THE HETER TO TAKE A YAFES TO'AR
(Beraisa): "And you will see among the captives" - when you first take her captive. "A woman" - even a married woman;
"Beautiful" - the Torah permitted her only because the temptation is too great;
It is better that a Yisrael eat animals that were slaughtered when they were (not Tereifah but) about to die (this is permitted, but discouraged) than that they should eat animals that died without slaughter. (Here also, it is better that a Yisrael take her in a permitted (but discouraged) way, not in a forbidden way.)
"And you desire" - even if she is not beautiful. "Her" you may take only one . "And you will take" - you can be Mekadesh her (even though she did not convert willingly). "For yourself like a wife" - you may not take a second woman for your father or son;
"And you will bring" - you may not have Bi'ah with her during the war (before she converts - Rashi; Tosfos - you may not hasten to begin the conversion process during the war).
BECOMING A NIRTZA
(Beraisa): "Say, if the slave will say" - he must say twice that he wants to stay.
"I will not go out" teaches that he must say this at the end of the six years. It does not suffice to say so at the beginning;
"If the slave will say" - he must say this when he is still a slave. It is not enough to say so at the end.
Question #1: How could we think that he may say this at the beginning? He must say "I love my wife (Shifchah) and children (from her)." He does not have a Shifchah and children yet!
Question #2: Why is it not enough to say so at the end? At the end of the six years, is he not still a slave?!
Answer to both questions (Rava): The Beraisa refers to the beginning and end of the last Perutah's worth of his term.
(Beraisa): If the slave has a wife (Shifchah) and children, but his master does not, he cannot become a Nirtza - "he loves you and your household";
If the master has a wife and children, but the slave does not, he cannot become a Nirtza - "I love my master and my wife and my children";
If the slave loves his master, but the master does not love the slave, he cannot become a Nirtza - "it is good for him with you";
If the master loves the slave, but the slave does not love the master, he cannot become a Nirtza - "he loves you".
If the slave is sick and the master is healthy, he cannot become a Nirtza - "it is good for him with you";
If the master is sick and the slave is healthy, he cannot become a Nirtza - "with you";
Question (Rav Bivi bar Abaye): If both are sick, what is the law?
It is enough that he is "with (like) you"?
Or, does "it is good for him with you" exclude this?
This question is unresolved.
THE MASTER'S OBLIGATIONS
(Beraisa): "It is good for him with you" - regarding food and drink;
The master cannot enjoy food, drink, or sleeping accommodations of higher quality than his slave.
Buying an Eved Ivri is like buying a master!
(Beraisa - R. Shimon) Question: Why does it say "he will go out from you, he and his children with him"? His children were not sold!
Answer: This teaches that the master must feed the slave's children.
Question (R. Shimon): Question: Why does it say "if he is married, his wife will leave with him"? His wife was not sold!
Answer: This teaches that the master must feed the slave's wife.
It was necessary to teach both of these.
Had we learned only about the children, one might have thought that they are fed because they cannot support themselves, but his wife would have to work to feed herself!
Had we learned only about his wife, one might have thought that she is fed because it is not normal for a woman to go begging, but his children would go begging to feed themselves!
PIERCING THE EAR
(Beraisa): Had the Torah said 'his ear in the door', one would have thought that the master bores into the door opposite the slave's ear;
Objection: How could one think so? It says "he will pierce his ear with an awl"!
Correction: Rather, one would have thought that he pierces the ear elsewhere, then brings the slave to the door and bores into the door opposite the slave's ear;
Therefore, it says "in his ear and in the door." He bores through the ear until he reaches the wall.
Suggestion: Perhaps the door can be detached or attached?
Rejection: "Mezuzah" equates the door to the Mezuzos (the sides of the doorframe). Just like the Mezuzos are standing, also the door (must be attached).
(R. Yochanan ben Zakai): The ear is the limb that is pierced, because it heard Hash-m say on Mount Sinai "Bnei Yisrael are slaves to Me", not slaves to slaves, and this man acquired a different master for himself!
(R. Shimon b'Rebbi): We pierce by the door and Mezuzah, because they were witnesses when Hash-m passed over the doors (of Yisrael when killing the firstborns in Mitzrayim);
Hash-m said "Bnei Yisrael are slaves to Me", not slaves to slaves, and He took us from slavery to freedom, and this man acquired a different master for himself!
Therefore, the piercing is done in front of the witnesses.
ACQUISITIONS OF AN EVED KENA'ANI
(Mishnah): An Eved Kena'ani is acquired through money, a document, or Chazakah.
R. Meir says, he acquires his freedom through money given by others, or by receiving a document himself;
Chachamim say, he acquires his freedom through money he gives himself, as long as it is of others, or by others receiving a document for him.
(Gemara) Question: What is the source of this?
Answer: "You will bequeath them (Avadim Kena'ani Im) to your children after you for an inheritance" equate slaves to an inherited field;
Just like an inherited field is acquired through money, a document, or Chazakah, also a Kena'ani slave.
Suggestion: Just like an inherited field returns to the original owner in Yovel, also a Kena'ani slave should return!
Rejection: "Forever you will work with them".
(Beraisa): They can be acquired also through Chalipin.
The Tana of our Mishnah listed only acquisitions that do not work for Metaltelim (movable objects), therefore he omitted Chalipin.
(Shmuel): A Kena'ani slave can be acquired by Meshichah (taking to one's premises).
If he grabs the slave and the slave comes, he acquires him. If he calls to the slave and the slave comes, he does not acquire him.
Question: Granted, we can say that the Tana of our Mishnah listed only acquisitions that do not work by Metaltelim, therefore he omitted Meshichah;
The Tana of the Beraisa listed Chalipin, which applies to Metaltelim. Why did he omit Meshichah?
Answer: The Tana of the Beraisa lists only acquisitions of a slave that acquire both land and Metaltelim. Meshichah does not acquire land.
(Shmuel): If he grabs the slave and the slave comes, he acquires him. If he calls to the slave and the slave comes, he does not acquire him.
Question: Calling acquires animals!
(Beraisa): If he grabs it regarding the hooves, hair, saddle, burden, bridle in its mouth, or bell on its neck, he acquires it through Mesirah (handing over);
If he calls to it and it comes, or he hits it with a stick and it runs before him - once it lifts a foreleg and hind leg, he acquires it through Meshichah;
R. Asi says, it must walk its own length.
Answer: An animal comes because it was called. A slave chooses to come. (The slave did the Meshichah. The buyer did not.)
(Rav Ashi): A child slave has the law of an animal.
CHAZAKAH OF AN EVED KENA'ANI
(Beraisa): Chazakah is when the slave does for the buyer one of the following: unties his shoe, carries his clothing in back of him to the bathhouse, undresses him, bathes him, anoints him, scratches him, clothes him, puts his shoes on, or lifts him;
R. Shimon: Chazakah cannot be better than Hagbahah (lifting), for Hagbahah works everywhere!
Question: What does R. Shimon teach?
Answer (Rav Ashi): The first Tana said that if the slave lifts the master, he is acquired, but not if the master lifts the slave;
R. Shimon teaches that also in this case, he acquires the slave. Chazakah cannot be better than Hagbahah, for Hagbahah works everywhere!
Question: If a slave is acquired if he lifts the master, one should be able to acquire a Shifchah through Bi'ah (normally, the man rests on top of her)!
Answer: Chazakah is only when the master benefits from the slave's pain. A Shifchah also enjoys Bi'ah!
Question: A Shifchah should be acquired through Bi'ah Lo k'Darkah!
Answer #1 (Rav Achayei bar Ada): Perhaps she also enjoys it.
Answer #2 (Rav Achayei): "Mishkevei Ishah" equates normal and Bi'ah Lo k'Darkah.
Rebbi Yehudah Hindu'ah was a convert without heirs. He fell sick. Mar Zutra came to visit, and saw that he was close to death. He told Rebbi Yehudah's slave 'take off my shoes and bring them to my house' (and thereby acquired him).