1)

(a)What do we learn from the double Lashon in the Pasuk in Mishpatim "v'Im Amor Yomar ha'Eved?

(b)And what do we learn in this regard from the Pasuk ...

1. ... "Lo Eitzei Chofshi"?

2. ... "Im Amor Yomar ha'Eved"?

(c)According to our initial understanding of 'Techilas Shesh' and 'Sof Shesh', what is the problem with ...

1. ... the 'Havah Amina' (that it will suffice to say ' ... Lo Eitzei Chofshi' twice at the beginning of the six-year period)?

2. ... saying that it will not do to say it at the end of six years because he must say it whilst he is still an Eved?

(d)How must we therefore re-interpret 'Techilas Shesh' and 'Sof Shesh'?

1)

(a)We learn from the double Lashon in the Pasuk in Mishpatim "v'Im Amor Yomar ha'Eved" that the Eved needs to declare twice his intention to remain.

(b)And we learn from the Pasuk ...

1. ... "Lo Eitzei Chofshi" that it will not suffice to say it twice at the beginning of the six-year term, but that he needs to say it shortly before he actually goes free.

2. ... "Im Amor Yomar ha'Eved" that it will not suffice to say it twice at the end of the six-year period (on the last day), because he needs to say it whilst he is still an Eved.

(c)According to our initial understanding of 'Techilas Shesh' and 'Sof Shesh', the problem with ...

1. ... the 'Havah Amina' (that it will suffice to say ' ... Lo Eitzei Chofshi' twice at the beginning of the six-year period) is problematic because at that early stage, how can he possibly profess to love his 'wife and children'.

2. ... saying that it will not do to say it at the end of six years because he must say it as long as he is still an Eved is that even on the last day, he is still called an Eved.

(d)We therefore re-interpret 'Techilas Shesh' to mean any time before the commencement of the last Perutah's worth of work, and 'Sof Shesh' during the last Perutah's worth of work.

2)

(a)How many times and when must the Eved in fact say 'Lo Eitzei Chofshi' (see Rashash)?

2)

(a)The Eved must say 'Lo Eitzei Chofshi' twice before the beginning of the last Perutah's worth of work and twice during that period (see Rashash).

3)

(a)What does the Beraisa learn from the Pasuk in Re'eh ...

1. ... "Ki Aheivcha v'Es Beisecha"?

2. ... "Ahavti ... Es Ishti v'Es Banai"?

(b)And what does he learn from the Pasuk there ...

1. ... "Ki Tov Lo Imach"?

2. ... "Ki Aheivcha"?

(c)Which other mutual condition (based on the Pasuk "Ki Tov Lo Imach") must be met for the Eved Ivri to be permitted to stay on?

(d)Rav Bibi bar Abaye's She'eilah on this matter remains unanswered. Based on the contrasting implications of "Imach" on the one hand, and "Ki Tov Lo Imach" on the other, what is his She'eilah?

3)

(a)The Beraisa learns from the Pasuk in Re'eh ...

1. ... "Ki Aheivcha v'Es Beisecha" that his master, like himself, must have a wife and children before he is permitted to remain for more than six years.

2. ... "Ahavti ... Es Ishti v'Es Banai" that he himself has to have a wife and children too.

(b)And he learns from the Pasuk there ...

1. ... "Ki Tov Lo Imach" that if he loves his master, but his master does not love him, he is not permitted to remain.

2. ... "Ki Aheivcha" that if his master loves him but he does not live his master, he is not permitted to remain either.

(c)The other mutual condition (based on the Pasuk "Ki Tov Lo Imach") that must be met for the Eved Ivri to be permitted to stay on is that they must both be healthy.

(d)Rav Bibi bar Abaye's She'eilah on this matter remains unanswered. Based on the contrasting implications of "Imach" on the one hand, and "Ki Tov Lo Imach" on the other, he asks whether the Eved is permitted to remain if they are both sick (because on the one hand, it is " ... Imach", but on the other hand, it is not "Ki Tov Lo ... ").

4)

(a)How does Rebbi Shimon explain the Pasuk in Behar "v'Yatza me'Imach, Hu u'Vanav Imo"? Does this mean that an Eved Ivri's children are obligated to work too?

(b)And he makes the same observation regarding the Pasuk "v'Yatz'ah Ishto Imo". Having taught this by ...

1. ... the man's children, why does the Torah find it necessary to repeat it by his wife?

2. ... the man's wife, why does the Torah find it necessary to repeat it by his children?

4)

(a)Rebbi Shimon explains the Pasuk "v'Yatza me'Imach, Hu u'Vanav Imo" to mean (not that the children are obligated to work during the six years, but) that the master is obligated to sustain them.

(b)And he makes the same observation regarding the Pasuk "v'Yatz'ah Ishto Imo". Having taught this by the man's ...

1. ... children, the Torah finds it necessary to repeat it by his wife because otherwise we may have thought that she should work and provide for herself (although this cannot be expected of the children).

2. ... wife, the Torah finds it necessary to repeat it by his children because we might otherwise have thought that they should go around the houses begging for alms (although this cannot be expected of his wife [of whom the Pasuk writes "Kol Kevudah bas Melech Penimah"]).

22b----------------------------------------22b

5)

(a)The Torah writes "v'Higisho El ha'Deles". What would we have though had the Torah written "v'Higish Ozno ba'Deles"?

(b)Why could we not have thought that he pierces the door but not the Eved's ear?

(c)What does the master actually do?

(d)How do we know that the door must be standing and not lying down?

5)

(a)The Torah writes "v'Higisho El ha'Deles" . Had the Torah written "v'Higish Ozno ba'Deles", we would have thought that the master first pierces the Eved's ear, then places it next to the door and bores a hole on the other side of the door until it reaches the ear.

(b)We could not have thought that he pierces the door but not the Eved's ear because the Torah then writes "v'Ratza Adonav Es Ozno".

(c)The master actually places the Eved's ear to the door and bores through it until the awl reaches the door.

(d)We know that the door must be standing and not lying down because the Torah writes "ba'Deles O ba'Mezuzah", to teach us that the door must be standing (like a door-post, which is only called 'Mezuzah' when it is standing).

6)

(a)Raban Yochanan ben Zakai and Rebbi Shimon b'Rebbi Darshened the Pasuk in Mishpatim like a spice or jewel-holder (that was hung on a chain around one's neck). What did ...

1. ... Raban Yochanan ben Zakai, based on the Pasuk in Behar "Ki Li Bnei Yisrael Avadim" Darshen (regarding the piercing of the ear)?

2. ... Rebbi Shimon b'Rebbi, based on the same Pasuk, Darshen (regarding the door and the door-post's being designated by the Torah for the ear to be pierced)?

6)

(a)Raban Yochanan ben Zakai and Rebbi Shimon b'Rebbi Darshened the Pasuk in Mishpatim like a spice or jewel-holder (that was hung on a chain around one neck).

1. Raban Yochanan ben Zakai, based on the Pasuk "Ki Li Bnei Yisrael Avadim", Darshened that the reason that the ear, of all limbs, had to be pierced, is because the ear heard at Har Sinai "Ki Li Bnei Yisrael Avadim", yet the owner of the ear ignored the warning, and went and acquired himself a (permanent) master.

2. Rebbi Shimon b'Rebbi Darshen based on the same Pasuk that the reason that, of all the vessels in the home, it had to be the door and the door-post against which the ear was pierced, is because they were witnesses when Hash-m passed over them and declared (tradition has it that this Pasuk was said in Egypt, too) "Ki Li Bnei Yisrael Avadim".

7)

(a)An Eved Kena'ani is acquired with "Kesef, Shtar and Chazakah (like Karka). In which two possible ways can he acquire himself, according to our Mishnah?

(b)Rebbi Meir says 'be'Kesef Al-Yedei Acheirim, u'vi'Shtar Al-Yedei Atzmo'. Why can the Eved himself not pay the money that sets him free?

(c)The Rabanan say 'be'Kesef Al-Yedei Atzmo u'vi'Sh'Tar Al-Yedei Acheirim'. On what condition do they permit him to hand the money to his master personally?

7)

(a)An Eved Kena'ani is acquired with "Kesef, Shtar and Chazakah (like Karka). The two possible ways in which he can acquire himself, according to our Mishnah, are Kesef and Shtar.

(b)Rebbi Meir says 'be'Kesef Al-Yedei Acheirim, u'vi'Shtar Al-Yedei Atzmo'. The Eved himself cannot pay the money that sets him free because Rebbi Meir holds that there is whatever an Eved acquires, belongs to his master.

(c)The Rabanan say 'be'Kesef Al-Yedei Atzmo u'vi'Sh'Tar Al-Yedei Acheirim'. They permit him to hand the money to his master, personally provided the money is handed to him by others on the express condition that his master does not acquire it.

8)

(a)What do we learn from the Pasuk in Behar (in connection with Avadim Kena'anim) "v'Hisnachaltem Osam li'Veneichem Achareichem Lareshes Achuzah"?

(b)In that case, from where do we learn that one is not obligated to return them in the Yovel (like Karka)?

(c)The Beraisa includes Chalipin in the list of Kinyanim with which one can acquire an Eved Kena'ani. On what grounds does our Mishnah omit it?

(d)Shmuel includes Meshichah in the above list. What is the basis for the distinction that he draws between pulling the Eved by force (which acquires him), and calling him to come to him (which does not)?

8)

(a)We learn from the Pasuk in Behar "v'Hisnachaltem Osam li'Veneichem Achareichem Lareshes Achuzah" that one acquires Avadim Kena'anim with Chazakah.

(b)One is nevertheless not obligated to return them in the Yovel (like Karka) because the Torah writes there "Le'olam ba'Hem Ta'avodu".

(c)The Beraisa includes Chalipin in the list of Kinyanim with which one can acquire an Eved Kena'ani, and Shmuel includes Meshichah. Our Mishnah omits Chalipin because he only includes those Kinyanim that do not apply to Metaltelin.

(d)Shmuel includes Meshichah in the above list. The reason for his distinction between pulling the Eved by force(which acquires him), and calling him to come to him (which does not) is because the former demonstrates his ownership, whereas the latter does not.

9)

(a)Our Mishnah omits Meshichah for the same reason as it omits Chalipin. Why, according to Shmuel, does the Beraisa, which inserted Chalipin in the list, nevertheless omit Meshichah?

(b)How does one acquire an animal through ...

1. ... Mesirah? Is the Kinyan valid if the owner hands the purchase the saddle, the load on the animal's back or the bit in its mouth?

2. ... Meshichah? Which two descriptions does the Tana give to illustrate how it is done?

(c)According to the Tana Kama, as soon as the animal has lifted up both its forelegs and its hind legs, the buyer acquires it. What does Rebbi Achi (or Rebbi Acha) say?

(d)Seeing as calling an animal is a branch of Meshichah regarding animals, why does Shmuel not consider it as such regarding Avadim?

(e)Which exception to this does Rav Ashi present?

9)

(a)Our Mishnah omits Meshichah for the same reason as it omits Chalipin. The Beraisa, which inserted Chalipin in the list, nevertheless omits Meshichah according to Shmuel because he only inserts that what applies both to Karka and Metaltelin, whereas Meshichah is restricted to Metaltelin.

(b)One acquires an animal through ...

1. ... Mesirah by grasping the animal by its hoofs, its mane, and even by its saddle, the load on the animal's back or the bit in its mouth.

2. ... Meshichah by causing it to move. The two descriptions given by the Tana to illustrate how it is done are either by calling it (and it comes to him) or by hitting it with a stick (and it moves).

(c)According to the Tana Kama, as soon as the animal has lifted up its forelegs and its hind legs, the buyer acquires it. Rebbi Achi (or Rebbi Acha) says that it must walk at least its own length before he acquires it.

(d)Although calling an animal is a branch of Meshichah regarding animals that is because that an animal comes when it is called is a matter of instinct; whereas an Eved, who is after all, a human being, comes, not out of instinct, but because he chooses to, which is not indicative of ownership (the essence of Chazakah), as we explained earlier.

(e)Rava Ashi adds that an Eved Katan is like an animal in this regard.

10)

(a)The Tana Kama in the Beraisa lists the various ways in which Chazakah acquires an Eved Kena'ani. What does he include in his list, besides untying his new master's shoes, taking his fresh clothes to the bathhouse, undressing him, bathing him and picking him up?

(b)What does Rebbi Shimon mean when, he says that Chazakah should not be better than Hagbahah? In which point does he disagree with the Tana Kama?

(c)On what grounds ...

1. ... do we refute the suggestion that seeing as when the Eved picks up his master, he acquires him, a man should then acquire a Shifchah Kena'anis through Bi'ah?

2. ... does Rav Achye bar Adye from Acha refute the suggestion that in that case, he ought to at least to acquire her through an unnatural Bi'ah even assuming that she derives no pleasure from such a relationship?

10)

(a)The Tana Kama in the Beraisa lists the various ways in which Chazakah acquires an Eved Kena'ani. Besides untying his new master's shoes, taking his fresh clothes to the bathhouse, undressing him, bathing him and picking him up, he includes anointing him, scratching him, dressing him and tying his shoes.

(b)When Rebbi Shimon says that Chazakah should not be better than Hagbahah, he is coming to argue with the Tana Kama, who lists the Eved picking up his new master, but not vice-versa. He does not see why, if Chazakah acquires him, Hagbahah should not acquire him, too.

(c)

1. We refute the suggestion that seeing as when the Eved picks up his master, he acquires him, a man should then acquire a Shifchah Kena'anis through Bi'ah on the grounds that Chazakah only acquires on the condition that the master derives benefit from the Kinyan, but not the Eved.

2. Rav Achye bar Adye from Acha refutes the suggestion that in that case, he ought to at least acquire her through an unnatural Bi'ah, even assuming that she derives no pleasure from such a relationship on the grounds of the Pasuk in Kedoshim "Mishkevei Ishah", thereby comparing an unnatural Bi'ah to a natural one (in which case, wherever the one does not acquire, the other will not acquire either).

11)

(a)Mar Zutra went to visit Rebbi Yehudah Hindu'ah. Who was Rebbi Yehudah Hindu'ah? Why did Mar Zutra 'honor him' with a visit?

(b)What did Mar Zutra do to ensure that he would acquire his Eved Kena'ani when he died?

(c)Some say that the Eved was a Gadol. Why did this necessitate Mar Zutra doing what he did?

(d)Others say that he was a Katan. Why must we then say that Mar Zutra does not hold like Aba Shaul? What does he say?

11)

(a)Mar Zutra went to visit Rebbi Yehudah Hindu'ah a Ger without heirs, who had fallen ill.

(b)To ensure that he would acquire Rebbi Yehudah Hindu'ah's Eved Kena'ani when he died Mar Zutra instructed the latter to remove his shoes and take them to the bathhouse for him.

(c)Some say that the Eved was a Gadol, and that Mar Zutra therefore needed to do what he did in order to prevent him from automatically acquiring himself the moment his master died (whereas now that he was in the process of serving Mar Zutra, Mar Zutra would acquire him before he had a chance to acquire himself).

(d)Others say that he was a Katan, and that Mar Zutra did what he did because he did not hold like Aba Shaul, who maintain that a Katan does not acquire himself automatically (but like the Chachamim, who do not distinguish between a Gadol and a Katan in this matter.

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