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4. Eved Kena'ani 5. Gitin 039: Eved Kena'ani Today
DAF DISCUSSIONS - GITIN 39

SELWYN WACKS asked:

IN THE REISHA;WHY DO WE HAVE TO SAY THAT R'MEIR HOLDS "VALUE OF SLAVE", SURELY R'MEIR SHOULD ALLOW FOR THE SLAVE TO BE SOLD THROUGH THE GIZBAR?-UNLESS WE SAY THAT R'MEIR HOLDS THAT THE GIZBAR CANNOT HANDLE A SALE OF SLAVE?IT SEEMS TO ME THAT A SALE OF A SLAVE IS "CLOSER" TO THE MEANING OF "MAKDISH" THAN IS VALUE.SO SURELY THIS SHOULD BE THE "MORE" LIKELY ASSUMPTION OF THE MEANING OF THE BA'ALS WORDS WHEN HE SAYS "MAKDISH"

ALSO ,WHAT IS MEANT BY THE FACT THAT IN "ME-ILLA BRAAIS OF CHACHAMIM AND RASH-BAG" EVERYONE AGREES THAT "SLAVE IS SANCTIFIED".DOES THIS INDICATE SALE THROUGH THE GIZBAR? WOULD THIS ALSO INDICATE AGREEMENT BY RABBI MEIR.

I WOULD MOST APPRECIATE SOURCES FOR YOUR ANSWERS AS MY INTERPRETATION OF RASHI IS THAT SINCE R'MEIR ALREADY HELD THAT SALE THROUGH GIZBAR WAS NOT PERMITTED,THAT ONLY ONE OPTION WAS AVAILABLE I.E. "VALUE" .THIS WOULD ALSO MAKE THE REISHA AND THE SEIFA CONSISTENT AS BOTH WOULD BE IMPOSSIBLE SANCTIFICATIONS RESULTING IN VALUE.

I THANK YOU IN ADVANCE FOR YOUR TIME AND TROUBLE ,AND I BREATHLESSLY AWAIT YOUR RESPONSE.

SELWYN WACKS

The Kollel replies:

(Due to a technical difficulty with our domain server, your message above did not arrive until now. We are sorry for the delay.)

The Chidushei ha'Ran asks your question and offers two opposite answers.

1. Since we are making the Eved into Hekdesh only because of "Ein Adam Motzi Devarav l'Vatalah," a person does not say things for naught (seemingly since the true understanding is Kedushas ha'Guf), we apply the minimum.

2. It is better for Hekdesh to have Demei Eved, the value of the Eved, and not that the Eved should be Kadosh l'Damim, because in the former case Hekdesh receives the money even if the Eved dies.

D. Zupnik