What if an Even Ivri were to buy a Shifcha Kena'anis (or a share in her) from his Adon? May he (still) live with her, if he otherwise would be permitted to (i.e., married, etc.)? And, to the point of this Daf--how might it affect these Leshonos of a Get Shichrur, were he to then free her?
RA ALPERT, NYC, USA
The straightforward understanding of the Gemora Kidushin 14b is that in order to be permitted to a Shifcha the Adon must give her to the Eved(Rabo Moseir Lo Shifcha Kina'anis) to the Eved. This is echoed in the Rambasm Hilchos Avadim Chap. 3 Hal. 3 & 4. The logic behind this is that the Heter of a Shifcha Kina'anis stems from the Pasuk "Sachir Sachir" which establishes an obligation for the Eved to work at night. Since one must maintain standard labor practices with the Eved as with any day worker, it is unjust to demand that he work also at night. Therefore, the Sages understood that the intention of the Torah is that the Eved must procreate with the Shifcha for the financial benefit of the Adon(ref: Kidushin 15b).
Ostensibly, if the Eved owned half of the Shifcha that half would be Assur to him, as she is not in the jurisdiction of his Adon to give over to the Eved. There is, however, a Mishna Le'Melech that brings the Maharimit that raises the possibility that an Eved remains permitted to a Shifcha even when not presented to him by the Adon.
In any case, there would be no change in the Halachos of Shtar Shichrur.
Thanks for the stimulating creative question,
Shimon Brodie