brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
|KIDUSHIN 18 - dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.|
A Nochri inherits his father Min ha'Torah.
Esav was a Yisrael Mumar.
A Jewish servant goes free after 6 years, or at Yovel or with the death of the master. (1)
A Jewish maidservant goes also free upon developing Simanei Na'arus.
If the master or his son is Meya'ed a Jewish maidservant she only goes free with a Get.
A person is not sold as a servant if he can pay for the principle of a Geneivah but not for the Kefel.
A person is not sold as a servant if he is testified that someone stole and he turned out to be an Ed Zomem.
A person is not sold as a servant twice for one Geneivah or twice for two Geneivos from the same person. (2)
R. Eliezer says that a person is not sold even once for a Geneivah if he the Geneivah is worth more than his value as a servant.
If a person stole 500 and he is worth a thousand he is not sold at all.
A Jewish maidservant may be redeemed from her master against the will of her father because of the embarrassment to her family. (3)
A father may accept Kidushin for his daughter twice (if she was widowed or divorced).
A father may accept Kidushin for his daughter after he had sold her for a maidservant, but he may not sell his daughter for a maidservant after he accepts Kidushin for her (if she was widowed or divorced). (4)
It is a Machlokes Tana'im if a father may sell his daughter as a maidservant a second time (after she went free after the first time and she is still a Ketanah).
It is a Machlokes Tana'im is we Darshen in accordance with the way it is read, or the way it is spelled, or both.
It is a Safek if Yi'ud is only an Erusin or it is a Nisu'in. (5)
Once a daughter was a Nesu'ah her father no longer has any Zechus in her.
It is a Machlokes Tana'im if a father may sell his daughter as a maidservant to her relatives. (6)
Everyone agrees that the father may sell his daughter as a maidservant to a Kohen Gadol if she is a widow or to a Kohen if she is a divorcee or a Chalutzah. (7)
Rebbi Yosi Bar Yehudah says that the money that was used for the purchase of a maidservant is not for the Kidushei Yi'ud. (8)
A BIT MORE
1. However if the master dies and he has a son the servant must serve the son.
2. If the price of his servitude does not equal the value of the Geneivos and he is brought to Din for both Geneivos at the same time he is not sold twice.
3. However we do not force the family to redeem a male servant even if it is an embarrassment to his family because he will just sell himself again.
4. R. Eliezer argues and he holds that he may sell her for a maidservant after he accepted Kidushin for her.
5. If it is a Nisu'in he is Zocheh in her inheritance and he may be Metamei to her if he is a Kohen and he may annul her Nedarim.
6. According to the Tana Kama she may not be sold to relatives because the possibility of Yi'ud does not exist.
7. Because although l'Chatchilah it is forbidden to do Yi'ud however b'Di'eved it is a valid Kidushin.
8. The remaining servitude that is still owed to the master is the money that is used for Kidushei Yi'ud.
GOING FREE FROM YI'UD
The Beraisa states that a Jewish servant goes free after 6 years or at Yovel or with the death of the master but a Jewish maidservant does not go free with these things. The Gemara explains that a Jewish maidservant does not go free with these three things if her master did Yi'ud. The Rashash asks that even if her master does Yi'ud she goes free with the death of her master. The Rashash answers that if he dies without children and he has a brother she does not go free, while a Jewish servant goes free if the master dies if he is a Nirtzah (if he is not a Nirtzah he must serve the son if his master dies).
SOLD FOR A GNEIVAH
A man is sold for a Geneivah but not a woman; this Din is from Kabalah (tradition). A Ganav is only sold to pay the principle but not to pay the Kefel or four and five. The Kefel or four and five are a Chov until her can pay them. (Rambam Hilchos Geneivah 3:12)
Next Daf Index to Revach for Maseches Kidushin