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GITIN 43

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SUMMARY

It is a Safek if a servant may be sold only for the Knas in the event that he is killed by an ox.
 
Even if a servant who is owned by a Kohen does not have any value he may eat Terumah.
 
It is a Safek if a half servant and half Ben Chorin may be Mekadesh a Bas Yisrael.
 
If a Ben Yisrael says to a Bas Yisrael Heskadesh to half of me it is a valid Kidushin. (1)
 
If a Ben Yisrael is Mekadesh half of a woman it is not a valid Kidushin
 
If an ox kills a half servant and half Ben Chorin the owner pays half of the Knas to the master and half of the Kofer to the inheritors of the servant.
 
If a servant is gored by an ox the Knas is only paid once the servant dies from his injury.
 
It is a Machlokes Amora'im if a Ben Yisrael may be Mekadesh a half maidservant and half Bas Chorin. (2)
 
A person does not merit understanding Divrei Torah properly without first stumbling over them.
 
R. Yishmael holds that a Shifchah Charufah is a Shifchah Kena'anis who is reserved for an Eved Ivri.
 
If a half maidservant and half Bas Chorin is Niskadesh to Reuven and after she is freed she is Niskadesh to Shimon, she may do Yibum with Levi because she is not regarded as the wife of two Mesim. (3)
 
If a half maidservant and half Bas Chorin is Niskadesh to Reuven and after she is freed she is Niskadesh to Shimon, it is Machlokes Amora'im if her first Kidushin was dispelled when she is freed or if it was completed.
 
R. Yochanan Ben Nuri holds that a woman is also obligated in the Mitzvah of Peru u'Rvu.
 
If a master sells his servant to a Nochri or to Chutz la'Aretz the servant goes free. (4)
 
A servant that was sold to a Nochri requires a Get Shichrur unless an Ono is written which states that when he runs away from the Nochri that I will not have any claim on you.
 
If a servant is used as collateral for a loan from a Nochri he immediately goes free.
 
The produce that is taken by a sharecropper from the Nochriish owner or by someone who leased land from a Nochri is Patur from Ma'aser. (5)
 
If produce from a field is used as collateral for a loan from a Nochri it is Patur from Ma'aser.

A BIT MORE

1 Since a man can be Mekadesh more than one woman what he is saying is that I want to reserve the right to also be Mekadesh someone else.
 
2.. Even though if a Ben Yisrael is Mekadesh a half of a woman it is not a valid Kidushin that is because he was Mishayer (left over) in his Kinyan, but in this case he is not being Mishayer in his Kinyan.
 
3. Because she is either Niskadesh to Reuven if her Kidushin is dispelled when she is freed or she is Niskadesh to Shimon if her Kidushin is completed when she is freed, but she is definitely not Niskadesh to both.
 
4. The Chachamim penalize him for taking away the opportunity for the servant to do Mitzvos and therefore he must redeem the servant from the Nochri and after the redemption he must free the servant. Similarly if he sells the servant to Chutz la'Aretz he is penalized for forcing the servant to leave Eretz Yisrael.
 
5. This is in accordance with the opinion that a Nochri has a Kinyan in Eretz Yisrael and the produce that grows in his land is Patur from Ma'aser.

BRIEF INSIGHT

CHILDREN OF A TEREIFAH
 
If an ox kills a half servant and half Ben Chorin the owner pays half of the Knas to the master and half of the Kofer to the servant.
 
The Gemara originally wants to explain this Beraisa that the servant was gored by an ox and he was rendered into a Tereifah and the Knas is paid to the servant himself. The Pri Chadash proves from this statement that a Tereifah is unable to bear children, because if it was possible for him to bear children the Gemara could have explained the Beraisa more plausibly that after being rendered into a Tereifah and was owed the Knas he was freed and he married a Bas Yisrael and he had children and than he died and the Knas is paid to his inheritors. This is a more plausible explanation because the Beraisa states that the Knas is paid to his inheritors, not to himself. Consequently it must be that a Tereifah cannot have children and therefore the Beraisa could not have been explained in this fashion. (Maharitz Chiyos)

QUICK HALACHAH

SAFEK KIDUSHIN
 
If someone is Mekadesh a woman who is half a maidservant and half Ben Chorin it is not a complete Kidushin until she is freed and once she is freed the Kidushin is completed like the Kidushin of a Ketanah who becomes a Gedolah and another Kidushin is not needed. If someone else is Mekadesh her after she is freed it is a Safek Kidushin to both of them. What is the Shifchah Charufah that is mentioned in the Torah? It is a half maidservant and half Ben Chorin who is Mekudeshes to a Jewish servant. It is a Safek if a half servant and half Ben Chorin may be Mekadesh a Bas Yisrael. (Rambam Hilchos Ishus 4:16, 17)
 

 
If when the maidservant is freed her Kidushin is completed, when someone else is Mekadesh her after she is freed why is she forbidden to the first one? Evidently even if no one else is Mekadesh her after she is freed the Kidushin to the first one is a Safek and he must be Mekadesh her again so that she will definitely be his wife. (Ra'avad)

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