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1) SELLING A SLAVE TO CHUTZ LA'ARETZ

(a) (Rav Anan): I heard the above teaching from Shmuel, and also the following:

1. Reuven sold his field during the Yovel year. Rav says, it is sold and reverts to Reuven; Shmuel says, it is not sold at all.
2. Rav Anan: In only one case, Shmuel says that the buyer gets back his money - I do not know in which.
3. Rav Yosef: The Beraisa taught, one who sells his slave to Chutz La'aretz - he goes free and needs a Get of freedom from the buyer.

i. Since the buyer owns him, Shmuel cannot say that the money goes back!
ii. It must be, regarding Yovel Shmuel says that it is not a sale and the buyer gets back his money.

4. Rav Anan was unable to settle his doubt because he had not heard the Beraisa.
5. One cannot settle it from what Shmuel himself said, that it is not sold - he could have meant, it is not sold, and the money is as a gift, as by one who engages his sister.

i. A man engaged his sister: Rav says, she must return the money; Shmuel says, he gave it as a gift, she keeps it.

(b) Question (Abaye): Why is the buyer fined? (Shmuel says, he does not get his money back, and the slave goes free) - the seller should be fined!
(c) Answer (Rav Yosef): If not for the hole (a place to put the stolen goods), the mouse could not steal!
(d) Question: (Abaye): If not for the mouse, the hole would not do anything!
(e) Answer (Rav Yosef): It is more reasonable to fine the buyer, since the prohibition (the slave) is by him.

(a) A slave fled from Chutz La'aretz to Eretz Yisrael; his master pursued and caught him.

1. R. Ami (to the master): You must free him - we will make him write a document saying that he owes you his value;
2. If you do not agree, I will free him from R. Achi b'Rebbi Yoshiyah's teaching!

i. (Beraisa): "(The 7 Kana'ani nations) will not dwell in your land" - one might have thought, this is even one who accepted not to serve idolatry - "Do not return a slave to his master, that flees to you from his master". Rather, "He will dwell among you".
ii. Question (R. Yoshiyah): Why does it say "his master" - it should say 'his gods'!
iii. (R. Yoshiyah): Rather, the verse speaks of one who sells his slave to Chutz La'aretz.
iv. Question (R. Acha b'Rebbi Yoshiyah): Why does it say, "That flees to you" - it should say, 'That flees from you'!
v. (R. Acha b'Rebbi Yoshiyah): Rather, the verse speaks of a slave that flees from Chutz La'aretz to Eretz Yisrael.

(b) (Beraisa - Rebbi): "Do not return a slave to his master" - this speaks of a master that bought a slave in order to free him.
(c) Question: What is the case?
(d) Answer (Rav Nachman bar Yitzchak): He gave a document to the slave saying 'When I buy you, you are retroactively free from now'.
(e) A slave of Rav Chisda fled to Bei Kusoy (also in Bavel). He asked them to send the slave back; they replied, - "Do not return a slave to his master (that flees to you from his master)".

1. Rav Chisda: The verse speaks of a slave that flees from Chutz La'aretz to Eretz Yisrael, as R. Acha b'Rebbi Yoshiyah taught.
2. Question: Why didn't he explain the verse as Rebbi?
3. Answer: They were more likely to accept R. Acha's explanation, since it was closer to their understanding.

(f) Abaye lost a donkey in Bei Kusoy. He asked them to return it; they asked him for a sign that it is his.

1. Abaye: It stomach is white.
2. Bei Kusoy: If we didn't trust you, we would not return it - all donkeys have white stomachs!

(a) (Mishnah): We do not redeem captives for more than their value; this is a decree for the betterment of the world.
(b) We do not help captives escape, for the betterment of the world; R. Shimon ben Gamliel says, this is to help captives.
(c) (Gemara) Question: How does this fix the world - so it will not deplete the community's money, or so captors will not be encouraged to capture even more?
(d) Answer: Rabah bar Livoy redeemed his daughter for 13,000 gold coins (apparently, the concern is not that captors will capture more, rather, for the money of the community).
(e) Rejection (Abaye): Perhaps Chachamim disapproved of his action!
(f) (Mishnah): We do not help captives escape, for the betterment of the world; R. Shimon ben Gamliel says, this is to help captives (so captors will not be harsher on captives)..
(g) Question: What practical difference is there, which is the reason?
(h) Answer: If there are currently no other captives. (Chachamim would still forbid helping the captive escape; R. Shimon ben Gamliel would permit it.)
(i) Rav Nachman's daughters used to stir (boiling) pots with their hands. This puzzled Rav Ilish - "I did not find 1 man in 1000 (so righteous to merit such miracles), and not a single woman" - Rav Nachman's daughters are so righteous!

1. Rav Ilish and Rav Nachman's daughters were all taken captive. Rav Ilish found a man that understood the language of birds. A raven was chirping at Rav Ilish; the man said that it was saying that Ilish should flee.
2. Rav Ilish: One cannot rely on ravens, they lie.
3. A dove chirped at Rav Ilish; the man said that it was saying that Ilish should flee.
4. Rav Ilish: The congregation of Yisrael is compared to a dove - it must be, a miracle will be done for me. I will check on Rav Nachman's daughters - if they are still so righteous, I will take them with me.

i. He went to the place where they relieve themselves, for there women relate their matters. He overheard them planning to ask the captors to take them further away, so they could live with them, and that their real husbands will not come to redeem them.

5. Rav Ilish fled with the man that knew bird language. Rav Ilish escaped, the man was caught and killed. He concluded: witchcraft enabled Rav Nachman's daughters to stir pots with their hands.

(a) (Mishnah): We do not buy Sefarim, Tefilin or Mezuzos from Nochrim for more than their value, for the betterment of the world.

(b) (Gemara - Rav Budya): We cannot buy them for more than their value - this implies, we can buy them for their value!

1. We learn that we may read from a Sefer Torah found by a Nochri!

(c) Rejection: No - perhaps we may not read from it; the Mishnah speaks of one who buys them to bury them (so they will not be desecrated).
(d) (Rav Nachman): A Sefer Torah written by a zealous idolater must be burned; if written by a (regular) Nochri, it is buried;

1. A Sefer Torah found by (i.e. belongs to) a zealous idolater is buried;
2. If found by a Nochri - some say, it is buried; others say, we may read from it.

(e) (Beraisa #1): A Sefer Torah written by a Nochri - we burn it.
(f) (Beraisa #2): A Sefer Torah written by a Nochri - we bury it.
(g) (Beraisa #3): A Sefer Torah written by a Nochri - we may read from it.

1. Beraisa #1 is as R. Eliezer, who says that all actions of a Nochri are assumed to be for the sake of idolatry;
2. Beraisa #2 is as the following Tana.

i. (Rav Hamnuna - Beraisa): A Sefer Torah, Tefilin, or Mezuzah written by an informer, Nochri, slave, woman, minor, Kusi, or Yisrael Mumar is invalid.
ii. "You will bind...you will write" - only one who wears Tefilin is qualified to write them.

3. Beraisa #3 is as the following Tana.

i. (Beraisa): We may buy Sefarim from Nochrim anywhere, as long as they are written properly.
ii. There was a Nochri in Tzidan that used to write Sefarim - R. Shimon ben Gamliel permitted buying from him.

(h) Question: Is it possible that R. Shimon ben Gamliel requires that the leather be tanned for the sake of Sefarim, but the writing need not be done with intention?!

1. (Beraisa): If Tefilin were covered with gold, or leather of a Tamei animal, they are invalid; with leather of a Tahor animal, they are valid, even if the leather was not tanned for the sake of Tefilin;
2. R. Shimon ben Gamliel says, even leather of a Tahor animal is invalid unless it was tanned with this intention.

(i) Answer (Rabah bar Shmuel): The Nochri from whom R. Shimon ben Gamliel permitted buying, was really a convert that reverted to being a Nochri.

1. Question: All the more so, what he writes is invalid - he is judged as a zealous idolater!
2. Answer (Rav Ashi): He reverted because he feared for his life.

(j) (Beraisa): One may pay 1 Trape'ik more than their value.
(k) Question: How much is a Trape'ik?
(l) Answer (Rav Sheshes): One Istira.
(m) An Arab woman showed a sack of Tefilin to Abaye. He asked if she would sell each pair for a date; enraged, she threw them in the river.

1. Abaye: I should not have disgraced them so much in front of her.

(a) (Mishnah): Reuven divorced his wife because of her ill repute, or because of a vow - he may never remarry her;
(b) R. Yehudah says, if many knew about the vow, he may not remarry her; if not, he may;
(c) R. Meir says, any vow which requires a Chacham to permit it, he may not remarry her; if it can be permitted without a Chachamim, he may remarry her;

1. R. Yosi b'Rebbi Yehudah says, we were only stringent regarding a vow which requires a Chacham to permit it on account of a vow that can be permitted without a Chacham.

(d) R. Yosi b'Rebbi Yehudah says, there was a case in Tzidon: Reuven vowed to divorce his wife, and divorced her. Chachamim permitted him to remarry her for the betterment of the world.