REVACH L'DAF
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SUMMARY
The Tana Kama says that when a Ger dies without any inheritors all of the servants are Koneh themselves. (1)
Abba Shaul says that only the servants who are Gedolim are Koneh themselves, while anyone may be Koneh the servants who are Ketanim.
R. Meir holds that it is a Chov for a servant to go out free. (2)
R. Meir holds that a servant may not buy his freedom with Kesef because everything a servant is Koneh belongs to his master.
R. Meir holds that the servant may accept his own Get Shichrur but others may not accept his Get Shichrur for him without his consent. (3)
R. Meir holds that others may buy the servant's freedom with Kesef without his consent. (4)
The Chachamim hold that it is a Zechus for a servant to go free and therefore others may redeem him with Kesef, or accept his Get Shichrur without his consent.
The Chachamim hold that a servant may buy his freedom with Kesef because a servant may have a Kinyan on Kesef without the master being Koneh. (5)
R. Shimon Ben Elazar holds that others may redeem a servant with Kesef or accept his Get Shichrur for him without his consent, but the servant himself may not buy his freedom with Kesef or accept his Get Shichrur. (6)
Even according to R. Shimon Ben Elazar a servant may appoint a Shali'ach to accept his Get Shichrur for him from his master. (7)
The Kohanim who bring our Korbanos are Sheluchim of Hashem Yisbarach not of the owner of the Korban because a person cannot make a Shali'ach for something he cannot do himself. (8)
A servant may be a Shali'ach to accept a Get for his fellow servant of a different master but not of his own master. (9)
Rabah says that if someone gives money to a servant on condition that his master has no Reshus over it, according to the Rabanan the servant is Koneh while R. Meir holds that the master is Koneh.
R. Elazar holds that the Machlokes between R. Meir and the Rabanan is when the money was given to the servant on condition that he goes free with it. (10)
A BIT MORE
1. However if someone was Machazik on the servant prior to the death of the Ger and maintained the Chazakah until after his death he is Koneh the servants.
2. Because if his master was a Kohen he may no longer eat Terumah and if his master is a Yisrael he may no longer marry a maidservant.
3. Even though the Yad of a servant is owned by his master he may accept his own Get Shichrur because he receives the Get and his hand at the same time.
4. A servant may be acquired with Kesef without his consent and therefore he may be redeemed with Kesef without his consent. Although he also may be acquired with Shtar without his consent, however a Shtar Kinyan and a Get Shichrur are not the same type of Shtar. Rava says that a servant may be redeemed with Kesef without his consent, even though it is a Chov for him to go free, because it is the master who is setting him free by virtue of accepting the Kesef. Since the master is not the Shali'ach of the servant the consent of the servant is not required. However, others may not accept his Get Shichrur for him without his consent because it is a Chov for the servant to go free and the one who accepts his Get Shichrur is a Shali'ach of the servant and one may not be a Shali'ach of a person without his consent for something that is a Chov.
5. If the Kesef is given to the master on condition that the master had no Reshus over it the Kesef belongs to the servant and he may redeem himself with it.
6. R. Shimon Ben Elazar holds that it is a Zechus for a servant to go free and therefore others may redeem a servant with Kesef or accept his Get Shichrur without his consent, but he holds that everything a servant is Koneh belongs to his master and he does not hold that a servant receives a Get and his hand at the same time, therefore a servant may not buy his freedom with Kesef or accept his own Get Shichrur.
7. Even though R. Shimon Ben Elazar holds that a servant may not accept his own Get Shichrur, however he learns out from a Gezeirah Shavah that he may appoint a Shali'ach to accept his Get for him.
8. Therefore if the owner of the Korban made a Neder to not benefit from the Kohen he may bring his Korban for him anyway since he is not his Shali'ach.
9. He may not be a Shali'ach to accept a Get Shichrur for his fellow servant of his own master because the Yad of the servant belongs to the master and thus it is as if the Get Shichrur never left the hands of the master.
10. However if it the money was to a servant on condition that his master has no Reshus over it even the Rabanan agree that the master is Koneh.
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BRIEF INSIGHT
FREEING A SERVANT
Rava says that according to R. Meir a servant may be redeemed with Kesef without his consent even though it is a Chov for him to go free because it is the master who is setting him free by virtue of accepting the Kesef and the master is not the Shali'ach of the servant. The Pnei Yehoshua explains that R. Meir holds that if a master is Mafkir his servant a Get Shichrur is not required. Consequently, when the master accepts the Kesef in exchange for the freedom of the servant he is forfeiting his ownership of the servant and it is tantamount to being Mafkir the servant. Since the Shali'ach is going free by means of Hefker no Shelichus is required and it may be done without his consent.
QUICK HALACHAH
SHELICHUS OF KOHANIM
If Reuven made a Neder not to benefit from Shimon and Shimon was a Kohen, Shimon may bring the Korbanos of Reuven because Kohanim are Sheluchim of Shamayim and they are not the Sheluchim of the owner of the Korban. (Rambam Hilchos Nedarim 6:5)
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