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12th CYCLE DEDICATION
GITIN 41 - dedicated by Rav Gedalya Weinberger of Brooklyn, N.Y., in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, who miraculously survived the holocaust, raised his children with a strong dedication to Torah and its study.
Rav says that if a servant was an Aputiki and the borrower freed him the Tana Kama holds that the lender must give him a Shtar Shichrur and the servant must write for him a Shtar for his value. (1)
The Tana Kama holds that someone who damages the Shibud of his friend is Patur and R. Shimon Ben Gamliel holds that he is Chayav.
Ula says that if a servant was an Aputiki and the lender gave him a Get Shichrur the Tana Kama holds that because of a Tikun ha'Olam we force the first master to free him and the servant must give him a Shtar for his value. (2)
R. Shimon Ben Gamliel says that the lender is the one who must write a Shtar for his value.
It is a Machlokes between the Tana Kama and R. Shimon Ben Gamliel if a person is Chayav for a damage that is not perceptible.
If someone makes a field into an Aputiki and it gets flooded the Chov must be paid from other property.
If the borrower said that you may not collect from anything but this field if it gets flooded he may not collect from anything else.
If someone makes his field into an Aputiki for his Ba'al Chov or for the Kesuvah of his wife he may sell the field and pay off the debt with other property.
R. Shimon Ben Gamliel says that if the Aputiki is for a Chov he may sell the field but not if it was for a Kesuvah because a woman does not usually go to Beis Din. (3)
If a person is a half servant and half Ben Chorin, Beis Hillel says that he serves his master every other day
Beis Shamai says that we force the master to free him and the servant must write him a Shtar for his value; Beis Hillel retracted their position and agreed to Beis Shamai. (4)
Rabah says that it is a Machlokes whether a master can free half of his servant with a Shtar, but everyone agrees that half of a servant may be redeemed with money. (5)
R. Yosef says that it is a Machlokes whether half of a servant may be redeemed with money.
A BIT MORE
1. R. Shimon Ben Gamliel holds that the borrower must write a Shtar for the value of the servant and give it to the lender.
2. Even though the Shichrur is not valid we force the master to free him for a Tikun ha'Olam because he has a Shem Ben Chorin.
3. Therefore this field is collateral for the Kesuvah and nothing else and it may not be sold.
4. A half servant cannot marry either a Bas Chorin or a maidservant and the world was created for Peru u'Rvu, therefore we force the master to free him so that he can marry a Bas Chorin.
5. Rebbi holds that a servant may be half freed with a Shtar because we compare a Shtar to Kesef and the Chachamim hold that a servant is compared to a woman and just as a woman cannot be half divorced so too a servant cannot be half freed.
DO NOT WORK YOUR FELLOW JEW
If a person is a half servant and half Ben Chorin, Beis Hillel says that he serves his master every other day. Beis Shamai said to Beis Hillel that you made a Takanah for his master but not for the servant. What Takanah was made for the master? The Chasam Sofer explains that there is a Lav in the Torah prohibiting a person from forcing a fellow Jew to work for you like a servant. Therefore this person who is half servant is also half Yisrael and the prohibition of working him like a servant applies even on the day that he works for his master. Consequently m'Ikar ha'Din it is forbidden for the master to use him as a servant at all, but the Chachamim made a Takanah for the good of the master to allow him to work as a servant every other day.
A FORCED SHICHRUR
If a person is a half servant and half Ben Chorin since he cannot marry either a Bas Chorin or a maidservant we force the master to free him and the servant must write him a Shtar for his value. This only holds true with respect to a half servant who is Chayav in the Mitzvah of Peru u'Rvu, but a half maidservant must serve her master every other day. However if the sinners are acting Hefker with her we force the master to free her and she must write him a Shtar for half of her value. (Rambam Hilchos Avadim 7:7)
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