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1) CAN A SLAVE ACQUIRE HIS FREEDOM HIMSELF?

(a) R. Yehudah Hinde'ah was a convert without heirs. He fell sick; Mar Zutra came to visit, and saw that he was close to death. He told R. Yehudah's slave 'Take off my shoes and bring them to my house' (and thereby acquired him).

1. [Version #1: The slave was an adult; Mar Zutra was careful that the slave was serving him at the moment R. Yehudah died.]
2. [Version #2: The slave was a minor; Mar Zutra was careful that the slave serve him at the moment of death because he does not hold as Aba Sha'ul (Rashi; Tosfos - Mar Zutra was only able to acquire the slave because he was a minor, and Mar Zutra holds as Aba Sha'ul (but according to Chachamim, even a minor goes free, even if he was working for another)).

i. (Beraisa): A convert died (without heirs); his slaves, even minors, become free;
ii. Aba Sha'ul says, only adult slaves acquire their own freedom; minors remain slaves, anyone can take them.

(b) (Mishnah - R. Meir): He becomes free through others giving money for him...
(c) Inference: He cannot become free by giving money himself.
(d) Question: What is the case?

1. Suggestion: The slave did not authorize the redemption.
2. Rejection: But R. Meir holds that it is detrimental for a slave to go free!

i. (Mishnah): We may benefit a person without his awareness, but we may not do something disadvantageous for him without his consent.

(e) Answer #1: Surely, it must be that the slave agreed to be redeemed; the Mishnah teaches, that the redemption can only be through others, not through himself.

1. This is because a slave cannot own anything, whatever he acquires belongs to his master.
2. Question: But the end of the Mishnah says 'by himself receiving a document' - but not through others;

i. If the slave agreed to be redeemed, others should be able to receive the document for him!

3. Suggestion: Perhaps the Mishnah means even by himself receiving a document (and all the more so, through others);

i. We would learn that the slave gets the power of acquisition (which he was lacking as a slave) at the same moment he receives his Get of freedom.

4. Rejection (Beraisa - R. Meir): A slave can receive his own Get of freedom, others cannot receive it for him.

(f) Answer #2 (Abaye): Really, the slave did not authorize his redemption;

1. Since money can acquire a slave against his will, it can free him against his will.
2. Question: If so, we should say the same by a document - since a document can acquire him against his will, it can free him against his will!
3. Answer: A document of purchase (of a slave) is different than a Get of freedom, so we do not learn one from the other.
4. Question: But money of acquisition is also different than redemption money!
5. Answer: No, the same coinage can do either.

(g) Answer #3 (Rava): When a master receives redemption money, he acts on his own behalf (and automatically, the slave goes free);

1. When someone receives a Get of freedom for a slave, he acts on behalf of the slave - one cannot do something disadvantageous for a person without his consent.

(a) Chachamim say, he acquires his freedom through money he gives himself...
(b) Inference: He must give the money himself, it cannot be through others.
(c) Question: Why not? Even if he did not authorize it, it should work, for Chachamim hold that it is advantageous for a slave to go free!

1. (Mishnah): One can do something advantageous for a person without his consent; to do something detrimental requires his consent.
2. Suggestion: Perhaps Chachamim mean even through money he gives himself (as well as through others);

i. We would learn that a slave can acquire something and it does not belong to his master.

3. Rejection (end of the Mishnah): 'Others can receive a Get of freedom for him' - but he cannot receive it himself;

i. But the law is that a slave gets the power of acquisition at the same moment he receives his Get (so he should be able to receive it himself)!

4. Suggestion: Perhaps the Mishnah means, others can also receive a Get of freedom for him.
5. Rejection: If so, the Mishnah should have taught both clauses together: a slave can become free, through money or a document, through himself or others.

(d) Answer: Rather, the Mishnah teaches that he can become free through money through himself or others, or through a document only through others;

1. 'Chachamim' in the Mishnah hold as R. Shimon ben Elazar;

i. (Beraisa - R. Shimon ben Elazar): Even a document only works through others.

2. There are also Chachamim (not mentioned in the Mishnah) who have a third position: he can become free, through money or a document, through himself or others.

(e) (Rabah): R. Shimon ben Elazar learns a Gezeirah Shavah "Lah-Lah" from a married woman.

1. Just as a man must put a Get in a domain he does not own (his wife's hand, or her agent) in order to divorce his wife, also a master cannot put a Get of freedom in a domain he owns (the slave himself).

(f) Question (Rabah): According to R. Shimon ben Elazar, can a slave make an agent to receive his Get of freedom?

1. The Gezeirah Shavah from a married woman teaches that a slave can also make an agent;
2. Or - perhaps a married woman can make an agent because she can receive her own Get, but a slave, who cannot receive his own Get, cannot make an agent.

(g) Answer (Rabah): The Gezeirah Shavah teaches that a slave can also make an agent.
(h) Question: This opposes Rav Huna brei d'Rav Yehoshua!

1. (Rav Huna brei d'Rav Yehoshua): Kohanim that serve in the Mikdash are agents of Hash-m;

i. They could not be agents of Yisrael, for one cannot appoint an agent to do something he himself cannot do!

2. (Summation of question): According to Rabah, a slave cannot receive his own Get, but he can make an agent to receive it!

(i) Answer: The cases are different.

1. A Yisrael cannot serve in the Mikdash at all, therefore he cannot make an agent for this;
2. But a slave can receive a Get, so he can make an agent for this.

i. (Beraisa): A slave can receive a Get of freedom for another slave of a different master, but not for another slave of his own master.

(a) (Mishnah): The redemption money must belong to someone else.
(b) Suggestion: They argue on the following: R. Meir holds that anything a slave acquires, it belongs to his master; also anything a married woman acquires, it belongs to her husband;

1. Chachamim hold that a slave/married woman can acquire something and it will not belong to the master/husband.

(c) Rejection (Rabah): No - all hold that anything a slave/married woman acquires belongs to the master/husband;

1. The Mishnah speaks when someone told the slave 'acquire this money on condition that your master has no rights to it'.

i. R. Meir holds, once he says 'acquire', the slave acquires and it belongs to the master; the continuation of his words 'on condition that your master has no rights to it' has no effect;
ii. Chachamim say, his condition takes effect.

2. (R. Elazar): No - if that was the stipulation, all would agree that the slave acquires and it belongs to the master;
3. Rather, they argue when he said 'acquire this money on condition that you will be redeemed through it'.

i. R. Meir holds, once he says 'acquire', the slave acquires and it belongs to the master; the continuation of his words has no effect;
ii. Chachamim say, the giver limited the acquisition, the slave only acquires the money for redemption (so the master only gets it when he frees the slave).