KIDUSHIN 16-17 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

[16a - 55 lines; 16b - 54 lines]

1)[line 1]בעובד כוכבים שישנו תחת ידךOVED KOCHAVIM SHE'YESHNO TACHAS YADECHA- a Nochri under your jurisdiction (i.e. when the governing power is Jewish)

2)[line 5]"אם אחרת יקח לו""IM ACHERES YIKACH LO"- "If he takes another wife." (Shemos 21:10) - The verse states that if the master or his son (see Mechilta (Malbim and Torah Temimah), and Ibn Ezra ha'Katzar) marries the Jewish maidservant and then takes another wife, he may not diminish the entitlements of the first wife. The Gemara derives from this verse that the taking of a Jewish maidservant is comparable to the taking of a normal wife.

3)[line 14]"לא תצא כצאת העבדים""LO SETZEI K'TZEIS HA'AVADIM"- "She shall not go out like the freedom of [male] servants." (Shemos 21:7)

4)[line 17]חזקהC HAZAKAH

(a)When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used are: for Metaltelin (mobile items) - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4. Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or the tie lines of a boat; for Mekarka'in (immobile items) - 1. Kesef, i.e. paying money; 2. Shtar, (a document specifying the sale or gift of the land - this Kinyan is only applicable to certain cases - see Kidushin 26a); 3. Chalipin (lit. barter - see Background to Kidushin 13:10); 4. Chazakah, i.e. performing an act that is normally performed by an owner.

(b)Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing in), and Paratz (making a breach in a fence to create an entrance) or any act that is done to enhance the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).

(c)A normal adult slave, although mobile, is compared to real estate with regard to the type of Kinyan that is required for his purchase (Kidushin 22b, based on Vayikra 25:46). As such, a slave may be purchased with Kesef (paying money), Shtar (handing over a contract), or Chazakah (having the slave perform an act for his intended master that demonstrates their impending relationship, with the intention of buying him).

(d)Examples of Chazakah for slaves are taking off his master's shoes, following his master to the bathhouse carrying a change of clothing for him, undressing his master, washing him, etc. (Kidushin ibid.).

5)[line 17]"והתנחלתם אתם לבניכם אחריהם [לרשת אחזה לעלם בהם תעבדו ובאחיכם בני ישראל איש באחיו לא תרדה בו בפרך]""V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM [LA'RESHES ACHUZAH, L'OLAM BAHEM TA'AVODU; UV'ACHEICHEM BENEI YISRAEL, ISH B'ACHIV LO SIRDEH VO B'FARECH.]"- "And you shall hold onto them as a heritage for your children after you, [to give to your heirs as a possession; you shall work with them forever; but your brothers, the people of Yisrael, you shall not subjugate with hard labor.]" (Vayikra 25:46)

6)[line 20]ומה ראית?U'MAH RA'ISA?- but what did you see [that made you interpret the verses in this manner, and not in the opposite manner? That is, what made you infer from the verse, "And you shall hold onto them," that only an Eved Kena'ani is acquired with Chazakah and not an Amah Ivriyah, while you infer from the verse, "She shall not go out... like [male] servants," that she is acquired like male servants, i.e. with a Shtar. Perhaps we should expound the verses in the opposite manner!]

7)[line 23]בנכסי הגרB'NICHSEI HA'GER (NICHSEI HA'GER SHE'MES)

(a)When a Jew dies, his closest relatives inherit his estate (according to the hierarchy established by the Torah as recorded in Bamidbar 27:8-11). Since all of the Jews are related to each other (at least through Yakov Avinu and his sons), every Jew must have at least one heir. A convert, however, may have no heirs (since his non-Jewish relatives do not inherit his estate). When a convert dies without heirs, his estate becomes Hefker (ownerless). The first person who takes possession of his belongings becomes their owner.

(b)In order to take possession of the estate of a convert who dies without any heirs, one must make a Ma'aseh Kinyan (a formal Halachically binding act of possession), as in all cases of taking possession of items that are Hefker. The forms of Ma'aseh Kinyan that may be used are listed above, entry #4.

8)[line 26]שאינה יוצאה בראשי אבריםSHE'EINAH YOTZ'AH B'ROSHEI EIVARIM K'EVED (SHEN V'AYIN)

(a)If the owner of an Eved Kena'ani (a Nochri slave) hits his slave and wounds him by taking out the slave's eye or permanent tooth, the slave becomes entitled to his freedom (Shemos 21:26-27). In order to be freed, the wound must have been inflicted intentionally, but need not specifically be in the eye or tooth (Kidushin 24b).

(b)The same applies if the master dismembers one of the slave's 24 Roshei Evarim (limb-tips). The 24 Roshei Evarim are the ten fingers, ten toes, nose, ears, and the male Ever (RASHI to Gitin 42b). The Gemara (Kidushin 24a) adds more limbs for which this Halachah applies.

(c)The requirement to free the slave under such circumstances is considered a Kenas (a penalty or fine) which is imposed upon the master for unjustly wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b). Therefore, if the owner admits that he is guilty of taking out his slave's tooth or eye, he need not free the slave (Bava Kama ibid.).

(d)The Gemara here teaches that this penalty does not apply to a Jewish maidservant; she does not go free upon incurring such injury.

9)[line 30]"[כי תקנה עבד עברי] שש שנים יעבד ובשבעת יצא לחפשי חנם""[KI SIKNEH EVED IVRI] SHESH SHANIM YA'AVOD UVA'SHEVI'IS YETZEI LA'CHOFSHI CHINAM."- "[When you acquire a Jewish servant,] he shall work for six years and in the seventh he shall go free without having to pay." (Shemos 21:2)

10)[line 32]"והפדה""V'HEFDAH"- "He shall let her be redeemed." (Shemos 21:8) - The use of the word "v'Hefdah," involving the master in her redemption, and not the word "v'Nifdis" ("and she shall be redeemed"), implies that he must play a role in her redemption by subtracting the amount of money for the years that she has served him.

11)[line 35, 36]מכסף מקנתו/ישיב גאולתוMI'KESEF MIKNASO / YASHIV GE'ULASO

(a)The verses state "[v'Chishav Im Konehu mi'Shenas Himachro Lo Ad Shenas ha'Yovel; v'Hayah Kesef Mimkaro b'Mispar Shanim, k'Ymei Sachir Yiheyeh Imo. Im Od Rabos ba'Shanim, Lefihen] Yashiv Ge'ulaso mi'Kesef Miknaso" - "[And he shall reckon with him (the master) who bought him (the slave) from the year that he was sold to him to the year of Yovel; and the price of his sale shall be according to the number of years, according to the time of a hired servant shall it be with him. If there are yet many years, according to them] he shall return the price of his redemption out of the money for which he was bought." (Vayikra 25:50-51)

(b)The words "mi'Kesef Miknaso" ("out of the money for which he was bought") teach that the Eved Ivri can give money in order to procure his freedom.

(c)The words "Yashiv Ge'ulaso" ("he shall return the price of his redemption") teach that the Eved Ivri can give items that have value (are worth money, "Shaveh Kesef"), just like he may give money, in order to procure his freedom. This is derived from the extra word "Yashiv" ("he shall return") (see RASHI 8a, DH Yashiv).

12)[line 38]אדמיהA'DAMEI- for his value

13)[line 53]דבר שיש לו קצבהDAVAR SHE'YESH LO KITZVAH- a thing that has a set limit

16b----------------------------------------16b

14)[line 2]שומאSHUMA- mole (the hairs that grow as a result of a mole)

15)[line 3]ועודן בוV'ODAN BO- and they are still on him

16)[line 28]קל וחומר פריכא היאKAL VA'CHOMER PERICHA HI- it is a Kal va'Chomer that has a refutation

17)[line 31]ענקENEK- gift (specifically, the gifts that the master must give his Eved or Amah upon the servant's freedom)

18)[line 43]יו''ד קרתYUD KARAS- (a) A small letter "Yud" has been made into a large city (i.e., the Tana made the Beraisa larger unnecessarily by adding that the male servant receives his own gifts) (RASHI); (b) "Yudkeras" is the name of a place, as we find in Ta'anis 23b (GA'ON, as cited by the Mesores ha'Shas; according to Rabeinu Chananel (cited by the Shitah Lo Noda l'Mi); Rav Yosef here is exclaiming that the Gemara's question is the type of question asked by Rebbi Yosi of Yudkeras, or, alternatively, it was he who asked this question. See Ritva who explains that "Yudkeras" refers to a person who asked particularly difficult questions).

19)[line 44]תוטאיTUTA'I- the name of a Tana

20)[line 52]"[... ובשנה השביעית] תשלחנו [חפשי מעמך]. וכי תשלחנו [חפשי מעמך לא תשלחנו ריקם]""[... UVA'SHANAH HA'SHEVI'IS] TESHALCHENU [CHOFSHI ME'IMACH.] V'CHI SESHALCHENU [CHOFSHI ME'IMACH LO SESHALCHENU REIKAM]."- "[... and in the seventh year] you shall send him [free from you.] And when you send him [free from you, do not send him empty-handed.]" (Devarim 15:12-13)

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