REVACH L'DAF
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SUMMARY
Even if a Yefas To'ar is not nice looking she is permitted
A person may not take more than one Yefas To'ar.
A Kidushin with a Yefas To'ar is valid Kidushin. (1)
A person may not take a Yefas To'ar for someone else.
It is forbidden to have Bi'ah with a Yefas To'ar at the war.
A servant becomes a Nirtzah if he says twice that he loves his master, wife and children, one time prior to the last Perutah of servitude and one time during the last Perutah.
Only if both the master and the servant have a wife and children may the servant become a Nirtzah.
Only if the master and servant love each other may the servant become a Nirtzah.
If the master is ill and not the servant or if the servant is ill and not the master the servant may not become a Nirtzah.
It is a Safek if both the master and servant are ill if the servant may become a Nirtzah.
A Jewish servant must be given the same foods, drinks and mattress that the master treats himself with. (2)
The master must provide Mezonos to the wife and children of his Jewish servant.
For the Retzi'ah of a servant the master must bore a hole through the ear of the servant and into an attached doorpost.
R. Yochanan Ben Zakai says that the Retzi'ah is in the ear because the ear heard on Har Sinai that the Bnei Yisrael shall be servants to Hashem and servants to other servants.
R. Shimon says that the Retzi'ah is done at the do and doorposts because they were witnesses in Mitzrayim that Hashem Yisbarach skipped over the doors and doorposts [of Yisrael]. (3)
A Nochri servant may be bought with Kesef, Shtar or Chazakah.
R. Meir says that a Nochri servant may buy his freedom with Kesef that is given to his master by others or with a Shtar that he accepts himself from his master. (4)
The Chachamim say that that a Nochri servant may buy his freedom with his own Kesef or with a Shtar that was accepted by others. (5)
A Kinyan on a field may be made with Kesef, Shtar, Chazakah, Chalipin or Meshichah. (6)
A Kinyan Chalipin is a valid Kinyan for both Karka and Metaltelin.
A Kinyan Meshichah is a valid Kinyan for Metaltelin but not Karka.
A person may be Koneh a Beheimah Gasah with Mesirah by taking hold of the animal or one of its accessories.
A person may be Koneh a Beheimah with Meshichah by calling out or striking the animal and causing it to move. (7)
A person is Koneh a servant with Chazakah by virtue of the servant doing a task for the master or lifting the master.
R. Shimon says that a person is Koneh a servant with Hagbahah (lifting the servant).
A BIT MORE
1. Even though she is not becoming a Giyores on her volition.
2. Therefore Chazal teach us that when someone buys a servant it is akin to buying a master for himself.
3. Hashem Yisbarach said that the Bnei Yisrael shall be servants to Hashem and not to other servants and He took them from servitude into freedom and this person went and bought a master for himself.
4. The Kesef must be supplied by other because R. Meir holds that any Kesef of the servant belongs to the master.
5. The Chachamim hold that Kesef which is given to the servant on condition that the master has no right to it belongs to the servant and therefore he may buy his freedom with Kesef that was given to him by others.
6. For a Kinyan Meshichah he must physically pull the servant but if he calls out to him and he moves it is not a Meshichah because a servant is a Bar Da'as and he is moving with his own Da'as. However if the servant is a Katan since he does not have Da'as if he calls out to him and he moves it is a Kinyan.
7. The Tana Kama holds that as soon as it picks up and moves a foreleg and hind leg it is a Kinyan and R. Acha holds that it must move at least its body length.
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BRIEF INSIGHT
TAMAR AND AMNON
Rashi says it is forbidden to have Bi'ah with a Yefas To'ar at the war. Tosfos asks if it is forbidden to have relations with her at war and it is only permitted after he brings her into his house and she is Misgayer why is a Yefas To'ar referred to as Basar Temusos (sickly flesh). She is no different that any Giyores! Additionally the Gemara says in Sanhedrin that Tamar the daughter of David was permitted to her brother Amnon because she was the daughter of a Yefas To'ar and David was not regarded as her father since her mother had not yet been Misgayer. According to Rashi it was forbidden for David to have relations with a Yefas To'ar until she is Misgayer and therefore Tamar should have been considered his daughter since her mother was already Misgayer. Therefore R. Tam argues with Rashi and he says that it is permitted to have relations with the Yefas To'ar at war, and therefore Tamar was not the daughter of David since her mother conceived before she was Misgayer. However Tosfos answers the questions on Rashi with the explanation that since a Yefas To'ar is Misgayer against her will she is considered Basar Temusos and that which Tamar was permitted to Amnon is because Tamar was born before the war from a Nochri father and she is only called the daughter of David because she was raised in his house.
QUICK HALACHAH
BOOTY OF WAR
When soldiers at war enter the borders of their enemy and capture their land and take prisoners they are permitted to eat Neveilos and Tereifos and pig meat and the like if they are hungry and cannot find what to eat besides these prohibited items. They are even permitted to drink Yayin Nesech; this is learned from the Pasuk 'And houses filled with all good'- even pig is permitted to them. It is also permitted to have relations with a Nochri if the Yetzer ha'Ra is overpowering. However it is forbidden to simply have Bi'ah; he first must bring her into his house. It is forbidden to be Bo'El her a second time until he marries her (Rambam Hilchos Melachim 8:1, 2)
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