brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
|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.|
If a servant runs away and subsequently goes free with Yovel he does not receive Hana'akah
If a servant is ill and is unable to work for three of the six years of his servitude he is not obligated to make up the time that he missed.
If a servant is ill and is unable to work for four years of the six years of his servitude he is obligated to make up the time that he missed. (1)
R. Meir holds that a servant must be given for his Hana'akah five Sela'im each from sheep, grain and wine. (2)
Rebbi Yehudah holds that a servant must be given for his Hana'akah thirty Sela'im and R. Shimon holds he is given fifty.
When a Gezeirah Shavah may be learned out from one of two places we learn out from the place of the lesser Chiyuv. (3)
R. Shimon says that the Hana'akah may be paid from anything other than money, while R. Eliezer Ben Yakov says it may be paid from anything other than mules. (4)
The Tana Kama says that the Hana'akah must be paid even if the house was not blessed from the presence of the servant, however if the house was blessed the servant shall be given a more generous Hana'akah. (5)
R. Eliezer Ben Azaryah says that if the house was not blessed from the presence of the servant he does not receive Hana'akah.
If the master of a Jewish servant dies, if he has a son the servant serves the son, but if he only has a daughter the servant does not serve the daughter.
A maidservant, a Nirtzah and a servant who was sold to a Nochri does not even serve the son if the master dies.
If a son redeems the Sedeh Achuzah that his father was Makdish it remains in his hands even after Yovel. (6)
A maidservant receives Hana'akah and she may not become a Nirtzah.
A Nochri inherits his father Min ha'Torah.
A Ger inherits his father mid'Rabanan because of the concern that if he will not inherit him he will revert back to his old ways.
If a Nochri and a Ger inherit their father who is a Nochri the Ger may tell the Nochri you take Avodah Zarah and I will take money, or you take the Yayin Nesech and I will take fruit. (7)
If a Nochri and a Ger are partners the Ger may not trade the Avodah Zarah or Yayin Nesech for money or fruit.
A Nochri and a Ger do not inherit their father who is a Ger.
If a person borrows money from a Ger whose children were Misgayer with if the Ger dies he is not obligated to return the money to the sons.
A BIT MORE
1. If he did some light work during that time, such as needlework, he is not obligated to make it up.
2. The master may give less from one type and more from another as long as altogether he gives the servant fifteen Sela'im.
3 Because Tafasta Merubah Lo Tafasta, Tafasta Mu'at Tafasta (if one grabs too much it will not be effective, if one grabs less it will be effective).
4. R. Shimon holds that money is not regarded as a Berachah, while R. Eliezer Ben Yakov holds that mules are not regarded as a Berachah.
5. The more the house was blessed from the presence of the servant, the more generous the Hana'akah shall be.
6. A Sedeh Achuzah that is redeemed by someone other than the owner is given to the Kohanim at Yovel, however if the original owner or his son redeems the Sedeh Achuzah they hold on to it even after Yovel.
7. It is forbidden to trade Avodah Zarah or Yayin Nesech because they are forbidden b'Hana'ah, however since a Ger only inherits his father mid'Rabanan it is not in his possession until he brings it into his Reshus, therefore he may trade his rights to the Avodah Zarah or Yayin Nesech as long as he had not yet brought it into his possession.
A SCHOOL TEACHER WHO MISSED TIME
If a servant is ill and is unable to work for up to three of the six years of his servitude he is not obligated to make up the time that he missed. Tosfos says that some opinions hold that the same is true with a teacher of children who was ill for half of his term that he receives all of his wages. However, Tosfos disagrees and he says that a regular worker may not be compared in any way to a servant. The master has a Kinyan in the Guf of the servant and therefore the payment is for the Kinyan on the Guf and if he is physically unable to work for up to three years the payment is not subtracted. However, a regular worker is paid for the work that he does and if he fails to do the work even if it was the result of an Ones he does not receive payment.
AN ILL SERVANT
If a Jewish servant was ill whether his illness was all at one time, or at different times, if all together his illnesses were for a period of less than four years he does not have to make up the time that he missed. However, if his illnesses added up to a period of four years he must make up the time, but at Yovel he goes free even if he hadn't yet made up the time. He only has to make up the time if he was unable to do any work at all during his illness, however if he was able to do light work, such as needlework, he does not have to make up the time. (Rambam Hilchos Avadim 2:5)
Next Daf Index to Revach for Maseches Kidushin