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

1)

CAN A SLAVE ACQUIRE HIS FREEDOM BY HIMSELF?

(a)

Version #1: The slave was an adult. Mar Zutra was careful that the slave was serving him at the moment Rebbi Yehudah died.

(b)

Version #2: The slave was a minor. Mar Zutra was careful that the slave serve him at the moment of death because he argues with Aba Sha'ul (Rashi. Tosfos - Mar Zutra was able to acquire the slave because he was a minor, and Mar Zutra holds like Aba Sha'ul. Chachamim hold that even a minor goes free, even if he was working for another.)

1.

(Beraisa): A convert died (without heirs); his slaves, even minors, become free;

2.

Aba Sha'ul says, only adult slaves acquire their own freedom. Minors remain slaves, and anyone can take them.

(c)

(Mishnah - R. Meir): He becomes free through others giving money for him...

(d)

Inference: He cannot become free by giving money himself.

(e)

Question: What is the case?

1.

Suggestion: The slave did not authorize the redemption.

2.

Rejection: R. Meir holds that it is detrimental for a slave to go free (so this would not work)

i.

(Mishnah): Zachin l'Adam she'Lo Befanav (we may benefit one in his absence), but Ein Chavin l'Adam Ela Befanav (we may do something detrimental to him only in his presence, with his consent).

(f)

Answer #1: We must say that the slave agreed to be redeemed. The Mishnah teaches that the redemption can only be through others, not through himself.

1.

This is because a slave cannot own anything. Whatever he acquires belongs to his master.

(g)

Question (Reisha): He becomes free by receiving a document himself.

1.

This implies that others cannot receive it for him. If he agreed to be redeemed, others could receive a document for him!

2.

Suggestion: Perhaps the Mishnah means that he become free even by himself receiving a document (and all the more so, through others);

i.

It teaches that the slave gets a Yad (power of acquisition, which a slave lacks) at the same moment he receives his Get of freedom.

3.

Rejection (Beraisa - R. Meir): A slave can receive his own Get of freedom. Others cannot receive it for him.

(h)

Answer #2A (Abaye): Really, the slave did not authorize his redemption;

1.

Since money can acquire a slave against his will, it can free him against his will.

(i)

Question: If so, we should say the same about a document. Since a document can acquire him against his will, it can free him against his will!

(j)

Answer: A document of purchase (of a slave) is different than a Get of freedom, so we do not learn one from the other.

(k)

Question: Also money of acquisition is different than redemption money!

(l)

Answer: No, the same coins can do either.

(m)

Answer #2B (Rava): (The slave did not authorize his redemption.) When a master receives redemption money, he acts on his own behalf (and automatically, the slave goes free);

1.

One who receives a Get of freedom for a slave acts on behalf of the slave. Ein Chavin l'Adam Ela Befanav. His consent is required.

2)

CHACHAMIM IN THE MISHNAH

(a)

(Mishnah - Chachamim): He acquires his freedom through money he gives himself...

(b)

Inference: He must give the money himself. It cannot be through others.

(c)

Question: Why not? Even if he did not authorize it, it should work, for Chachamim hold that it is advantageous for a slave to go free!

1.

(Mishnah): Zachin l'Adam she'Lo Befanav, but Ein Chavin l'Adam Ela Befanav!

2.

Suggestion: Perhaps Chachamim mean that he acquires his freedom even through money he gives himself (as well as through others);

i.

They teach that that a slave can acquire something (his redemption money), and it does not belong to his master.

3.

Rejection (Seifa): Others can receive a Get of freedom for him.

i.

Inference: He cannot receive it himself.

ii.

We hold that a slave gets his Yad simultaneously with his Get (he can receive it himself. Surely, this is like Chachamim!)

4.

Suggestion: Perhaps the Mishnah means that others can also receive a Get of freedom for him.

5.

Rejection: If so, the Mishnah should have taught both clauses together: a slave can become free, through money or a document, through himself or others.

(d)

Answer: Rather, the Mishnah teaches that he can become free through money through himself or others, or through a document only through others. 'Chachamim' in the Mishnah hold like R. Shimon ben Elazar;

1.

(Beraisa - R. Shimon ben Elazar): Even a document works only through others.

2.

There are also Chachamim (not mentioned in the Mishnah) who have a third opinion. He can become free, through money or a document, through himself or others.

(e)

(Rabah): R. Shimon ben Elazar learns a Gezeirah Shavah "Lah-Lah" from a married woman;

1.

Just like a man must put a Get in a domain he does not own (the hand of his wife, or her Shali'ach) in order to divorce her, also a master cannot put a Get of freedom in a domain he owns (the slave himself).

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

(f)

Question (Rabah): According to R. Shimon ben Elazar, can a slave make a Shali'ach to receive his Get of freedom?

1.

The Gezeirah Shavah from a married woman teaches that a slave can also make a Shali'ach;

2.

Or, perhaps a married woman can make a Shali'ach because she can receive her own Get. A slave, who cannot receive his own Get, cannot make a Shali'ach.

(g)

Answer (Rabah): The Gezeirah Shavah teaches that a slave can also make a Shali'ach.

(h)

Question: This opposes Rav Huna Brei d'Rav Yehoshua!

1.

(Rav Huna Brei d'Rav Yehoshua): Kohanim who serve in the Mikdash are Sheluchim of Hash-m;

i.

They could not be Sheluchim of Yisrael, for one cannot appoint a Shali'ach to do something that he himself cannot do!

2.

(Summation of question): According to Rabah, a slave cannot receive his own Get, but he can make a Shali'ach to receive it!

(i)

Answer: The cases are different.

1.

A Yisrael cannot serve in the Mikdash at all, therefore he cannot make a Shali'ach for this;

2.

But a slave can receive a Get, so he can make a Shali'ach for this.

i.

(Beraisa): A slave can receive a Get of freedom for another slave of a different master, but not for another slave of his own master.

3)

CAN A SLAVE OWN PROPERTY?

(a)

(Mishnah): The redemption money must belong to someone else.

(b)

Suggestion: They argue about the following. R. Meir holds that if a slave or a married woman acquires anything, it belongs to the Ba'al (master or husband);

1.

Chachamim hold that a slave or married woman can acquire something, and it does not belong to the Ba'al.

(c)

Rejection (Rabah): No. All agree that one acquires anything that his slave or wife acquires;

1.

The Mishnah discusses when someone told the slave 'acquire this money on condition that your master has no rights to it';

i.

R. Meir holds that once he says 'acquire', the slave acquires and it belongs to the master. The Tenai 'on condition that your master has no rights to it' has no effect;

ii.

Chachamim say, his Tenai takes effect.

(d)

Objection (R. Elazar): If that were the Tenai, all would agree that the slave acquires and it belongs to the master!

1.

Rather, they argue when he said 'acquire this money on condition that you will be redeemed through it';

i.

R. Meir holds that once he says 'acquire', the slave acquires and it belongs to the master. The Tenai has no effect;

ii.

Chachamim say, the giver limited the acquisition. The slave acquires the money only for redemption. (The master gets it only when he frees the slave.)

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