|
|
SUMMARY
The Retzi'ah of a servant is done in the right ear and is done only to a servant not to a maidservant.
A servant is only Nirtzah if he says that he loves his master, wife and children before the six years are up.
It is a Machlokes if a servant who sold himself receives Hana'akah (a gift that is given to a servant upon the completion of his term.)
Hana'akah is paid to the inheritors of the servant in the event that the servant dies, but it is not paid to a Ba'al Chov of the servant.
R. Nasan says that a person may collect his debt from the Ba'al Chov of the debtor.
It is a Machlokes if a servant who sold himself may be given a Nochri maidservant.
A master may give his servant a Nochri maidservant against his will.
A master must provide his Jewish servant with the same food and drinks that he partakes in himself.
All Jewish servants go free upon the advent of Yovel whether he sold himself, or was sold by Beis Din, or is a Nirtzah.
Rebbi says that a Jewish servant who sold himself to a Nochri goes free if he is redeemed by his relatives but he does not go out after six years.
It is a Machlokes if a Jewish servant who sold himself to a Nochri goes out after six years.
A Jewish servant who sold himself to a Nochri goes out upon redemption by his relatives but a servant who is sold to a Jew does not go out upon redemption by his relatives.
Rebbi Yosi ha'Glili says that if a Jewish servant sold himself to a Nochri he goes free upon redemption by his relatives, but if anyone else redeems him he remains a servant. (1)
R. Akiva says that if a Jewish servant sold himself to a Nochri he remains a servant if he is redeemed by his relatives but if anyone else redeems him he goes out free.
The Chachamim hold that that if a Jewish servant sold himself to a Nochri he goes free upon redemption whether he is redeemed by his relatives but or anyone else.
A BIT MORE
1. Rebbi Yosi ha'Glili holds that if he would go free when others redeem him they would be reluctant to redeem him.
2. R. Akiva holds that if a servant would go free upon the redemption of his relatives, he will sell himself time after time to Nochrim.
|
BRIEF INSIGHT
A CHOV OF A BA'AL CHOV
R. Nasan learns out from a Pasuk that a person may collect his debt from the Ba'al Chov of the debtor. The Pnei Yehoshua asks why is it necessary to learn this Din from a Pasuk obviously he may collect his debt from the Ba'al Chov of the debtor since a Ba'al Chov may collect from everything that belongs to the debtor and that certainly includes a Chov that is owed to him. The Pnei Yehoshua answers that the Pasuk is teaching us that the debtor may not be Mochel the Chov and even if he is Mochel the Chov it may be collected by his Ba'al Chov .
QUICK HALACHAH
SHIFCHAH KENA'ANIS
If a servant is sold by Beis Din the master may give him a Shifchah Kena'anis. Both the master and the son of the master in the event that the master died may give him a maidservant. The servant may be forced him to marry a Shifchah Kena'anis so that he produce servants. The Shifchah Kena'anis is permitted to him throughout his term of Avdus. Someone who sells himself for a servant may not marry a Shifchah Kena'anis just like any other Yisrael.
|
