar Shichrur I will make my servant into a Ben Chorin, Rebbi says that it is an effective Lashon for Shichrur and the Chachamim argue.
 
If a person writes in a Shtar Matanah I gave a certain field to Ploni or a certain field shall be given to Ploni, or Harei Hu Shelo it is an effective Lashon for a Matanah.
 
If a person writes in a Shtar Matanah I will give a certain field to Ploni, R. Meir says that it is an effective Lashon for a Matanah and the Chachamim argue.
 
If someone says that I made my servant a Ben Chorin even if the servant denies it he free because we suspect that the he was Mezakeh the Shtar to him with a third party.
 
If someone says that I gave a field to Ploni even if the recipient denies it the gift is his because we suspect that the he was Mezakeh to Shtar to him with a third party
 
If he says that I gave the Shtar to my servant or he says that I gave a Shtar Matanah to Ploni if the recipient denies it Hoda'as Ba'al Din is like a hundred witnesses and it is not a Shichrur or Matanah. (5)
 
If a master makes his servant collateral for a loan and than he frees him the Rabanan decreed that the master must write for him a Get Shichrur and the servant must write a Shtar for his value.
 
R. Shimon Ben Gamliel says that the master who freed him must write a Shtar for his value.
 
Hekdesh, Chametz and Shichrur remove a Shibud.

A BIT MORE

1. R. Meir holds that the Lashon in a Shtar Kidushin is also a Lashon Shichrur.
 
2. R. Ami and R. Asi argue because they hold that even though they may not enslave her, they may keep her so that she will breed more servants.
 
3. Rashi says that if she does not have Koras Ru'ach without being freed they must free her.
 
4. Because at the time of death the only thing that is left is an Isur without a monetary Shibud and a person cannot inherit an Isur.
 
.5. The giver of the gift may eat the fruit of the field as long as the recipient is alive but if the recipient died and the son says that he didn't receive it he may not eat the fruit because maybe witnesses will testify that he gave him the field

BRIEF INSIGHT

KORAS RU'ACH
 
If someone says prior to his death that his maidservant gave him Koras Ru'ach and he wants that Koras Ru'ach shall be given to her we force the inheritors to give her Koras Ru'ach. Rashi says that if she does not have Koras Ru'ach without being freed they must free her. However the Rif says that the Koras Ru'ach does not include freeing the maidservant, rather the Koras Ru'ach that they must do for her is that if she does not want to do certain strenuous jobs they may not force her. (Rambam Hilchos Avadim 8:17)

QUICK HALACHAH

A FREED SERVANT
 
If the master marries off his servant to a Bas Chorin or puts Tefilin on his head or instructs him to read 3 Pesukim from a Sefer Torah in front of the Tzibur or anything else that only A Ben Chorin is Chayav he goes out free and we force the master to write for him a Get Shichrur. (Rambam Hilchos Avadim 8:17)

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