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|KIDUSHIN 16-17 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.|
It is a Machlokes if the Shtar that is used for the Kinyan of a maidservant is written by the master or by the father
A Nochri servant may be acquired with a Kinyan Chazakah but not a Jewish servant.
A Nochri servant goes free if the master severed one of his limbs but a Jewish servant does not go free as a result of a severed limb.
A Jewish servant may acquire his freedom by means of Kesef, Shaveh Kesef, or with a Shtar Shichrur.
The Guf (body) of a Jewish servant is owned by his master and even if the master is Mochel the money that he has in the servant it is not a Mechilah. (1)
Once the father dies the daughter is in her own Reshus (the brothers do not inherit the rights that the father had in her).
A Jewish maidservant goes free when she develops Simanei Na'arus or upon the death of the master.
If a child develops two hairs under the age of nine it is not a Siman Gadlus.
If a child develops two hairs between the ages of nine and twelve and the hairs remain until the age of twelve it is a Machlokes if they are Simanei Gadlus.
A woman may not become a Nirtzah.
A servant goes out after 6 years or at Yovel.
A Nirtzah goes free at Yovel or with the death of the master.
A Jewish maidservant goes free after six years, at Yovel with Simanim or with the death of the master.
A Jewish servant or maidservant who goes free after 6 years or at Yovel or upon the death of the master or a maidservant upon developing Simanei Na'arus receive Hana'akah.
If the father of a maidservant is alive at the time of that she goes free he receives her Hana'akah.
The father of a maidservant receives her Metzi'ah and the master receives only the amount that it cost him when she stopped her work to pick up the Metzi'ah.
If the father of the maidservant is no longer alive she keeps the Hana'akah for herself. (2)
The Zechus that a father has in his daughter is not inherited by the brothers.
Tutai says that the Hana'akah of a servant may not be taken by a Ba'al Chov. (3)
If the servant runs away he does not receive Hana'akah. (4)
If a servant buys his freedom with Gira'on Kesef it is a Machlokes if he receives Hana'akah.
If a servant runs away he must make up the time that he missed.
A BIT MORE
1. If the master is Mochel the money it is not a Mechilah and he has the right to continue to use the servant unless he wrote a Shtar Shichrur.
2. The brothers do not inherit the right to the Hana'akah of their sister.
3. Tutai holds like R. Nasan who says that a person may collect his debt from the Ba'al Chov of the debtor, however Hana'akah is an exception and the debt may not be collected from the Hana'akah.
4. Even if he goes free with Yovel immediately after he runs away he does not received Hana'akah.
The Beraisa states that the Hana'akah of a maidservant and her Metzi'ah belongs to her father. Rashi says in Kesuvos that the reason why the father has a right to the Metzi'ah of his daughter is because it will cause Eivah (resentment) since he supports her. If so why does he receive the Metzi'ah of a maidservant who is not supported by the father and is supported instead by the master? The Netziv answers that this Beraisa holds of the reason that Rashi gives in Bava Metzia that the Metzi'ah of a daughter belongs to the father because all Shevach Ne'urim (profits made by a Na'arah) belong to the father.
MECHILAH OF A SERVANT
If the Rav is Mochel to the servant the remaining money that he has in him the servant must serve to pay it off it and it is not a Mechilah until he writes a Shtar Shichrur. What is the case? If the master bought him for sixty [Zuz] and he worked for a year or two and than the master says that I am Mochel the remaining money and you are free to go, the servant remains enslaved until he receives a Shtar. (Rambam Hilchos Avadim 2:11)
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