KIDUSHIN 21 (30 Tishrei) - dedicated by Reb Mordechai Rabin (London/Yerushalayim) l'Iluy Nishmas his father, ha'Gaon Rav Gedalya Rabinowitz of Manchester, England (and in his later years, Bnei Brak, Israel). Hearing a Shiur of his was an unforgettable experience as can be attested to by his many Talmidim, both Bnei Yeshiva and Ba'alei Batim.

Kidushin Chart #1

Chart for Kidushin Daf 14b-21a

THE VERSES IN THE TORAH THAT TEACH THE LAWS OF AVADIM

(A)
WHICH EVED IS THE VERSE DISCUSSING?
(B)
THINGS MENTIONED IN THE VERSE THAT FREE THE EVED
(C)
OTHER LAWS MENTIONED IN THE VERSE
1 PARSHAS MISHPATIM
(Shemos 21:2-6)
Eved sold by
Beis Din
Six years Nirtza
2 PARSHAS MISHPATIM
(Shemos 21:7-11)
Amah Ivriyah Simanim,
Gira'on Kesef
Yi'ud
3 PARSHAS BEHAR
(Vayikra 25:39-43)
-"Sachir"
Eved sold by himself
to a Jew
Yovel (The Isur of overburdening & disgracing him)
4 PARSHAS BEHAR
(Vayikra 25:47-54)
-"Sachir"
-"Vav Mosif"
Eved sold by
himself to a Nochri
Yovel,
Gira'on Kesef
Redemption by relatives
5 PARSHAS RE'EH
(Devarim 15:12-18)
-"Sachir"
Eved sold by
Beis Din
Six years Nirtza,
Ha'anakah, Hekesh to Amah Ivriyah

Kidushin Chart #3a

Chart for Kidushin Daf 20b-21a

THE REDEMPTION OF AN EVED IVRI, FIELDS, AND HOUSES (1)

(A)
WHEN MAY IT BE REDEEMED
(B)
WHAT HAPPENS WHEN IT IS NOT REDEEMED
1 EVED IVRI As long as there remains a Perutah's worth of work He goes free at six years or at Yovel
2 SEDEH ACHUZAH THAT WAS SOLD From two years after the sale until Yovel It returns, at Yovel, to the original owner
3 HOUSE IN A WALLED CITY THAT WAS SOLD From the time of the sale until one year has passed It permanently becomes the possession of the buyer
4 SEDEH ACHUZAH THAT WAS SANCTIFIED From the time of the Hekdesh until Yovel It is divided up among the Kohanim (2)

Chart for Kidushin Daf 20b-21a

THE MANNER OF REDEEMING AN EVED IVRI, FIELDS, AND HOUSES

(A)
MAY ONE BORROW MONEY IN ORDER TO REDEEM IT, AND MAY HE REDEEM IT IN SECTIONS?
(B)
CAN RELATIVES REDEEM IT? (3)
1 EVED IVRI SOLD TO A NOCHRI No Yes (4)
2 SEDEH ACHUZAH THAT WAS SOLD No Yes
3 HOUSE IN A WALLED CITY THAT WAS SOLD Machlokes (5) No
4 SEDEH ACHUZAH THAT WAS SANCTIFIED Yes (6) No (7)

Chart for Kidushin Daf 14b-21a

DIFFERENCES BETWEEN THE VARIOUS TYPES OF "EVED IVRI" WITH REGARD TO GAINING THEIR FREEDOM

(A)
MACHRUHU BEIS DIN
(B)
MOCHER ATZMO L'YISRAEL
(C)
MOCHER ATZMO L'NOCHRI
1 HE GOES FREE AT YOVEL Yes (8) Yes (9) Yes (9)
2 HE GOES FREE AT SIX YEARS Yes (9) Machlokes (10) Machlokes (11)
3 HE IS REDEEMED BY RELATIVES (12) No (13) No (13) Yes (14)
4 HE CAN BECOME NIRTZA Yes (9) Machlokes (10) Machlokes (15)
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FOOTNOTES:

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(1) See Chart to Erchin 23a, in which we discussed in depth many details of these Halachos which are not directly pertinent to our Sugya.

(2) That is, it is given to the Kohanim of the Mishmar which is serving in the Beis ha'Mikdash at the time that Yom Kipur of the Yovel year occurs.

(3) See Chart #4, footnote 5. (Regarding the redemption of a field and a house, the Tana'im argue whether it is a Mitzvah (i.e. obligatory) for relatives to redeem it, or it is voluntary.)

(4) An Eved Ivri who is sold to a Jew is not redeemed by relatives (see Chart #4, footnote 6).

(5) According to Rebbi Shimon, it may be redeemed in sections. According to the Rabanan, it may not be redeemed in sections.

(6) This is derived from the verse, "Im Ga'ol Yig'al."

(7) That is, although it may be redeemed by relatives, if relatives (and not the one who sanctified it) redeem it, it does not return to the possession of the one who sanctified it at Yovel. Rather, it is divided up among the Kohanim upon the arrival of Yovel (see Chart #3a, row 4:B).

(8) This is derived from a verse (15a).

(9) This is written explicitly in the verse (see Chart #1).

(10) This is subject to the Machlokes between the Tana Kama and Rebbi Eliezer (14b).

(11) According to the Tana Kama (ibid.), obviously the Eved does not go free after six years just like any Eved who is Mocher Atzmo. But even according to those who normally compare the Halachos of Mocher Atzmo to those of Machruhu Beis Din, Rebbi maintains (15b) that the Eved is not automatically freed with the passing of six years, because the verse says, "ba'Eleh" (Vayikra 25:54), implying that only with these (i.e. relatives) is he redeemed. According to Rebbi Yosi ha'Gelili and Rebbi Akiva (ibid.), who learn from "ba'Eleh" different Halachos, it is implied that the Eved who sold himself to a Nochri does automatically go free after six years.

(12) That is, it is a Mitzvah for the relatives to redeem him, and they are bidden to redeem the slave even against his will; TOSFOS RID 15b. (If, however, both the relatives and the slave are interested in having the slave redeemed, every Eved Ivri goes free with Gira'on Kesef and therefore it is obvious that no one can stop the relatives from giving the slave money to redeem himself, no matter what type of Eved Ivri he is.)

(13) According to Rebbi, the Gemara (15b) says clearly that the Eved is not redeemed by relatives, since the verse says, "Yig'alenu" (only an Eved Ivri sold to a Nochri may be redeemed by relatives, and not any other Eved Ivri). According to the Rabanan, the Gemara questions whether he is redeemed by relatives or not, and the Gemara does not resolve the matter (end of 21a). Since it is not clear that they indeed argue with Rebbi on this point, we did not list this as a Machlokes in the chart. Note also that even though Tosfos (15b, DH Amai) differentiates -- according to the Havah Amina of the Gemara there -- between an Eved who sold himself and an Eved sold by Beis Din, nevertheless according to the conclusion of the Gemara (that we have a Gezeirah Shavah of "Sachir Sachir", and we do not expound the "Vav" to be "Mosif Al Inyan Rishon), it seems that there is no difference between them and even an Eved who sold himself cannot be redeemed by relatives.

(14) The verse says explicitly that such an Eved is redeemed by relatives. However, according to Rebbi Akiva (15b) after he is redeemed from the Nochri he becomes the Eved of his relatives.

(15) Although this Halachah does not appear explicitly in the Gemara, it would seem to be subject to the same Machlokes between the Tana Kama and Rebbi Eliezer that we mentioned above (footnote #3). (One might argue that an Eved Ivri sold to a Nochri cannot become Nirtza according to any opinion, since his master cannot give him a Shifchah Kena'anis to live with (because a Nochri cannot own a Shifchah Kena'anis) and any Eved who cannot be given a Shifchah cannot become Nirtza -- as the Gemara says on 21a. However, careful analysis of what we wrote in the Insights to 21:2 shows that such logic cannot be applied in our case.)

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