In a case where a Slave was sold by a nochri for debt to a jew and the slave frees himself by converting, is the debt settled? the Jew received no benefit from the transaction so is the loss the Jew who acquired this 'payment' which was taken from him or does the nochri still owe the Jew since no 'reimbursement' came from the ownership transfer of the slave.
yehudaleb, st louis, usa
The Eved can be Tovel himself for Geirus either before the Jew buys him or after. If he did so before the Jew bought him, then the sale is invalid and the vendor would have to reimburse the buyer. If the Eved converted himself after the sale has taken place the buyer would loose out, in the same way he would loose if the Eved were to kill himself after the sale. The vendor is not responsible for the actions of the Eved after the sale has taken place. Our Gemara is discussing a case where the Eved converted himself after the sale in which case the buyer looses out.
However the Ramban and other Rishonim say that the Eved must pay the master for the loss incurred as a result of his conversion. This is because the Eved is considered a "Mazik Shibudo Shel Chaveiro", someone who damages the guarantee of his friend. This Halachah is quoted by the Rema (YD 267:9)
Dov Freedman
Thank you for your excellent response. In regards to the slave that converts and is obligated reimbursement to his buyer:
Is it possible this law refers to Jew to Jew liability and the convert did the damage as a non-Jew? As a convert would liability attach as the ger becomes chaveir only after conversion. This halacha seems to infer the ger does not get released from liabilities as a non-jew and, but can we apply a Jewish law to what was a non-jew. Do the bnei noach laws apply or the Jewish law?
Yehuda Leb
The Ramban and other Rishonim who support his opinion obviously hold that the Ger is obligated even in such a case. See Teshuvos Chavos Ya'ir (79) who explains that any monetary obligation that one incurs as a non-Jew remains after conversion, at least as far as Jews are concerned. We cannot obligate him with Jewish law with regards to events that took place while he was not Jewish. Hence if he found the property of a Jew before he converted he does not have to return it after conversion (Chavos Yair 79).
Dov Freedman