KIDUSHIN 23 (2 Cheshvan) - dedicated l'Iluy Nishmas Shlomo Mordechai ben Yakov Sobol by his son Aaron.

[23a - 48 lines; 23b - 36 lines]

1)[line 1]זה פירש למיתה וזה פירש לחייםZEH PIRESH L'MISAH, V'ZEH PIRESH L'CHAYIM- as this one (Rebbi Yehudah Hindeva'ah) died, this one (Mar Zutra) became the new master of the slave (lit. "this one separated to death, and this one separated to life")

2)[line 3]גר שמתGER SHE'MES (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 heirs. 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 denoting the acquisition of any part of the estate, as in all cases of taking possession of items that are Hefker. Depending on what object one is acquiring, different Kinyanim are used. The forms of Kinyan that may be used for the acquisition of the Metaltelin (mobile items) of a Ger are Hagbahah (i.e. lifting the item), Meshichah (i.e. pulling the item or causing it to move), and Chatzer (i.e. bringing the item into one's private domain). The only form of Kinyan that may be used for the acquisition of the land of a Ger is Chazakah (i.e. performing an act that is normally performed only by an owner).

(c)If the Ger owned Nochri slaves at the time of his death, at the instant of his death they become Hefker. Since they possess intelligence, they immediately "acquire" themselves and become freemen. (According to Aba Shaul, whose opinion is cited in our Sugya, this Halachah only applies to adult slaves; minors, who possess no intelligence with regard to Halachic matters, cannot go free in this manner. Rather, after the Ger's death, they remain slaves and whoever performs a Kinyan on them, acquires them.) However, as it is explained in our Sugya, if someone performs a Kinyan upon the slaves at the instant of the death of the Ger, the slaves do not go free. Rather, the person who performed the Kinyan upon them acquires them since there was never a moment when the slaves did not have an owner and were able to acquire their freedom.

3)[line 3]ובזבזוBIZBEZU- divided among themselves

4)[line 11]זכין לאדם שלא בפניו ואין חבין לו אלא בפניוZACHIN L'ADAM SHE'LO B'FANAV V'EIN CHAVIN LO ELA B'FANAV

(a)When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). This act may be performed by the Shali'ach (agent) of the person who makes the Kinyan instead of the person himself.

(b)When the acquisition of a certain object is unquestionably beneficial for a person, someone may acquire it for the person as if he were his Shali'ach even though he was not actually appointed a Shali'ach to do so. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin..." that allows one person to acquire an object for another person in such cases (RASHBA and RITVA to Kidushin 23b - see Insights there; RAN to Kidushin 42a; this may be an argument among the Tana'im in Bava Basra 156b).

(c)The Rishonim write that if the recipient expresses (afterwards, when he finds out about the Zechiyah) that he does not wish to accept the object, he does not obtain ownership (although in rare instances the Rishonim suggest that "Zachin" would work even if the recipient refuses the acquisition when he hears about it - see RASHBA to Kidushin 23b).

5)[line 14]אין קנין לעבד בלא רבוEIN KINYAN L'EVED B'LO RABO - an Eved Kena'ani cannot acquire an item without his master [acquiring it]

A Nochri slave does not independently own property. Rather, any object that the slave acquires automatically becomes the possession of his master. There is an argument among the Tana'im as to whether the slave can own something if it is specifically stipulated, at the time that it is given to him, that it should not become the master's (Kidushin 23a).

6)[line 18]דגיטו וידו באים כאחדD'GITO V'YADO BA'IM K'ECHAD- that the slave acquires his bill of release at one and the same time as he "acquires his hand," i.e. his ability to acquire things for himself and not for his master

7)[line 21]הואיל וקני ליה בעל כורחיה מקני ליה בעל כורחיהHO'IL V'KANI BE'AL KORCHEI, MAKNI LEI BE'AL KORCHEI- since he buys [the slave] against his will, he may release [the slave] against his will

8)[line 23]האי שטרא לחוד והאי שטרא לחודHAI SHTARA LECHUD V'HAI SHTARA LECHUD- each document (the document of acquisition and the document of release) is a separate entity

9)[line 25]טיבעא מיהא חד הואTIV'A MIHA CHAD HU- the actual coins, however, are the same

10)[line 27]שטר קבלת אחרים גרמה לוSHTAR, KABALAS ACHEIRIM GARMAH LO- in the case of the bill of release, the slave would go free when others accept it on his behalf [and it therefore cannot work because of the principle, "Ein Chavin la'Adam she'Lo b'Fanav" (see above, entry #4)]

11a)[line 45]גמר לה לה מאשהGAMAR LAH LAH MI'ISHAH- he learns it through [a Gezeirah Shavah (see Background to Gitin 41:13) comparing the word] "Lah" [that appears in the verse dealing with Shifchah Charufah (the betrothed maidservant (Vayikra 19:20) - see next entry) with the word] "Lah" [that appears in the verse dealing with divorce (Devarim 24:1)] of an ordinary woman

b)[line 45]לה לה מאשהLAH LAH ME'ISHAH (SHIFCHAH CHARUFAH)

(a)According to Rebbi Akiva (Kerisus 11a), a Shifchah Charufah is a Nochri woman who is half Shifchah (maidservant) and half free (e.g. she was owned by two partners and freed by one of them) who is Mekudeshes (betrothed) to a Jewish slave. Since she is half Shifchah her Kidushin is not complete, and if a man has relations with her they do not incur the death penalty. Rather, the man brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid or b'Shogeg, and the Shifchah is punished with Malkos (Vayikra 19:20-22).

(b)Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI to Yevamos 55b) or a Nochri slave (Acherim).

23b----------------------------------------23b

12)[line 2]שליח לקבל גיטוSHALI'ACH L'KABEL GITO- an agent to receive the Get Shichrur from his master on his behalf (see Background to Gitin 77:27 regarding a Shali'ach for a divorce; our Gemara ponders whether the same applies with regard to the release of an Eved Kena'ani)

13)[line 6]בתר דבעיא הדר פשטאBASAR D'VA'YA HADAR PASHTAH- after he asked the question, he subsequently answered it

14)[line 8]הני כהני שלוחי דרחמנא נינהוHANEI CHOHANEI, SHELUCHEI D'RACHMANA NINHU- these Kohanim are the agents of the Merciful One (the Gemara in Nedarim 35b questions whether the Kohanim, who perform the service in the Beis ha'Mikdash, serve in the capacity as agents for HaSh-m, so to speak, or serve as agents for the people)

15)[line 23]דאקני ליה אחר מנהD'AKNI LEI ACHER MANEH- when someone else gave to him a Maneh (equal to 100 Zuz, which was sufficient funds for the Eved Kena'ani to redeem himself)

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