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GITIN 44

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SUMMARY

If a servant is taken by a Nochri as payment for a Chov or if he is taken by Sikrokin (murderers) he does not go free.
 
If produce is used to pay off a Chov the Ma'aser must first be separated.
 
If produced is taken from him without any payment the Ma'aser does not have to be separated.
 
If a servant is sold to a Nochriish Parhang (a person who starts up with Jews and makes false claims) the servant goes free. (1)
 
If a servant is sold to a Nochri for thirty days it is a Safek if the servant goes free.
 
If a servant is sold to a Nochri with the exception of Melachah, or with the exception of Mitzvos, or with the exception of Shabbos and Yom Tov it is a Safek if the servant goes free.
 
If a servant is sold to a Ger Toshav he goes free; if he is sold to a Yisrael Mumar or a Kusi it is a Safek if he goes free.
 
If a servant allows himself to be captured by a Nochriish army it is permitted to take money for him and to have a Shtar written and signed by a Nochriish court. (2)
 
It is forbidden to sell a house in Eretz Yisrael to a Nochri. (3)
 
If a house is forcibly taken by Nochris and it is impossible to get it back it is permitted to take money for it and to have a Shtar written and signed by a Nochriish court.
 
A person who sells a servant to a Nochri must redeem him up for up to 100 times his value; or according to a second version up to 10 times his value.
 
A person who sells a Behemah Gasah to a Nochri must buy back the animal up for up to 10 times his value or according to a second version up to 100 times his value. (4)
 
If the father sells his servant to a Nochri and than he dies the son does not have to redeem him from the Nochri.
 

 
If someone deliberately causes a Mum in a Bechor he may not slaughter it and it is a Safek if this Knas applies to the son if the father dies.
 
If someone deliberately leaves his work for Chol ha'Mo'ed he may not do the work even if it is a Davar ha'Avud. (5)
 
If someone picks up twigs from his Karka on Shevi'is he may plant the land on Motza'ei Shevi'is. (6)
 
If someone fertilizes his land on Shevi'is he may not plant the land on Motza'ei Shevi'is, but if he dies his son may plant the land.
 
If someone sells his servant to Chutz la'Aretz he goes free and the buyer must give him a Get Shichrur.
 
R. Shimon Ben Gamliel says that if he says that I am selling the servant to an Antuki, if the Antuki owns a house in Eretz Yisrael the servant does not go free. (7)
 
If a woman brings in a servant for her dowry to a Chasan who lives in Chutz la'Aretz it is a Safek if the servant goes free.
 
It is a Machlokes if a husband who divorces his wife must give back the objects of the Nichsei Tzon Barzel (dowry) or if he may only give back the value.
 
If a servant follows his master to Syria and the master sells him to Chutz la'Aretz, if the master planned on going back to Eretz Yisrael the servant goes out free.
 
A master may not force his servant to move with him to Chutz la'Aretz.

A BIT MORE

1. Although he was forced to give something to the Parhang in order to get him off his back, however he should have given him something other than the servant.
 
2. Although it is forbidden to sell a servant to Nochris if it is impossible to be get the servant back from the army who captured him it is permitted to take money for him.
 
3. The Pasuk says Lo Tichanem and Chazal explains that we shall not give a Nochri Chaniyah (a place) in Eretz Yisrael.
 
4. The Rabanan made a Gezeirah prohibiting to sell a Behemah Gasah to a Nochri because of the concern that one may rent or lend or give it to a Nochri for a trial and the Nochri may work with the Behemah on Shabbos which is forbidden since the Behemah is still owned by the Jew.
 
5. If he dies the son is not penalized and he is allowed to do the work on Chol ha'Mo'ed.
 
6. Because the Isur that he did is only forbidden mid'Rabanan.
 
7. If he has a place to stay in Eretz Yisrael and he says that I am selling the servant to an Antuki who lives in Lod the servant does not go free.

BRIEF INSIGHT

300 SHEKALIM
 
A person who sells a servant to a Nochri must redeem him up for up to 100 times his value or according to a second version up to 10 times his value. Rabeinu Bachyeh says that it was for that reason Yosef gave Binyamin 300 Kesef and he did not give the money to any of the other Shevatim. The value of a servant is 30 Shekalim because that is the amount that is paid to the owner if the servant is killed by an ox and since the Shevatim sold him to Nochris they should be penalized ten times his value.

QUICK HALACHAH

KNAS CHACHAMIM
 
If a person who sells a servant to a Nochri he goes out free and the master shall be forced to buy him back from the Nochri up for up to 10 times his value and he shall write him a Get Shichrur. If the Nochri is not willing to sell him for even 10 times the value the owner is not obligated to do more. This Knas is only collected and judged by a Beis Din of Mumchim. If the master dies the inheritors are not forced to redeem him from the Nochri. (Rambam Hilchos Avadim 8:1)
 
Only a Knas that is written in the Torah requires a Beis Din Mumchim but a Knas Chachamim does not require a Beis Din Mumchim. (Kesef Mishneh in the name of the Rosh)

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