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1) A SLAVE GIVEN AS COLLATERAL

(a) (Beraisa): If a slave was collected by a Nochri as payment of a debt, or was given as a bribe to a Nochri that often kills Yisraelim, he does not go free.
(b) Contradiction (Beraisa): The king's servants took produce of a Yisrael: if they took it as payment of a debt, the Yisrael must take Ma'aser on it; if it was taken for no reason, he need not take Ma'aser.
(c) Answer: Regarding Ma'aser, since the Yisrael benefits from the produce (this pays his debt) he must tithe it. (But it is not considered a sale to be subject to the fine of our Mishnah.)
(d) Question: But Rav taught, Reuven sold his slave to a Nochri that makes false claims to take property - he goes free!
(e) Answer: There, Reuven is fined, for he should have appeased the Nochri with different property.
(f) (Rav): Reuven sold his slave to a Nochri that that makes false claims to take property - he goes free.
(g) Question: Why is Reuven fined - he is blameless!
(h) Answer: He should have appeased the Nochri with different property.
(i) Question (R. Yirmeyah): A Yisrael sold his slave to a Nochri for 30 days - what is the law?
(j) Answer: Rav taught, Reuven sold his slave to a Nochri that makes false claims to take property - he goes free. (We are thinking that he only gave his slave temporarily.)
(k) Rejection: No - there, he gave the slave permanently.
(l) Question: What is the law if the slave was sold on 1 of the following conditions?

1. The buyer cannot make him work.
2. The buyer must allow him to keep Mitzvos.
3. The buyer cannot make him work on Shabbos and Yom Tov.
4. He was sold to a Nochri that accepted to keep his 7 Mitzvos.
5. He was sold to a Yisrael Mumar (idolater).
6. He was sold to a Kusi.

(m) Answer (in case 4): Selling to a Nochri that keeps his 7 Mitzvos is as selling to a regular Nochri.

1. Some say - a Yisrael Mumar and Kusim are as a Nochri; some say, they are as a Yisrael.

(a) Question: A slave caused himself to be captured, his owner cannot recover him, neither through courts of Yisrael or the Nochrim - may the owner accept payment from the captors?
(b) Answer #1 (R. Zrika - Beraisa): One who sells his house (in Eretz Yisrael) to a Nochri - it is forbidden to benefit from the money;

1. If a Nochri forcibly took the house, and the Yisrael cannot recover it, neither through courts of Yisrael or the Nochrim - the owner may accept payment for it.
2. He is allowed to do this through the civil courts, for it is saving his loss.

(c) Rejection: perhaps that is only regarding a house - since everyone needs a house, we do not decree lest he come to sell willingly, but by a slave, we decree, lest he come to sell willingly!
(d) Answer #2 (R. Ami): The master may accept payment for his slave; he is allowed to do this through the civil courts, for it is saving his loss.
(e) [Version #1 (R. Yehoshua ben Levi): Reuven sold his slave to a Nochri - we fine Reuven, and force him to redeem his slave, even for 100 times the sale price.
(f) Question: Is 100 to be understand literally? (Rashi - or, it is an exaggeration; Tosfos - or, there is no limit.)
(g) Answer: Reish Lakish taught, Reuven sold a work animal to a Nochri - we fine Reuven, and force him to redeem his animal, even for 10 times the sale price.
(h) Rejection: Perhaps the sale of a slave is worse, for this prevents the slave from keeping Mitzvos.]
(i) [Version #2 (R. Yehoshua ben Levi): Reuven sold his slave to a Nochri - we fine Reuven, and force him to redeem his slave, even for 10 times the sale price.
(j) Question: Is 10 to be understand literally?
(k) Answer: Reish Lakish taught, Reuven sold a work animal to a Nochri - we fine Reuven, and force him to redeem his animal, even for 100 times the sale price.
(l) Rejection #1: Perhaps he must pay more to redeem his animal, for he will get to keep his animal. (But when he redeems his slave, the slave is free.)
(m) Objection (to rejection): If that is the reason, he should only have to pay one more times the price (i.e. 11)!
(n) Rejection #2: The sale of a slave to a Nochri is uncommon, so a large fine was not levied on it.]
(o) Question (R. Yirmeyah): Reuven sold his slave to a Nochri, and Reuven died. Do we force Reuven's son to redeem him?

1. If you will say that if Reuven blemished a firstborn animal and he died, we fine his son (that he may never eat the animal) - there, Reuven transgressed Torah law, we cannot learn to our case, which is only mid'Rabanan;

2. If you will say that if Reuven intentionally left work to do on the intermediate days of the festival and died, we do not fine his son (rather, he may benefit from it) - there, Reuven died before transgressing, we cannot learn to our case, in which he transgressed.
3. Regarding selling the slave: do we say that the fine was on the seller (not on his son), or on the seller's money (and the money must be used to redeem the slave)?

(p) Answer (R. Asi - Mishnah): A field that was weeded in Shemitah may be seeded the next year; if it was fertilized in Shemitah, it may not be seeded the next year;

1. (R. Yosi bar Chanina): If Reuven fertilized it and died, Reuven's son may seed it the next year.
2. This shows that we only fined the transgressor, not his son.

(q) (Abaye): Reuven made Shimon's food Tamei, and Reuven died - Reuven's son need not compensate Shimon.

1. This is because one it not really liable for nonphysical damage, it is only a fine; this fine was only levied against the damager, not his son.

(a) (Mishnah): Or to Chutz La'aretz...
(b) (Beraisa): One who sells his slave to Chutz La'aretz - he goes free and needs a Get of freedom from the buyer;
(c) R. Shimon ben Gamliel says, whether he goes free depends on the language of the sale.

1. If he said, I sold my slave to Ploni the Antuchi, he does not go free;
2. If he said, I sold my slave to Ploni the Antuchi that lives in Antuchi, he goes free.

(d) Contradiction (Beraisa): If he sold him to Ploni the Antuchi, he goes free;

1. If he said, I sold my slave to Ploni the Antuchi who lives in Lud, he does not go free.

(e) Answer: If the Antuchi has a house in Eretz Yisrael, the slave only goes free if he said 'that lives in Antuchi'; if he only has a place where he lodges, he goes free even without saying this.
(f) Question (R. Yirmeyah): A man from Bavel married a woman of Eretz Yisrael, who brought slaves into the marriage (as Tzon Barzel, i.e. the husband must restore them to her when she receives her Kesuvah). He intends to return to Bavel - do the slaves go free?

1. This question may be asked whether one holds that a divorcee may demand to receive back the same property she brought into the marriage (or that she only receives their initial value).
2. According to the opinion that she gets them back intact - do we say, it is as her property (and they were not sold)?

i. Or, do we say that since they work for her husband, they are as his?

3. According to the opinion that she only gets back their value - do we say, it is as his property (and they were sold)?

i. Or, do we say that since her husband only owns their earnings, they are as hers?

(g) This question is unresolved.
(h) (R. Avahu): A slave followed his master to Surya and was sold there - he goes free.
(i) Question: But R. Chiya taught, the slave (by agreeing to leave Eretz Yisrael) lost his privilege (the fine does not apply)!
(j) Answer: R. Avahu spoke in the case that the master intended to return to Eretz Yisrael; R. Chiya speaks when he intended to stay in Chutz La'aretz.
(k) Question (Beraisa): A slave follows his master to Surya...

1. Objection: Must the slave really go?!

i. (Mishnah): One cannot force (his slave ) to leave Eretz Yisrael...

(l) Correction: Rather, a slave followed his master to Surya and was sold there - if the master intended to return to Eretz Yisrael, he must free him; if he intended to stay in Chutz La'aretz, he need not free him.