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1) ACQUIRING ON BEHALF OF OTHERS (cont.)

(a) Objection #1 (Ameimar): Perhaps all agree that one who seizes property from a borrower on behalf of a lender does not acquire for him.

1. R. Eliezer only says that one can acquire Pe'ah for a poor man, because even a rich man could declare his property ownerless, making himself poor, and he could take it for himself;

i. Since he could take the Pe'ah for himself, he may take it for another.

(b) Objection #2 (Ameimar): Perhaps all agree that one who seizes property from a borrower on behalf of a lender acquires for him.

1. Chachamim only say that one cannot acquire Pe'ah for a poor man, because it says "Do not gather, for the poor (you will leave it)" - we expound, do not gather for a poor man.
2. Question: What does R. Eliezer learn from "Do not gather, for the poor"?
3. Answer: This warns a poor man not to gather Pe'ah of his own field.

(a) (Mishnah): If a man does not want to feed ...

1. We infer, a man is allowed to tell his (Kana'ani) slave, 'Work for me and I will not feed you'.
2. Rejection: No - the case is, the master told him, 'Feed yourself from your earnings'.
3. Question: The corresponding case by his wife is that he told her 'Feed yourself from your earnings' - why did the Mishnah say that he must feed his wife?
4. Answer: The case is, her earnings do not suffice for her food.
5. Question: The case of the slave should also be, his earnings do not suffice for his food!
6. Answer: One has no obligation to feed a slave that eats more than the value of his work.

(b) (Beraisa): A slave was exiled to a refuge city (for having killed unintentionally) - his master need not feed him, but his earnings go to his master.

1. We infer, a man is allowed to tell his (Kana'ani) slave, 'Work for me and I will not feed you'.
2. Rejection: No - the case is, his master told him, 'Feed yourself from your earnings'.
3. Question: If so, why does the Beraisa say that his earnings go to his master?
4. Answer: The excess earnings (above the cost of his food) go to his master.
5. Question: This is obvious!
6. Answer: One might have thought, since the master does not give the slave at times when the slave lacks, he does not take from the slave when the slave has extra - we hear, this is not so.

(c) Question: If the law is true in general, why does the Beraisa speak of a slave in exile?
(d) Answer: It says, "He will live" -one might have thought, one must take extra efforts to ensure his livelihood - we hear, this is not so.
(e) Question: But end of the Beraisa says, a wife was exiled to a refuge city - her husband must feed her - it must be, he did not tell her to feed herself from her earnings.

1. Since the end of the Beraisa is when he did not tell her, also in the beginning of the Beraisa he did not tell his slave!

(f) Answer: Really, he told them; he must feed his wife when she cannot feed herself from her earnings.
(g) Question: But the Beraisa continues, if he told his wife to feed herself from her earnings, he is allowed - this implies, before this, the case is that he did not say this!
(h) Answer: The Beraisa says thusly: if she earns enough to feed herself, he is allowed to tell her to feed herself from her earnings.
(i) Question: If she can earn enough, this is obvious!
(j) Answer: One might have thought, because "The honor of the king's daughter is (to stay) inside", she need not work and he must feed her - we hear, this is not so.
(k) Suggestion: Tana'im argue whether a master can tell his slave 'Work for me and I will not feed you'.

1. (Beraisa - R. Shimon ben Gamliel): In years of famine, a slave can tell his master, 'Feed me or free me'; Chachamim say, the master need not comply;
2. Suggestion: Chachamim hold, a master can say 'Work for me and I will not feed you'; R. Shimon ben Gamliel says, he cannot.
3. Question #1: If so, (according to R. Shimon ben Gamliel) why does the slave request food or freedom - his claim should be 'Feed me or give me my earnings towards my food'!
4. Question #2: If so, why does the Beraisa speak specifically of famine years?
5. Answer (To both questions): The case is, his master said 'Feed yourself from your earnings' - in famine years, the slave's earnings do not suffice.

i. R. Shimon ben Gamliel holds, if he will not feed him, he must free him, so people will have mercy on him and feed him.
ii. Chachamim hold, whoever has mercy to feed a free man will also have mercy to feed a slave.

(a) (Rav): One who makes Hekdesh his slave's hands, the slave borrows money for food, and pays up the debt through his earnings.

1. We infer, a man is allowed to tell his slave, 'Work for me and I will not feed you'.

(b) Rejection: No - the case is, his master is feeding him.
(c) Question: If so, why does the slave borrow to eat?

(d) Answer: For extra food.
(e) Question: (The treasurer of) Hekdesh should tell him - until now, you managed with standard rations - now also, that suffices for you!
(f) Answer: It is beneficial for Hekdesh that he eats extra, his value will increase.
(g) Question: How can he pay his debt through his earnings - every bit of money, as he earns it, becomes Hekdesh!
(h) Answer: He pays from his earnings bit by bit, before his earnings accumulate to a Perutah.
(i) We can prove that the case is that the master is feeding him.

1. (Rav): One who makes his slave's hands Hekdesh, the slave works and eats what he earns - if he will not work, who will feed him?!
2. We can resolve the contradiction in Rav's 2 teachings by saying that in the former, the master feeds him; in the latter, he does not.

(j) Question: But if you will say that in the first teaching, the master does not feed him, because a master can say 'Work for me and I will not feed you' - why does the second teaching say, 'Who will feed him' - whoever wants to will feed him!

1. Rather, we conclude, Rav holds that he cannot say 'Work for me and I will not feed you'.

(k) (R. Yochanan): Reuven cut off the hand of Shimon's slave - Reuven compensates Shimon for the loss of earnings and the medical expenses; the slave is fed from Tzedakah.

1. R. Yochanan must hold, a master can say 'Work for me and I will not feed you'.
2. Rejection: No - the case is, the master is feeding him.
3. Question: If so, why is the slave fed from Tzedakah?
4. Answer: For extra food.
5. Objection: If so, it should say he is financed from Tzedakah!
6. Rather, R. Yochanan must hold, a master can say 'Work for me and I will not feed you'.

(l) Question: R. Yochanan said, Shimon receives the compensation for the loss of earnings and the medical expenses - obviously, he gets the compensation for the loss of earnings!
(m) Answer: Yes, it was only taught by way of teaching the medical expenses.
(n) Question: The medical expenses should go to the slave, he must heal himself!
(o) Answer: The case is, the doctors estimated that he needs 5 days of treatment; they gave him a potent (but painful) drug which healed him in 3 days.

1. One might have thought, the savings goes to the slave, since it came through his pain - we hear, it goes to the master.

(a) (Beraisa - R. Elazar): We told R. Meir - a slave benefits by going free!

1. R. Meir: No, it is disadvantageous for him - if his master was a Kohen, freedom disqualifies him from eating Terumah.
2. Chachamim: But the master can say that he will not feed him!
3. R. Meir: A Kohen's slave that fled, or a Kohen's wife that rebels on him - they eat Terumah, but not a freed slave!

i. But it is disadvantageous for a wife to be divorced, for she is disqualified from Terumah and ceases to be fed.

(b) Question: How do we understand this dialogue between R. Meir and Chachamim?
(c) Answer: R. Meir admitted - you refuted my proof from food - what can you answer regarding Terumah?

1. Suggestion: If you will say, the master could throw a Get at the slave (and divorce him against his will), and disqualify him from Terumah - the slave could run away!
2. A Kohen's slave that fled, or a Kohen's wife that rebelled, may eat Terumah, but a freed slave may not!
3. Question: R. Meir's argument is sound - why didn't Chachamim agree?
4. Answer (Rava): The Mishnah records their answer - because he is the money of the Kohen, the master may sell him to a Yisrael for a small amount and disqualify the slave from Terumah, wherever the slave is.