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1) PARTIAL REDEMPTION OF A HOUSE

(a) Question (Rav Huna bar Chinena): One who sells a house in a walled city - can he partially redeem it?

1. Do we learn a Gezeirah Shavah "Ge'ulaso-Ge'ulaso" from an inherited field?

i. Just as an inherited field cannot be partially redeemed, also a house in a walled city!

2. Or, do we say that there the Torah said that partial redemption does not work, here it did not say so (so it works)?

(b) Answer (Rav Sheshes): We learn from R. Shimon that he may borrow money to redeem the house, and he may partially redeem it.

1. (Beraisa): "Redeem, if he will redeem" -the repetition teaches that one may borrow money to redeem his field from Hekdesh, and he may partially redeem it;
2. R. Shimon says, the reason is as follows: one who sells his field, if he does not redeem it before Yovel, it reverts to him in Yovel - therefore, he is restricted, he may not borrow to redeem it, nor partially redeem it;

i. One who makes his field Hekdesh, if he does not redeem it before Yovel, it is given to the Kohanim - therefore, he is permitted to borrow to redeem it, and to partially redeem it.

(c) (Culmination of answer): Similarly, one who sells his house, if he does not redeem it within a full year, he loses the right to redeem it - therefore, he is permitted to borrow to redeem it, and to partially redeem it.
(d) Question (Beraisa): "Redeem, if he will redeem" -the repetition teaches that one may borrow money to redeem his field from Hekdesh, and he may partially redeem it;

1. Suggestion: A Kal va'Chomer should teach this! One who sells his field has great privileges - if he does not redeem it before Yovel, it reverts to him in Yovel - still, he may not borrow to redeem it, nor partially redeem it;

i. One who makes his field Hekdesh has less privileges - if he does not redeem it before Yovel, it is given to the Kohanim - all the more so, he should not be allowed to borrow to redeem it, and to partially redeem it!

2. Question: You cannot learn from one who sells his field, for he has no rights of redemption within the first 2 years, whereas one who makes his field Hekdesh can redeem it immediately!
3. Answer: We see from one who sells his house (in a walled city), even though he can redeem it immediately, he may not borrow to redeem it or partially redeem it!

(e) Answer: This Beraisa is as Chachamim that argue on R. Shimon.
(f) (Beraisa #1): One may borrow to redeem (a house); one may partially redeem it.
(g) Contradiction (Beraisa #2): One may not borrow to redeem (a house), one may not partially redeem it.
(h) Answer: Beraisa #1 is as R. Shimon, Beraisa #2 is as Chachamim.
(i) Question (Rav Acha brei d'Rava): Why did the Beraisa (d) need a verse - we can learn from a Kal va'Chomer!

1. One who sells his house does not have permanent rights of redemption - one cannot learn (that he may not borrow to redeem it, or partially redeem it) to the case of one who makes his field Hekdesh, who has permanent redemption rights!

(j) Answer (Rav Acha Sava): We may learn from Tzad ha'Shaveh.

1. One who sells his field has permanent redemption rights, yet he may not borrow to redeem it, or partially redeem it - the same applies to one who makes his field Hekdesh.
2. Question: You cannot learn from one who sells his field, for he cannot redeem it in the first 2 years, whereas one who makes his field Hekdesh can!
3. Answer: We see from one who sells a house that rights of immediate redemption does not affect the law.

i. The common side of one who sells a house and a field - they may be redeemed, but one may not borrow to redeem or redeem partially - the same applies to one A

(k) Question (Mar Zutra): One cannot learn from the Tzad ha'Shaveh! One who sells a house or a field cannot redeem it in the second year - we cannot learn from them to one who makes his field Hekdesh, who can redeem in the second year!
(l) Answer (Ravina): One can learn from a Tzad ha'Shaveh that also includes a slave sold to a Nochri, for he can be redeemed in the second year, but he may not borrow to redeem or redeem partially.

(a) Question (Rav Huna bar Chinena): One who sells a house in a walled city - can his relatives redeem it (against the will of the buyer)?

1. Do we learn a Gezeirah Shavah Ge'ulaso-Ge'ulaso from one who sold an inherited field - just as it may not be partially redeemed, but may be redeemed through relatives, also a house;
2. Or, perhaps the Gezeirah Shavah only teaches regarding partial redemption?

(b) Answer (Rav Sheshes): It may not be redeemed through relatives.
(c) Question (Beraisa): "In all, there will be redemption (through relatives)" - this includes houses and Hebrew slaves.

1. Suggestion: This refers to houses in walled cities.

(d) Answer: No, it refers to houses in courtyards.
(e) Question: But we already know houses in courtyards from "As the field they will be considered!
(f) Answer: "In all there will be redemption" obligates the relatives to redeem it; the Beraisa is as R. Eliezer.

1. (Beraisa - R. Yehoshua): "He will redeem what his brother sold" - this is optional;
2. Question: Perhaps it is an obligation!
3. Answer: "A man that will not have a redeemer" - this cannot be mean he has no relatives, every Yisrael has relatives!

i. Rather, it means that his relatives do not want to redeem.

4. R. Eliezer says "He will redeem what his brother sold" - this is obligatory;
5. Question: Perhaps it is optional.
6. Answer: "In all, there will be redemption" makes it obligatory.

(g) Question (Ravina): If we say that "In all, there will be redemption" includes houses in walled cities - we understand why it says "In all".

1. If it refers to houses of courtyards - why does it say "In all"?
2. This is left difficult.

(h) Question (Abaye - Beraisa): The Torah says 3 times "Yigalenu (he will redeem him)" to teach that all redemptions have the same order (which relatives are first to redeem).

1. Suggestion: The other redemptions are a house in a walled city and a Hebrew slave.

(i) Answer: No - it refers to houses of courtyards and inherited fields.
(j) Question: But we already know houses in courtyards from "As the field they will be considered!
(k) Answer: "Yigalenu" teaches that the closest relatives have first priority to redeem, as Rav Nachman bar Yitzchak taught (regarding the following).

1. Question: A Hebrew slave sold to a Yisrael - is he redeemed through relatives?

i. We do not ask according to Rebbi - above (15B) he said that he is not redeemed through relatives.
ii. The question is according to Chachamim- do we learn the Gezeirah Shavah "Sachir-Sachir", or do we expound "You will redeem him (one sold to a Nochri)" - and not another (one sold to a Yisrael)"?

2. Answer #1: "In all, there will be redemption (through relatives)" - this includes houses and Hebrew slaves.

i. Suggestion: This refers to houses in walled cities and a Hebrew slave sold to a Yisrael.

3. Rejection: No, they slave referred to was sold to a Nochri.

i. Question: But it says explicitly by one sold to a Nochri - "Or his uncle or his cousin will redeem him"!

ii. Answer: "In all, there will be redemption" makes it an obligation to redeem him, even according to R. Yehoshua.

4. Answer #2 (Beraisa): The Torah says 3 times "Yigalenu" to teach that all redemptions have the same order.

i. Suggestion: The other redemptions are a house in a walled city and a Hebrew slave.
ii. Rejection: Answer: No - it refers to houses of courtyards and inherited fields.
iii. Question: But we already know houses in courtyards from "As the field they will be considered!
iv. Answer: (Rav Nachman bar Yitzchak): "Yigalenu" teaches that the closest relatives have first priority to redeem.

(a) (Mishnah): A Nirtza is acquired by boring his ear...

1. "His master will bore through his ear with the awl..."

(b) (Mishnah): He acquires (his freedom) in Yovel or when the master dies.

1. We learn this from "He will serve him - and not the son or daughter; "Forever" - until Yovel.

(c) (Beraisa - R. Yosi b'Rebbi Yehudah): Question: "Awl" - From where do we know to include a sharp piece of wood, a thorn, a drill, or a stylus (an etching tool)?
(d) Answer: "And you will take" - to include anything that can be taken in the hand;

1. Rebbi says, we only include metal instruments, just as an awl is of metal;
2. Also - "The awl" comes to include the great awl.

(e) (R. Elazar): Yudan holds that we only pierce the ear in the flesh (not the cartilege);

1. Chachamim say, a Kohen cannot become a Nirtza, for this would make him blemished.

i. They must argue with Yudan - a hole in the flesh is not a blemish!
ii. Rather, it is pierced higher in the ear.

(f) Question: On what do R. Yosi b'Rebbi Yehudah and Rebbi argue?
(g) Answer: Rebbi expounds generalities and specifics: "You will take" is a generality; "an awl" is a specific; "in his ear and in the door" is a generality;

1. The generality, specific, generality is expounded to include everything similar to the specific, namely metal tools.

(h) R. Yosi expounds inclusions and exclusions: "You will take" is an inclusion; "an awl" is an exclusion; "in his ear and in the door" is an inclusion;

1. The first inclusion includes everything; the exclusion excludes a potion (e.g. acid).

(i) Question: The Beraisa said that "The awl" comes to include the great awl - how is this learned?
(j) Answer: This is as Rava taught.

1. (Rava): "The thigh" - the special thigh (the right one);
2. Also here - the special awl.

(a) (R. Elazar): Yudan holds that we only pierce the ear in the flesh (not the cartilege);

1. Chachamim say, a Kohen cannot become a Nirtza, for this would make him blemished.

(b) Question: We should say, he can be Nirtza, and he will be blemished!
(c) Answer (Rabah bar Rav Shilo): "He will return to his family" - for what his family is established (by a Kohen, to serve in the Mikdash).
(d) Question: Can a master mate a Kohen slave with a Shifchah?

1. It is a special law that a Yisrael can have relations with a Shifchah - this special law applies to a Kohen as well;
2. Or - since the Torah gives extra Mitzvos to Kohanim, it is not lenient by them regarding a Shifchah.

(e) Answer #1 (Rav): It is permitted.
(f) Answer #2 (Shmuel): It is forbidden.
(g) Question (Rav Nachman): 'Chachamim say, a Kohen cannot become a Nirtza, for this would make him blemished' - according to Shmuel, a Kohen cannot become Nirtza anyway, for he cannot say "I love my master and my wife (Shifchah)"!

(a) Question: Can a Kohen take a beautiful Nochris in war?

1. It is a special law that a Yisrael can take her (Rashi - and force her to convert; Tosfos - and have relations with her before she converts) - this special law applies to a Kohen as well;
2. Or - since the Torah gives extra Mitzvos to Kohanim, it is not lenient by them regarding this.

(b) Answer #1 (Rav): It is permitted.
(c) Answer #2 (Shmuel): It is forbidden.

1. [Version #1: All agree that he is permitted to have relations with her once - the Torah only permitted her because the temptation is too great to overcome (for Kohanim as well);
2. They argue regarding keeping her as a wife.

i. Rav says this is permitted - once he is permitted to have relations with her once, she is totally permitted.
ii. Shmuel says she is forbidden - a Kohen may not marry a convert.]

3. [Version #2: All agree that he is forbidden to keep her as a wife, for she is a convert;
4. They argue regarding having relations with her once.
5. Rav says this is permitted - the Torah only permitted her because the temptation is too great to overcome;

i. Shmuel says she is forbidden - since "You will take her into your house" does not apply to a Kohen, neither does "and you will see among the captives (...and take her)".]

(d) (Beraisa): "And you will see among the captives" - when you first take her captive; "a woman" - even a married woman;

1. "Beautiful" - the Torah only permitted her because the temptation is too great to overcome;

i. It is better that a Yisrael eat animals that were slaughtered when they were (not Treifah but) about to die (this is permitted, but not recommended) than that they should eat animals that died without slaughter. (Here also, it is better that a Yisrael take her in a permitted (but not recommended) way, not in a forbidden way.)

2. "And you desire" - even if she is not beautiful; "her" - only one; "and you will take" - you can engage her (even though she did not convert willingly); "for yourself as a wife" - you may not take a second woman for your father or son;
3. "And you will bring" - you may not have relations with her during the war (before she converts - Rashi; Tosfos - you may not hasten to begin the conversion process during the war).