A SLAVE GIVEN FOR COLLATERAL
Version #1 (Rashi) Answer #3: (In both cases, the date arrived.) Regarding the field, Reuven did not take the fruit. (Therefore, it is exempt from Ma'aser.)
Version #2 (Tosfos) Answer #3: (In Beraisa #1, the date arrived.) The Beraisa teaches that he goes free, even though the Nochri did not yet take him. (In Beraisa #2, the date did not yet arrive.)
(Beraisa): If a Nochri collected a slave for payment of a debt, or a slave was given for a bribe to a Nochri who often kills Yisre'elim, he does not go free.
Contradiction (Beraisa): If the king's servants took produce of a Yisrael:
If they took it for payment of a debt, the Yisrael must take Ma'aser on it;
If it was taken for no reason, he need not take Ma'aser.
Answer: Regarding Ma'aser, since the Yisrael benefits from the produce (this pays his debt) he must tithe it. (However, it is not considered a sale to be subject to the fine of our Mishnah.)
Question: Rav taught that if Reuven sold his slave to a Nochri who makes false claims to take property, he goes free!
Answer: There, Reuven is fined, for he should have appeased the Nochri with other property.
(Rav): If Reuven sold his slave to a Nochri who makes false claims to take property, he goes free.
Question: Why is Reuven fined? He is blameless!
Answer: He should have appeased the Nochri with other property.
Question (R. Yirmeyah): If a Yisrael sold his slave to a Nochri for 30 days, what is the law?
Answer: Rav taught that if, Reuven sold his slave to a Nochri who makes false claims to take property, he goes free. (We are thinking that he gave his slave only temporarily.)
Rejection: No. The case is, he gave the slave permanently.
Question: What is the law if the slave was sold on one of the following conditions?
The buyer cannot make him work.
The buyer must allow him to keep Mitzvos.
The buyer cannot make him work on Shabbos and Yom Tov.
The buyer was a Nochri who accepted to keep his seven Mitzvos.
The buyer was a Yisrael Mumar (idolater).
The buyer was a Kusi.
Answer (for case 4): Selling to a Nochri who keeps his seven Mitzvos is like selling to a regular Nochri.
Some say that a Yisrael Mumar and a Kusi are like Nochrim. Some say that they are like Yisre'elim.
A SLAVE WHO GAVE HIMSELF OVER TO CAPTORS
Question: If a slave gave himself over to captors, and his owner cannot recover him, neither through courts of Yisrael or the Nochrim, may the owner accept payment from the captors?
Answer #1 (R. Zerika - Beraisa): If one sells his house (in Eretz Yisrael) to a Nochri, he may not benefit from the money;
If a Nochri forcibly took the house, and the Yisrael cannot recover it, neither through courts of Yisrael or the Nochrim, the owner may accept payment for it.
He may do this through the civil courts, for it is saving his loss.
Rejection: Perhaps we do not decree about a house, for everyone needs a house and one would not come to sell willingly. Regarding a slave, we decree, lest he come to sell willingly!
Answer #2 (R. Ami): The master may accept payment for his slave. He may do so through the civil courts, for it is saving his loss.
Version #1 (R. Yehoshua ben Levi): If Reuven sold his slave to a Nochri, we fine Reuven, and force him to redeem his slave, even for 100 times the sale price.
Question: Do we understand 100 literally? (Rashi - or, it is an exaggeration? Tosfos - or, there is no limit?)
Answer: Reish Lakish taught that if Reuven sold a work animal to a Nochri, we fine Reuven, and force him to redeem his animal, even for 10 times the sale price. (Rashi - this shows that 100 was an exaggeration; Tosfos - just like we fine even more than 10, we fine even more than 100!)
Rejection: Perhaps the sale of a slave is worse, for this prevents the slave from keeping Mitzvos.
Version #2 (R. Yehoshua ben Levi): If Reuven sold his slave to a Nochri, we fine Reuven, and force him to redeem his slave, even for 10 times the sale price.
Question: Do we understand 10 literally?
Answer: Reish Lakish taught that if Reuven sold a work animal to a Nochri, we fine Reuven, and force him to redeem his animal, even for 100 times the sale price.
Rejection #1: Perhaps he must pay more to redeem his animal, for he will get to keep his animal. (But when he redeems his slave, the slave is free.)
Objection (to rejection): If that is the reason, he should need to pay extra (above 10) only the price (11 in all)!
Rejection #2: The sale of a slave to a Nochri is uncommon, so a large fine was not levied for it.
Question (R. Yirmeyah): If Reuven sold his slave to a Nochri, and Reuven died, do we force Reuven's son to redeem him?
Suggestion: If Reuven blemished a Bechor (firstborn male Tahor animal) and he died, we fine his son (that he may never eat the animal, and likewise we fine his son here).
Rejection: There, Reuven transgressed Torah law. We cannot learn to our case, which is only mid'Rabanan.
Suggestion: If Reuven intentionally left work to do during Chol ha'Mo'ed and he died, we do not fine his son (he may benefit from it. Also here, we do not fine the son.)
Rejection: There, Reuven died without transgressing. We cannot learn to here, where the father transgressed.
Summation of question: Here, is the fine against one who sells his slave (but not against his son)? Or is it against the seller's money (and his money must be used to redeem the slave)?
Answer (R. Asi - Mishnah): If a field was weeded in Shemitah, it may be seeded the next year. If it was fertilized in Shemitah, it may not be seeded the next year;
(R. Yosi bar Chanina): If Reuven fertilized it and died, Reuven's son may seed it the next year.
This shows that we fined only the transgressor, but not his son.
(Abaye): If Reuven was Metamei Shimon's food, and Reuven died, Reuven's son need not compensate Shimon.
This is because undetectable damage is not considered damage. Chachamim fined one who does so. This fine was levied only against the damager, but not against his son.
ONE WHO SOLD HIS SLAVE TO CHUTZ LA'ARETZ
(Mishnah): Or to Chutz La'aretz...
(Beraisa): If one sells his slave to Chutz La'aretz, he goes free, and needs a Get of freedom from the buyer;
R. Shimon ben Gamliel says, whether he goes free depends on the wording of the sale:
If he said 'I sold my slave to Ploni the Antuchi', he does not go free;
If he said 'I sold my slave to Ploni the Antuchi who lives in Antuchiya', he goes free.
Contradiction (Beraisa): If he said 'I sold him to Ploni the Antuchi', he goes free;
If he said 'I sold him to Ploni the Antuchi who lives in Lud', he does not go free.
Answer: If Ploni has a house in Eretz Yisrael, the slave goes free only if he said 'who lives in Antuchiya.' If Ploni has only a place in Eretz Yisrael where he lodges, the slave goes free even if he did not say this.
Question (R. Yirmeyah): If a man from Bavel married a woman of Eretz Yisrael, who brought slaves into the marriage, and he intends to return to Bavel, do the slaves go free? (The slaves are Tzon Barzel; he may use them, and when she receives her Kesuvah he returns them. Compensation is given if their value went up or down.)
We can ask this according to the opinion that the law favors her (she can demand to receive back the same Tzon Barzel property that she brought into the marriage), and according to the opinion that the law favors him (he can keep the property and return its initial value).
According to the opinion that the law favors her, do we say that it is like her property (the slaves were not sold)?
Or, since they work for her husband, they are like his?
According to the opinion that the law favors him, do we say that it is like his property (they were sold)?
Or, since he only owns their earnings, they are like hers?
This question is unresolved.
(R. Avahu): If a slave followed his master to Surya and was sold there, he goes free.
Question: R. Chiya taught that the slave (by agreeing to leave Eretz Yisrael) lost his privilege (the fine does not apply)!
Answer: R. Avahu discusses when the master intended to return to Eretz Yisrael. R. Chiya discusses when he intended to stay in Chutz La'aretz.
Support (Beraisa): A slave follows his master to Surya...
Objection: A slave need not go!
(Mishnah): One cannot force (his slave ) to leave Eretz Yisrael...
Correction: Rather, if a slave followed his master to Surya and was sold there, if the master intended to return to Eretz Yisrael, he must free him. If he intended to stay in Chutz La'aretz, he need not free him.
Rav Anan: I heard the above teaching from Shmuel, and also the following.
(Rav): If Reuven sold his field during the Yovel year, it is sold, and reverts to Reuven;
(Shmuel): It is not sold at all.
Question (Rav Anan): In only one case, Shmuel says that the buyer gets back his money - I do not know in which.
Answer (Rav Yosef - Beraisa): If one sold his slave to Chutz La'aretz, he goes free and needs a Get of freedom from the buyer.
Since the buyer owns him, Shmuel cannot say that the money goes back!
Conclusion: We must say that regarding Yovel, Shmuel says that it is not a sale and the buyer gets back his money.