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Kidushin Chart #5
(A) REBBI MEIR |
(B) CHACHAMIM |
(C) REBBI SHIMON BEN ELAZAR |
||
---|---|---|---|---|
1) | WITH KESEF, BY GIVING IT HIMSELF |
No | Yes(3) | No(5) |
2) | WITH KESEF, WHEN OTHERS GIVE IT(1) |
Yes * | Yes | Yes |
3) | WITH SHTAR, BY RECEIVING IT HIMSELF (since "Gito v'Yado Ba'in k'Echad")(2) |
Yes * | Yes(4) | No |
4) | WITH SHTAR, WHEN OTHERS RECEIVE IT FOR HIM (since it is a Zechus for him to go free) |
No | Yes | Yes(6)* |
* = This opinion is recorded in the Mishnah (22b), according to the Gemara's conclusion
==========
FOOTNOTES:
==========
(1) The reason why Kesef works when others give it to the master is because
it is a Zechus (benefit) for the Eved to go free. However, even according to
Rebbi Meir (who holds that it is a Chov (detriment) for the Eved to go
free), the Gemara concludes that Kesef given by others can free the Eved.
The reason is because just like Kesef can acquire the Eved against his will,
so, too, it can be used to free him (make him acquire himself) against his
will.
(2) Apparently, the same applies even if we do not apply the principle of
"Gito v'Yado Ba'in k'Echad" -- the Eved can still become free by receiving
his Shtar Shichrur if we hold that "Yesh Kinyan l'Eved b'Lo Rabo," and his
master gives him the Get on condition that he (the master) has no rights to
it. However, it could be that even in such a situation the Get would not be
a valid Shichrur, because even though the master was Makneh the Get to his
Eved, nevertheless the master did not put the Get into a domain which is not
his (for the Eved's hand is still certainly the domain of the master.
(3) This is the opinion expressed in the Mishnah, according to the
Chachamim, when the Mishnah says "b'Kesef Al Yedei Atzmo." The Mishnah is
saying that the Eved goes free with Kesef *even* when he gives it himself,
and certainly when others give it on his behalf, and certainly when he or
others receive a Shtar (RASHI).
(4) Rashi first questioned this point, considering the possibility that
perhaps receiving a Shtar himself does not free him, according to the
Chachamim. Rashi concludes that receiving a Shtar himself ("Shtar Al Yedei
Atzmo") certainly works according to the Chachamim (for "Gito v'Yado Ba'in
k'Echad"), because we see "every day it is done" that people free their
Avadim by giving them Shtaros, even though the Halachah is in accordance
with the Chachamim. Thus it must be that the Chachamim hold that receiving a
Shtar "Al Yedei Atzmo" works. (Rashi wrote this already at the beginning of
the Sugya (DH v'Ha Kayma Lan); see KIKAYON D'YONAH regarding why Rashi
repeats this at this point in the Gemara.)
(5) This is inferred from Rebbi Shimon ben Elazar's words when he says that
an Eved goes free "even" with a Shtar "Al Yedei Acherim," implying that the
Eved also goes free with *Kesef* "Al Yedei Acherim" and not "Al Yedei Atzmo"
(RASHI, TOSFOS).
(6) Accordingly, the end of the Mishnah means that the Eved goes free with a
Shtar "Al Yedei Acherim," and so, too, he goes free with Kesef "Al Yedei
Acherim."
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