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KIDUSHIN 14

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SUMMARY

A Yavam is Koneh a Yevamah with Bi'ah and not with Kesef or Shtar.
 
A Yavam is Koneh a Yevamah even against her will.
 
Chalitzah must be done in front of a Beis Din of Yisrael and not a Beis Din of Gerim.
 
The bystander of the Chalitzah shall say Beis Chalutz ha'Na'Al- Beis Chalutz ha'Na'Al.
 
A married woman who is Mezaneh is Chayav Chenek but a Yevamah who is Mezaneh only transgresses a Lav.
 
A Get does not free a Yevamah to remarry and Chalitzah does not free a married woman to remarry.
 
A lot is drawn on Yom Kippur to determine the goat that is for Hashem, but it is not determined by a statement that this goat shall be for Hashem
 
A Kan (two birds for a Korban Chatas and Olah) is determined by calling one of them a Chatas and one an Olah, but it is not determined by means of drawing lots.
 
A Get must be written Lishmah and two women may not be divorced with one Get.
 
It is not necessary for a shoe that is used for Chalitzah to belong to the Yavam, but a shoe that is too big to walk with or too small to cover most of his foot or is missing a heel is Pasul.
 
A Jewish servant may be acquired with Kesef or with a Shtar and he reacquires himself after 6 years, or with the advent of Yovel, or with Kesef. (1)
 
A maidservant reacquires herself after 6 years, or with the advent of Yovel, or with Kesef, or upon developing Simanim (two hairs).
 
An Eved Nirtza is acquired with Retzi'ah and he reacquires himself with the advent of Yovel, or with the death of the master.
 
A Nochri is Koneh even movable objects with Kesef, not with Meshichah.
 
The Tana Kama holds that if a Jewish servant sells himself willingly he may be sold for more than 6 years, he may not become an Eved Nirtza, he may not marry a Nochri maidservant and he dies not received Hana'akah. (2)
 
R. Elazar argues with the Tana Kama and he holds that a servant who sells himself shares the same Dinim as a servant who was sold by Beis Din.
 
A Jewish servant does not serve the inheritors of his master (except for the son).

A BIT MORE

1. Whichever one comes first will set him free. When he is Koneh himself with Kesef he subtracts money from the original selling price in accordance with the number of years that he already worked.
 
2. Hana'akah is the gift that is given by the master to the servant upon the completion of his term.

BRIEF INSIGHT

SIX YEARS OR MORE
 
The Tana Kama holds that if a Jewish servant sells himself willingly he may be sold for more than 6 years. Rashi says he may be sold for more than 6 years if they made up at the time of the sale that it was for a period of ten years. The implication in Rashi is that if he is sold Stam the sale is for six years. However, the Ritva disagrees with Rashi and he says that the sale may be for less or more than six years depending on what was made up at the time of the sale however a Stam sale is not for six years.

QUICK HALACHAH

A JEWISH SERVANT
 
A Jewish servant who was sold by Beis Din and a servant who sold himself is acquired with Kesef, Shaveh Kesef, or with a Shtar. If a servant was sold by the Bi'as Din he serves for six years and he goes free in the beginning of the seventh year. If one of the six years is the year of Shemitah he must serve during that year, but if Yovel is one of the years he goes free even if he was sold one year prior to the Yovel. If a servant sold himself he may sell himself for more than six years. If he sold himself for 10 or 20 years and the year of Yovel was after one year he goes out free. (Rambam Hilchos Avadim 2:1, 2, 3)

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