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GITIN 42

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SUMMARY If two partners own a servant and one of them frees his portion it is a valid Shichrur even according to the Chachamim. (1)   If a person frees half of his servant and sells or gives away the other half it is a valid Shichrur even according to the Chachamim.   If someone gives away all of his property to his two servants at the same time they are Koneh themselves and the property and they may free each other.   If someone gives half of his property to one servant and half to another servant they are not Koneh according to the Chachamim. (2)   If a person gives away all of his property to his two servants with one Shtar they are not Koneh. (3)   If a person gives away all of his property to his servant with the exception of one Karka he is not Koneh; Rebbi Shimon holds that the servant is Koneh. (4)   If the master says that I am giving my servant all of my property except for 1-10,000 Rebbi Shimon agrees that the servant is not Koneh. (5)   If an ox gores a half servant and half Ben Chorin on the day he works for himself the damages go to the servant and on the day he works for his master the damages go to the master. (6)   If an ox kills a half servant and half Ben Chorin the owner pays half of the Knas to the master and half of the Kofer to the servant.   If a person damages his friend's hand, but it will heal, Abaye says he must pay damages plus Sheves and Rava says that he only pays Sheves.   If an ox damages a person he only pays Nezek and not any other payments.   If an ox gores a servant whose master is obligated to give him a Get Shichrur it is a Safek if Knas is paid to his master.   If a master knocks out his servant's tooth and subsequently knocks out his eye the servant goes free and the master must pay him the value of the eye.   It is a Machlokes Tana'im if a servant who goes free because his master severed his limb requires a Get Shichrur. (7)   It is a Safek if a servant whose master must give him a Get Shichrur Knas may eat Terumah if his mater is a Kohen.   If a child who is a Kohen gets mixed up with the child of the maidservant they only receive Terumah at the granary if they are together and when they are Gedolim they shall free each other.   It is a Safek if a servant whose master sold him only for the Knas if it is a valid sale.   Rebbi Meir holds that person can be Makneh something that does not yet exist. A BIT MORE 1. The Chachamim hold that a person may not free half of a servant but if he only owns half of the servant the Chachamim agree that he may free his half   2. Because the Chachamim hold that a person may not free half of a servant with a Shtar. Rashi says that even according to Rebbi the second servant is not Koneh because maybe he is giving away the same half twice.   3. Because two servants may not be freed with one Shtar Shichrur.   4. The Tana Kama holds that since he is not Koneh the Karka because we don't know which one he left for himself he is not Koneh himself either because we don't split up his words. Rebbi Shimon holds that we do split up his words and even though the servant is not Koneh the Karka he is Koneh himself.   5. Because maybe the master regards the servant as1-10,000 of his property and he is not freeing the servant.   6. This is only true if the servant suffered an impermanent damage, however if the servant suffered a permanent damage the payment is split between the servant and the master.   7. The Machri'in Lifnei Chachamim says that if his eye or tooth is knocked out no Get Shichrur is required but for any other limb he requires a Get Shichrur.

BRIEF INSIGHT A KNAS IN BAVEL   It is a Machlokes Tana'im if a servant who goes free because his master severed his limb requires a Get Shichrur. The Rif Paskens like Rebbi Akiva that a Get Shichrur is required. The question is asked on the Rif what is the relevance that we Pasken like Rebbi Akiva since the Dinim of Knas do not apply outside of Eretz Yisrael and that which a servant goes free is a Knas. The Ran answers that the relevance is that even outside of Eretz Yisrael if the Knas is grabbed he may keep it and the servant has grabbed himself and therefore he goes free. Ironically the servant is better off outside of Eretz Yisrael because if someone admits a Knas in Beis Din he is Patur and since there are no Batei Dinim outside of Eretz Yisrael the owner cannot admit the Chov. QUICK HALACHAH HURTING A HALF SERVANT   If a person pains or embarrasses a half servant and half Ben Chorin or if he is gored by an ox if it occurred on the day he works for himself the damages go to the servant and on the day he works for his master the damages go to the master. (Rambam Hilchos Chovel u'Mazik 4:12)   This Din applies only according to the Mishnah Rishonah but according to the Mishnah Acharonah there is no difference when the damage occurred. (Ra'avad)

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