1)

WHO CAN OWN WHOM?

(a)

Answer: Yes, they owned him for his earnings!

1.

(Reish Lakish): A Nochri can acquire a Nochri for his earnings. It says "also from the children of the settlers who live with you, you may buy slaves" - you (Yisrael) can buy Nochrim, but they cannot buy you, nor can a Nochri buy another Nochri.

2.

Suggestion: Perhaps a Nochri cannot acquire another Nochri.

i.

Question: Indeed, Reish Lakish said that they cannot acquire one another!

ii.

Answer: He meant that they cannot totally acquire one another. We suggest that perhaps they cannot acquire one another even for earnings.

3.

Rejection: A Nochri can acquire a Yisrael for his earnings (a Yisrael can sell himself to be a slave "l'Eker Mishpachas Ger"), all the more so, one Nochri can acquire another for his earnings!

4.

Suggestion: Perhaps they acquire one another only through money, but not through conquest.

5.

Rejection (Rav Papa): (Yisrael were forbidden to fight Amon and Mo'av.) Sichon's conquest of (parts of) Amon and Mo'av allowed Yisrael to take those lands.

6.

Question: This shows that a Nochri can acquire a Nochri (through conquest). What is the source that a Nochri can acquire a Yisrael?

7.

Answer: "They took a captive from us."

2)

SLAVES WHO WERE CAPTURED AND REDEEMED

(a)

(Rav Shemen bar Aba, citing R. Yochanan): A slave who escaped from prison goes free. In fact, we force the master to write a document of freedom.

(b)

Question (Mishnah - R. Shimon ben Gamliel): In either case, the redeemed slave works like a slave.

1.

(R. Yochanan): Wherever R. Shimon ben Gamliel appears in a Mishnah, the Halachah follows him, with only three exceptions: the Mishnayos about an Arev, the divorce in Tzidon, and one who found a proof after he lost a monetary judgment.

2.

R. Yochanan contradicts himself!

(c)

Answer #1: Abaye established the Mishnah to be before despair. He can answer that R. Yochanan discusses escaping from prison after the master despaired.

(d)

Rava established the Mishnah to be after despair. How can he resolve the contradiction?

(e)

Answer: Rava explained that R. Shimon's reason is Chizkiyah's enactment (lest slaves present themselves to captors to escape their masters. It does not apply to one who escapes from prison);

1.

One who escapes risks his life. He would not willingly get captured!

(f)

Shmuel's Shifchah (female slave) was captured. Others redeemed her l'Shem Shifchah.

1.

The redeemers told Shmuel 'we hold like R. Shimon ben Gamliel. Even if you hold like Chachamim, she remains a slave because we intended for this!'

2.

They assumed that Shmuel had not yet despaired. Really, he had already despaired.

(g)

Shmuel not use her like a slave. Further, he even ruled that she needs no Get of freedom!

1.

This is like Shmuel taught, that if one declares his slave to be ownerless, the slave goes free and needs no Get of freedom. He learns from "any slave of a man."

i.

Question: Does the verse exclude the slave of a woman?!

ii.

Answer: Rather, it teaches that only a slave who has a master is a slave. If no master has authority over him, he is not a slave.

3)

FREEING SLAVES

(a)

R. Aba bar Zutra's Shifchah was captured. A Nochri from Tarmud redeemed her, to take her for a wife. Yisre'elim sent to R. Aba that the proper thing to do is to send to her a Get of freedom.

(b)

Question: What was the case?

1.

If they can buy her back from the Nochri, why must he send a Get?

2.

If they cannot her back, how will a Get help?

(c)

Answer #1: The Nochri was willing to sell her. The community would redeem her only if R. Aba sent a Get.

(d)

Answer #2: The Nochri was unwilling to sell her, but if R. Aba sent a Get (the Nochri would know that she used to be a slave, and) she would be disgraced in the Nochri's eyes, and he would agree to sell her.

(e)

Question: We learned that Nochrim desire animals of Yisrael (for Bi'ah) more than their own wives! (All the more so, they desire our slaves!)

(f)

Answer: That is in secret. If it becomes known, they are disgraced.

(g)

Men were sinning with a Shifchah in Pumbadisa.

(h)

Abaye: If not for Rav Yehudah's law, that one who frees a slave transgresses a Mitzvas Aseh (positive Mitzvah), I would force the master to free her.

(i)

Ravina: Rav Yehudah admits that one may free a slave to prevent transgressions.

(j)

Question: Does Abaye really argue about this?!

1.

(R. Chinena bar Rav Ketina): A case occurred in which Chachamim forced a master to free his half-Shifchah.

38b----------------------------------------38b

2.

(Rav Nachman bar Yitzchak): The case was, men were freely sinning with her.

(k)

Answer: Abaye agrees that we may free a slave if that is the only way to stop transgression;

1.

R. Chinena's case was different. A half Shifchah is forbidden to slaves and to free men. A full Shifchah may be paired with a male slave, and he will stop others from sinning with her.

(l)

(Rav Yehudah): One who frees a slave transgresses an Aseh - "forever you will make them work for you."

(m)

Question (Beraisa): A case occurred in which R. Eliezer found only nine men in a Beis ha'Keneses, and he freed his slave to complete the Minyan.

(n)

Answer: Rav Yehudah admits that one may free his slave for the need of a Mitzvah.

(o)

(Beraisa - R. Yishmael): "Forever they will work for you" is optional;

(p)

R. Akiva says, this is an obligation.

(q)

Question (against answer (n)): Perhaps R. Eliezer holds like R. Yishmael, that there is no obligation to work with slaves!

(r)

Answer (Beraisa - R. Eliezer): It (making slaves work for you) is an obligation.

(s)

(Rabah): People lose their property for three transgressions: freeing their slaves, perusing their possessions on Shabbos, and fixing their meal on Shabbos at the time of the lecture in the Beis Medrash.

1.

(R. Chiya bar Aba): There were two families in Yerushalayim that were uprooted. One fixed meals on Erev Shabbos, the other, on Shabbos day (at the time of the lecture).

4)

ONE WHO MAKES HIS SLAVE HEKDESH

(a)

Version #1 (Rabah citing Rav): If one declares his slave to be Hekdesh, the slave goes free.

(b)

Question: What is the reason?

(c)

Answer: The slave's body cannot become Kodesh. The master didn't say he is Mekadesh only his value. The only explanation is, he means that the slave should become part of the holy nation (through freedom).

(d)

Version #2 (Rav Yosef citing Rav): If one declares his slave to be Hefker, the slave goes free.

1.

Rabah says that he goes free even when he was declared Hekdesh, and all the more so, if he was made Hefker.

2.

Rav Yosef says that he goes free when he was made Hefker, but not if he was declared Hekdesh. Perhaps the master made his value Kodesh.

(e)

Question: Does the slave need a Get of freedom?

(f)

Answer (R. Chiya bar Avin citing Rav): In either case he goes free and requires a Get of freedom.

(g)

Question (Rabah (against his own teaching) - Beraisa #1): If one makes his property Hekdesh, and it includes slaves, the treasurers of Hekdesh may not free them. Rather, they may sell them to buyers that will free them;

1.

Rebbi says, the slave can give his own value to buy freedom his, for this is like selling the slave to himself.

(h)

Answer: One cannot refute Rav from a Beraisa. Rav is a Tana, and he can argue against a Beraisa!

(i)

Question (Beraisa #2): "Any Cherem (a form of Hekdesh)... from people" includes Kena'ani slaves (they do not go free)!

(j)

Answer: The case is, he explicitly was Makdish their value.

(k)

Question: Why didn't we give this answer to Beraisa #1?

(l)

Answer #1: Beraisa #1 said that the treasurers cannot set them free. If he was Makdish only their value, the treasurers have nothing to do with the slaves! (Their claim is only on the master to pay the slaves' value.)

(m)

Answer #2: Beraisa #1 said that the treasurers can sell them to others, who will set them free. The others cannot free them (if he was Makdish their value, for the treasurers had no authority to sell them)!

(n)

Answer #3 (Seifa of Beraisa #1 - Rebbi): The slave can pay his own value to go free, for this is like selling him to himself.

1.

If he was Makdish their value, the treasurers have no authority to sell him!

(o)

Question (Beraisa #3): One who makes his slave Hekdesh, the slave works and is fed from the earnings, for only his value was made Hekdesh.

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