Ask A Question on the daf

Previous daf

1) SANCTIFYING A SLAVE

(a) Question (Beraisa): One who makes his slave Hekdesh, the slave works and is fed from the earnings, for only his value was sanctified.
(b) Answer: The Beraisa is like R. Meir, who holds that a person does not say idle words (since he mentioned Hekdesh, he must have intended to give something to Hekdesh. It is stretching things to say that he meant his value, but we must say this.)

1. Support (end of the Beraisa): The same applies to a man that sanctifies himself, he earns and eats, for he only sanctified his own value.
2. We understand this if the Beraisa is like R. Meir.
3. We could understand the beginning of the Beraisa like Chachamim, since a slave has value.
4. The end of the Beraisa cannot be like Chachamim - a free man is not standing to be sold (so it is unreasonable to say he meant his own value).

(c) Suggestion: Tana'im argue regarding Rabah's law.

1. (Beraisa): One who makes his slave Hekdesh, Me'ilah does not apply to one who benefits from the slave;
2. R. Shimon ben Gamliel says, one who benefits from the hair transgresses Me'ilah.
3. Suggestion: R. Shimon ben Gamliel holds that the slave becomes Hekdesh, Chachamim hold that he doesn't.
4. Rejection: If so, why do they argue if there is Me'ilah - they should directly argue whether he is Hekdesh!

(d) Rather, all agree that he becomes Hekdesh (to be sold).

1. Suggestion: On this they argue - Chachamim hold, a slave has the law of land, so Me'ilah does not apply;
2. R. Shimon ben Gamliel holds he is not like land, so there is Me'ilah.
3. Rejection: If so, they should argue regarding the slave - why do they argue regarding his hair?
4. Rather, all agree that slaves are like land; they argue whether hair that is standing to be cut is considered as if it was cut.

i. R. Shimon ben Gamliel holds, it is as if it was cut, Chachamim say, it is not.

(e) Suggestion: They argue like the following Tana'im.

1. (Mishnah - R. Meir): Some things are like land, but are not treated like land. Reuven claims, I entrusted you to guard 10 trees laden with fruit; Shimon admits to 5. Shimon must swear (as one that partially admits to a claim of movable objects);
2. Chachamim say, whatever is connected to land has the law of land (so he does not swear).
3. (R. Yosi bar Chanina): They argue regarding grapes ready to be harvested. R. Meir views them as being harvested, Chachamim view them as if they are not.

(f) Rejection: The Chachamim that say there is no Me'ilah in the hair could even hold like R. Meir.

1. R. Meir only said that ripe grapes are considered to be harvested, because they get worse if left attached; but hair improves if left to grow longer, it is not considered to be cut.

(a) R. Chiya bar Yosef told R. Yochanan of Rav's teaching and this discussion on it.

1. R. Yochanan: Did Rav really say this?
2. Question: Doesn't R. Yochanan agree?

i. (Ula citing R. Yochanan): One who declares his slave to be Hefker, he goes free and needs a Get of freedom.

3. Version #1 - Answer: R. Yochanan was surprised that Rav agrees with him.
4. Version #2 - Answer: R. Chiya bar Yosef did not finish giving Rav's opinion; R. Yochanan thought that Rav does not require a Get of freedom.

i. As Ula said, R. Yochanan holds that a Get is needed.

(b) Question (R. Aba (against Ula) - Beraisa): A convert died, and Yisraelim were taking his property (which becomes Hefker). If the convert owned slaves, adults or minors, they go free;

1. Aba Sha'ul says, adults acquire themselves and become free, but minors become the slaves of whoever takes them.
2. We see, a Get of freedom is not required!

(c) Ula: One who asks such a question does not know how to learn.

1. Question: What is Ula's reason?
2. Answer (Rav Nachman): Ula holds that a convert's slave is like his wife. Just as his wife becomes permitted without a Get when the convert dies, also his slave.
3. Question: If so, we should say the same by the slave of a Yisrael!
4. Answer: Slaves of a Yisrael pass to his heirs - "You will bequeath them to your children".
5. Question: If so, if a Yisrael makes his slave Hefker and dies, the slave should not need a Get (since the heirs do not inherit him)!

i. (Ameimar): One who makes his slave Hefker and dies, the slave can never becomes a full Yisrael.
ii. Ameimar's teaching is left difficult.

(d) (R. Yakov bar Idi): R. Yehoshua ben Levi holds, the law is like Aba Sha'ul.
(e) Question (R. Zeira): Did R. Yehoshua ben Levi say this explicitly, or did you infer it from something else he said?

1. Question: What did R. Yehoshua ben Levi say from which it could be inferred?
2. [Version #1 (Rashi) - Answer: R. Yehoshua ben Levi said, Rebbi says, if a master despairs of his slave, the only solution for the slave is via a Get.

i. R. Yochanan: Rebbi learns a Gezeirah Shavah "Lah-Lah" - just as a married woman is permitted through a Get, also a slave.
ii. Rebbi learns similar cases. Just like a married woman, who is not monetarily the property of her husband, needs a Get - also a slave that is not monetarily the property of his master needs a Get (i.e. an adult slave who acquires himself when the master makes him Hefker - but a minor slave remains a full slave, and can marry a slave even without a Get).

3. Question: Even if R. Yehoshua ben Levi's opinion was inferred from this, isn't it conclusive?
4. Answer: No - one could learn the opposite!

i. Just as a wife needs a Get to be permitted, whether she is an adult or a minor - also a Get of freedom (i.e. even if the master makes a minor slave Hefker, the slave needs a Get to marry, for he acquires monetary freedom).]

5. [Version #2 (Tosfos) - Answer: R. Yehoshua ben Levi said, Rebbi says, if a master despairs of his slave, the only solution for the slave is via a Get.

i. R. Yochanan: Rebbi learns a Gezeirah Shavah "Lah-Lah" - just as a married woman is permitted through a Get, also a slave.
ii. Rebbi learns similar cases. Just as a Get permits a married woman, who is not monetarily the property of her husband - also death of the master only permits a slave that is not monetarily the property of his master (i.e. an adult slave who acquires himself).

6. Question: Even if R. Yehoshua ben Levi's opinion was inferred from this, isn't it conclusive?
7. Answer: No - one could learn the opposite!

i. Just as a Get permits a wife, whether she is an adult or a minor - also death of the master permits (frees) a slave, whether an adult or minor.]

(f) Answer (R. Yakov bar Idi): I heard this explicitly.
(g) (R. Chiya bar Aba): R. Yochanan holds that the law is not like Aba Sha'ul.
(h) Question (R. Zeira): Did R. Yochanan say this explicitly, or did you infer it from something else he said?

1. Question: What did R. Yochanan say from which it could be inferred?
2. [Version #1 (Rashi) - Answer: R. Yehoshua ben Levi said, Rebbi says, if a master despairs of his slave, the only solution for the slave is via a Get.

i. R. Yochanan: Rebbi learns a Gezeirah Shavah "Lah-Lah" - just as a married woman is permitted through a Get, also a slave.
ii. Rebbi learns similar cases. Just as a wife is only permitted by a Get, whether she is an adult or a minor - also a slave of whom the master despaired, whether adult or minor, needs a Get to marry, for he acquires monetary freedom).

3. Question: Even if R. Yochanan's opinion was inferred from this, isn't it conclusive?
4. Answer: No - one could learn the opposite!

i. Just as a married woman, who is not monetarily the property of her husband, needs a Get - also a slave that is not monetarily the property of his master needs a Get (i.e. an adult slave who acquires himself when the master makes him Hefker - but a minor slave remains a full slave, and can marry a slave even without a Get).]

5. [Version #2 (Tosfos) - Answer: R. Yehoshua ben Levi said, Rebbi says, if a master despairs of his slave, the only solution for the slave is via a Get.

i. R. Yochanan: Rebbi learns a Gezeirah Shavah "Lah-Lah" - just as a married woman is permitted through a Get, also a slave.
ii. Rebbi learns similar cases. Just as a Get permits a wife, whether she is an adult or a minor - also death of the master permits (frees) a slave, whether an adult or minor.

6. Question: Even if R. Yochanan's opinion was inferred from this, isn't it conclusive?
7. Answer: No - one could learn the opposite!

i. Just as a Get permits a married woman, who is not monetarily the property of her husband - also death of the master only permits a slave that is not monetarily the property of his master (i.e. an adult slave who acquires himself).]

(i) Answer (R. Chiya bar Aba): I heard this explicitly.

(a) (Rebbi): The only solution for the slave is through a Get.
(b) Contradiction (Beraisa - Rebbi): The slave can pay his own redemption and go free, for this is like selling him to himself.
(c) Answer: Rebbi (when he said only a Get will help) meant: a slave only goes free through redemption money or a Get; since the master despaired, redemption does not apply.

1. Rebbi comes to argue on the following opinion.
2. (Beraisa - R. Shimon): One might have thought, money can free a slave just like a Get - "She was not redeemed...(her freedom was not given to her)" - the verse concludes, "(because) her (Get of) freedom was not given", she is still a slave.

i. This shows that only the Get makes her free.

(d) (Rami bar Chama): The law is like R. Shimon.
(e) (Rav Yosef bar Chama): The law is not like R. Shimon.
(f) Question (Rav Nachman bar Yitzchak): Like who is the law?
(g) Answer (Rava bar She'ilta): I say, not like R. Shimon; Chachamim of Mechuza say in Rav Nachman's name, it is like R. Shimon. I asked R. Chiya bar Aba from what ruling was this derived.

1. (R. Chiya bar Aba): The female slave of a dying man bewailed - how long will you work me like a slave? He threw his hat to her and said, 'Acquire it and yourself with it.' Rav Nachman ruled that she acquired nothing.
2. An observer understood, this is because the law is like R. Shimon.
3. This was wrong - it did not work because the acquisition of Chalipin only works with the vessel of the buyer (receiver), not of the giver.

(h) (Rav Shmuel bar Achitai): The law is like R. Shimon.

1. This is wrong, the law is not like R. Shimon.

(i) (R. Zeira): A slave married a Bas Yisrael in front of his master - he goes free.