Search

Gittin 40

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Rabbi Joel and Shulamith Cohn in loving memory of Rabbi Dr. Akiba Predmesky on his yahrzeit.

What type of actions would be an indication that the master has freed the slave? If the owner gave up financial rights to the slave, can the owner or the son (in the case of the death of the owner) redeem the slave to permit marriage with a Jew or does they no longer have the right to do that as they no longer own the slave? What language should be used in an emancipation document? If one writes the language in the future tense, there is a debate about whether or not it is effective.

Today’s daily daf tools:

Gittin 40

יָצָא לְחֵירוּת. אָמַר לוֹ רַבִּי יוֹחָנָן: כָּל כָּךְ יֵשׁ בְּיָדְךָ?! וַאֲנִי שׁוֹנֶה: הַכּוֹתֵב שְׁטַר אֵירוּסִין לְשִׁפְחָתוֹ, רַבִּי מֵאִיר אוֹמֵר: מְקוּדֶּשֶׁת, וַחֲכָמִים אוֹמְרִים: אֵינָהּ מְקוּדֶּשֶׁת!

he is emancipated. Rabbi Yoḥanan said to Rabbi Zeira: You possess such an extreme halakha, but I teach this halakha: With regard to one who writes a document of betrothal for his maidservant, stating: You are hereby betrothed to me, Rabbi Meir says: She is betrothed, and the Rabbis say: She is not betrothed, as even this, when he betroths her directly, does not serve as proof that he emancipates her.

כִּדְאָמַר רַבָּה בַּר רַב שֵׁילָא – כְּשֶׁרַבּוֹ הִנִּיחַ לוֹ תְּפִילִּין; הָכָא נָמֵי – כְּשֶׁרַבּוֹ הִשִּׂיאוֹ אִשָּׁה.

The Gemara answers: Just as that which Rabba bar Rav Sheila says in a different context, that Rabbi Yehoshua ben Levi is referring to a case where a slave’s master placed phylacteries on him, here too, the context of Rabbi Zeira’s statement is not that of a slave who married a woman in his master’s presence but a case where the slave’s master himself provided a wife for him, as this is certainly proof that he had emancipated him.

וּמִי אִיכָּא מִידֵּי דִּלְעַבְדֵּיהּ – לָא מִעֲבַד לֵיהּ אִיסּוּרָא, וְאִיהוּ – עָבֵד אִיסּוּרָא?!

The Gemara questions this answer: Is there anything like this, where for his slave he would not violate a prohibition, and by providing a wife for his slave he indicates that he must have emancipated the slave, but he himself might violate the prohibition, as he is suspected of marrying his maidservant without having freed her?

אָמַר רַב נַחְמָן בַּר יִצְחָק: הָכָא בְּמַאי עָסְקִינַן – דְּאָמַר לָהּ: ״צְאִי בּוֹ וְהִתְקַדְּשִׁי בּוֹ״; רַבִּי מֵאִיר סָבַר: יֵשׁ בַּלָּשׁוֹן הַזֶּה לְשׁוֹן שִׁחְרוּר, וְרַבָּנַן סָבְרִי: אֵין בַּלָּשׁוֹן הַזֶּה לְשׁוֹן שִׁחְרוּר.

Rav Naḥman bar Yitzḥak said: With what are we dealing here? This is a case where he said to the maidservant when he gave her the document of betrothal: Become emancipated with this and become betrothed to me with this. Rabbi Meir holds that this formulation written in the document of betrothal: You are hereby betrothed to me, contains a formulation of emancipation and therefore serves both as a bill of manumission and a document of betrothal. And the Rabbis hold: This formulation is not a formulation of emancipation. That is why the Rabbis hold she is not betrothed in this case. However, according to everyone, a master is not suspected of marrying his maidservant without first freeing her.

אָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: עֶבֶד שֶׁהִנִּיחַ תְּפִילִּין בִּפְנֵי רַבּוֹ – יָצָא לְחֵירוּת. מֵיתִיבִי: לָוָה הֵימֶנּוּ רַבּוֹ, אוֹ שֶׁעֲשָׂאוֹ רַבּוֹ אַפּוֹטְרוֹפּוֹס, אוֹ שֶׁהִנִּיחַ תְּפִילִּין בִּפְנֵי רַבּוֹ, אוֹ שֶׁקָּרָא שְׁלֹשָׁה פְּסוּקִים בְּבֵית הַכְּנֶסֶת בִּפְנֵי רַבּוֹ, הֲרֵי זֶה לֹא יָצָא לְחֵירוּת!

With regard to this issue, Rabbi Yehoshua ben Levi says: A slave who dons phylacteries in the presence of his master is emancipated, as this is unusual behavior for a slave because slaves are not obligated in this mitzva. The Gemara raises an objection from a baraita: If a slave’s master borrowed money from him; or if his master appointed him as a steward over his possessions; or if the slave donned phylacteries in the presence of his master; or if he read three verses of the Torah reading in the synagogue in the presence of his master, although all of these activities are ordinarily performed only by freemen, this slave is not emancipated. This seems to contradict the opinion of Rabbi Yehoshua ben Levi.

אָמַר רַבָּה בַּר רַב שֵׁילָא: כְּשֶׁרַבּוֹ הִנִּיחַ לוֹ תְּפִילִּין.

Rabba bar Rav Sheila says: Rabbi Yehoshua ben Levi was referring to a case where the slave’s master placed phylacteries on him. In that case it is clear that the slave is donning phylacteries with the consent of his master, and a master would not place phylacteries on his slave unless he had already emancipated him.

כִּי אֲתָא רַב דִּימִי, אָמַר רַבִּי יוֹחָנָן: מִי שֶׁאָמַר בִּשְׁעַת מִיתָתוֹ ״פְּלוֹנִית שִׁפְחָתִי אַל יִשְׁתַּעְבְּדוּ בָּהּ לְאַחַר מוֹתִי״ – כּוֹפִין אֶת הַיּוֹרְשִׁים וְכוֹתְבִין לָהּ גֵּט שִׁחְרוּר. אָמְרוּ לְפָנָיו רַבִּי אַמֵּי וְרַבִּי אַסִּי: רַבִּי, אִי אַתָּה מוֹדֶה שֶׁבָּנֶיהָ עֲבָדִים?

§ When Rav Dimi came from Eretz Yisrael to Babylonia he reported that Rabbi Yoḥanan says: In a case of one who says at the moment of his death: With regard to so-and-so, my maidservant, my heirs should not treat her as a slave after my death, the court compels the heirs and they write for her a bill of manumission. Rabbi Ami and Rabbi Asi said before him: My teacher, don’t you admit that her children are slaves? The master meant only that his heirs should not subjugate her excessively. He did not intend to free her, and her children remain slaves. Why, then, are the heirs compelled to free the maidservant?

כִּי אֲתָא רַב שְׁמוּאֵל בַּר יְהוּדָה, אָמַר רַבִּי יוֹחָנָן: מִי שֶׁאָמַר בִּשְׁעַת מִיתָתוֹ ״פְּלוֹנִית שִׁפְחָתִי קוֹרַת רוּחַ עָשְׂתָה לִי; יֵעָשֶׂה לָהּ קוֹרַת רוּחַ״ – כּוֹפִין אֶת הַיּוֹרְשִׁין וְעוֹשִׂין לָהּ קוֹרַת רוּחַ. מַאי טַעְמָא? מִצְוָה לְקַיֵּים דִּבְרֵי הַמֵּת.

When Rav Shmuel bar Yehuda came from Eretz Yisrael to Babylonia, he reported a different version of what Rabbi Yoḥanan says: In a case of one who says at the moment of his death: So-and-so, my maidservant, gave me satisfaction and one should do for her something that gives her satisfaction, the court compels the heirs to give her satisfaction, and if she will be satisfied only by being emancipated, they must do so. What is the reason for this? It is a mitzva to fulfill the statement of the dead.

אָמַר אַמֵּימָר: הַמַּפְקִיר עַבְדּוֹ – אוֹתוֹ עֶבֶד אֵין לוֹ תַּקָּנָה. מַאי טַעְמָא? גּוּפֵיהּ לָא קָנֵי לֵיהּ – אִיסּוּרָא הוּא דְּאִיכָּא גַּבֵּיהּ, וְאִיסּוּרָא לָא מָצֵי מַקְנֵי לֵיהּ.

Ameimar says: With regard to one who renounces ownership of his slave, there is no halakhic remedy for that slave, and he cannot marry a Jewish woman. What is the reason for this? The slave himself does not belong to his master. However, there is the prohibition against marrying a Jewish woman that remains in the master’s possession, and the master cannot transfer ownership of the prohibition to the slave, as this is not something that can be transferred. A bill of manumission is not effective in this case because the slave already does not belong to him.

אֲמַר לֵיהּ רַב אָשֵׁי לְאַמֵּימָר: וְהָאָמַר עוּלָּא אָמַר רַבִּי יוֹחָנָן, וְרַב חִיָּיא בַּר אָבִין אָמַר רַב: אֶחָד זֶה וְאֶחָד זֶה יָצָא לְחֵירוּת, וְצָרִיךְ גֵּט שִׁחְרוּר! אֲמַר לֵיהּ: ״צָרִיךְ״ – וְאֵין לוֹ תַּקָּנָה.

Rav Ashi said to Ameimar: But didn’t Ulla say that Rabbi Yoḥanan says, and similarly Rav Ḥiyya bar Avin says that Rav says: Both in this case of one who betroths his slave, and in that case of one who renounces ownership of his slave, the slave is emancipated but nevertheless requires a bill of manumission? This demonstrates that when one renounces ownership of his slave, the slave is no longer in his possession but can still become a freeman upon receiving a bill of manumission. Ameimar said to him: They meant that he requires a bill of manumission to be considered a freeman and to marry a Jewish woman, but there is no remedy for him, as the master cannot issue one.

אִיכָּא דְּאָמְרִי, אָמַר אַמֵּימָר: הַמַּפְקִיר עַבְדּוֹ וָמֵת – אוֹתוֹ הָעֶבֶד אֵין לוֹ תַּקָּנָה. מַאי טַעְמָא? גּוּפֵיהּ לָא קָנֵי לֵיהּ – אִיסּוּרָא הוּא דְּאִיכָּא גַּבֵּיהּ, וְאִיסּוּרָא לִבְרֵיהּ לָא מוֹרֵית. אֲמַר לֵיהּ רַב אָשֵׁי לְאַמֵּימָר: וְהָא כִּי אֲתָא רַב דִּימִי, אָמַר רַבִּי יוֹחָנָן!

There are those who say a different version of this exchange: Ameimar says: With regard to one who renounces ownership of his slave and dies, there is no halakhic remedy for that slave and he cannot marry a Jewish woman. What is the reason for this? The slave himself does not belong to his master; however, there is the prohibition against marrying a Jewish woman that remains in the master’s possession, and the master cannot bequeath the prohibition to his son. Rav Ashi said to Ameimar: But when Rav Dimi came from Eretz Yisrael, he reported that Rabbi Yoḥanan says that if one says that his heirs should not treat his maidservant as a slave, the heirs are compelled to write a bill of manumission. This demonstrates that the heirs can write a bill of manumission although they do not own the maidservant.

דְּרַב דִּימִי טָעוּתָא הִיא. אֲמַר לֵיהּ: מַאי טָעוּתָא – דְּלָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר; הָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר – הָכִי נָמֵי! אֲמַר לֵיהּ: אֲנָא כִּדְרַב שְׁמוּאֵל בַּר יְהוּדָה סְבִירָא לִי.

Ameimar answered: The report of Rav Dimi quoting Rabbi Yoḥanan is erroneous, and Rabbi Yoḥanan never stated that halakha. He said to him: What is erroneous about Rav Dimi’s statement? The reason it is erroneous is that the master did not state this using a formulation of emancipation, but if he had stated this using a formulation of emancipation, then indeed they would be able to write for her a bill of manumission? Why then do you not concede to his opinion? He said to him: I hold in accordance with the report of Rav Shmuel bar Yehuda, that Rabbi Yoḥanan was discussing a case where the master said that his heirs should give the maidservant satisfaction. Therefore, the master never stated that the heirs would not have ownership over the maidservant, only that they should fulfill his dying instruction to grant her satisfaction.

הָהוּא דִּסְקַרְתָּא דְּעַבְדֵי דְּאִזְדַּבַּן לְגוֹי. כְּלוֹ מָרְווֹתָא בָּתְרָאֵי, אֲתוֹ לְקַמֵּיהּ דְּרָבִינָא, אֲמַר לְהוּ: זִילוּ אַהְדַּרוּ אַבְּנֵי מָרְווֹתָא קַמָּאֵי, וְיִכְתְּבוּ לְכוּ גִּיטָּא דְחֵרוּתָא. אֲמַרוּ לֵיהּ רַבָּנַן לְרָבִינָא, וְהָאָמַר אַמֵּימָר: הַמַּפְקִיר עַבְדּוֹ וָמֵת – אוֹתוֹ הָעֶבֶד אֵין לוֹ תַּקָּנָה!

The Gemara relates: There was an incident involving a certain city [diskarta] of slaves that was sold to gentiles. When their final gentile masters died, the slaves came before Ravina and said that since they had no masters, they wanted to be considered full-fledged Jews. He said to them: Go and return to the children of your first masters and have them write for you bills of manumission so that you will be considered freemen in every respect. The Rabbis said to Ravina: But didn’t Ameimar say that with regard to one who renounces ownership of his slave and dies, there is no remedy for that slave? Similarly, if one sells his slave to a gentile, he no longer has the right to the slave’s labor and can no longer write a bill of manumission for him.

אֲמַר לְהוּ: אֲנָא כְּרַב דִּימִי סְבִירָא לִי. אֲמַרוּ לֵיהּ: דְּרַב דִּימִי טָעוּתָא הִיא! אֲמַר לְהוּ: מַאי טָעוּתָא – דְּלָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר; הָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר – הָכִי נָמֵי! וְהִלְכְתָא כְּרָבִינָא.

Ravina said to them: I hold in accordance with the report of Rav Dimi, who said that Rabbi Yoḥanan says that the heirs can give a bill of manumission. They, the Rabbis, said to him: That which Rav Dimi said is erroneous. He said to them: What is erroneous about Rav Dimi’s statement? The reason it is erroneous is that he did not state this using a formulation of emancipation, but if he had stated this using a formulation of emancipation, then indeed they would be able to write a bill of manumission. The Gemara concludes: And the halakha is in accordance with the opinion of Ravina, that the original masters can write a bill of manumission for the slaves.

הָהוּא עַבְדָּא דְּבֵי תְרֵי, קָם חַד מִינַּיְיהוּ וְשַׁחְרְרֵיהּ לְפַלְגֵיהּ, אֲמַר אִידַּךְ: הַשְׁתָּא שָׁמְעִי בִּי רַבָּנַן וּמַפְסְדוּ לֵיהּ מִינַּאי; אֲזַל אַקְנְיֵיהּ לִבְנוֹ קָטָן.

§ The Gemara relates: There was a certain slave who belonged to two partners. One of them arose and emancipated his half of the slave. The other master said: Now the rabbis of the local court will hear that my slave is half emancipated and they will cause me to lose him, i.e., they will force me to release him, as is stated in the mishna (41b) that the court forces a master to release his slave who has been half emancipated. He went and transferred ownership of the slave to his minor son, who could not be forced by the court to emancipate him, so that the slave would remain in his possession.

שַׁלְחַהּ רַב יוֹסֵף בְּרֵיהּ דְּרָבָא לְקַמֵּיהּ דְּרַב פָּפָּא, שְׁלַח לֵיהּ: ״כַּאֲשֶׁר עָשָׂה כֵּן יֵעָשֶׂה לּוֹ, גְּמוּלוֹ יָשִׁיב לוֹ בְּרֹאשׁוֹ״ – אֲנַן קִים לַן בְּיָנוֹקָא דִּמְקָרְבָא דַּעְתֵּיהּ לְגַבֵּי זוּזֵי; מוֹקְמִינַן לֵיהּ אַפּוֹטְרוֹפּוֹס,

Rav Yosef, son of Rava, sent before Rav Pappa the question of what the halakha is in this circumstance. He sent to him a response that paraphrased biblical verses: As he has done, so shall it be done to him, his dealing shall return upon his own head (see Leviticus 24:19 and Obadiah 1:15). In other words, since the master acted deceitfully to circumvent the ruling of the Sages, one should deal with him deceitfully. We know that a child is attracted to money. We will appoint a steward for the child, who will clarify the slave’s market value,

וּמְקַרְקֵישׁ לֵיהּ זוּזֵי, וְכָתֵב לֵיהּ גִּיטָּא דְחֵירוּתָא עַל שְׁמֵיהּ.

and the slave should jingle the dinars before him. The child will want the money and he will decide to emancipate him, and they should write him a bill of emancipation in his name.

תָּנוּ רַבָּנַן, הָאוֹמֵר: ״עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין״; ״עָשׂוּי בֶּן חוֹרִין״; ״הֲרֵי הוּא בֶּן חוֹרִין״ – הֲרֵי הוּא בֶּן חוֹרִין.

§ The Sages taught that with regard to one who says: I made so-and-so my slave a freeman, or: My slave was made a freeman, or: Behold he is a freeman, in all of these cases he is a freeman as a result.

״אֶעֱשֶׂנּוּ בֶּן חוֹרִין״ – רַבִּי אוֹמֵר: קָנָה, וַחֲכָמִים אוֹמְרִים: לֹא קָנָה. אָמַר רַבִּי יוֹחָנָן: וְכוּלָּן – בִּשְׁטָר.

If he says: I will make him a freeman, Rabbi Yehuda HaNasi says: The slave has acquired himself, and the Rabbis say: He has not acquired himself. Rabbi Yoḥanan says: And all of these halakhot apply only when the formulation was written in a document that was transferred to the slave. A verbal statement alone is not effective in emancipating the slave.

תָּנוּ רַבָּנַן, הָאוֹמֵר: ״נָתַתִּי שָׂדֶה פְּלוֹנִית לִפְלוֹנִי״; ״נְתוּנָה לִפְלוֹנִי״; ״הֲרֵי הִיא שֶׁלּוֹ״ – הֲרֵי הִיא שֶׁלּוֹ. ״אֶתְּנֶנָּה לִפְלוֹנִי״ – רַבִּי מֵאִיר אוֹמֵר: קָנָה; וַחֲכָמִים אוֹמְרִים: לֹא קָנָה. אָמַר רַבִּי יוֹחָנָן: וְכוּלָּן – בִּשְׁטָר.

Similarly, the Sages taught that with regard to one who says: I gave such and such a field to so-and-so as a gift; or: This field is given to so-and-so; or: Behold it is his, in all of these cases it belongs to the recipient. If he says: I will give it to so-and-so, then Rabbi Meir says: That person has acquired the field. And the Rabbis say: He has not acquired it. With regard to this, Rabbi Yoḥanan also says: And all of these halakhot apply only when the formulation was written in a document that was transferred to the recipient. A verbal statement alone is not effective in transferring the field.

תָּנוּ רַבָּנַן, הָאוֹמֵר: ״עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין״, וְהוּא אוֹמֵר: ״לֹא עֲשָׂאַנִי״ – חָיְישִׁינַן שֶׁמָּא זִיכָּה לוֹ עַל יְדֵי אַחֵר. ״כָּתַבְתִּי וְנָתַתִּי לוֹ״, וְהוּא אוֹמֵר: ״לֹא כָּתַב לִי וְלֹא נָתַן לִי״ – הוֹדָאַת בַּעַל דִּין כְּמֵאָה עֵדִים דָּמֵי.

The Sages taught that with regard to one who says: I made so-and-so my slave a freeman, and the slave says: He did not make me a freeman, then we are concerned that perhaps the master transferred the slave’s emancipation to him through another person without the slave being aware of this, and the slave is assumed to be emancipated. However, if the master said: I wrote and I gave to him a bill of manumission, and the slave says: He did not write it for me and he did not give me a bill of manumission, then he remains a slave, as the legal status of the admission of a litigant is similar to the testimony of one hundred witnesses. Just as the testimony of witnesses is deemed credible by the court, so is the admission of a litigant deemed credible.

הָאוֹמֵר: ״נָתַתִּי שָׂדֶה פְּלוֹנִית לִפְלוֹנִי״, וְהוּא אוֹמֵר: ״לֹא נָתַן לִי״ – חָיְישִׁינַן שֶׁמָּא זִיכָּה לוֹ עַל יְדֵי אַחֵר. ״כָּתַבְתִּי וְנָתַתִּי לוֹ״, וְהוּא אוֹמֵר: ״לֹא כָּתַב וְלֹא נָתַן לִי״ – הוֹדָאַת בַּעַל דִּין כְּמֵאָה עֵדִים דָּמֵי.

Similarly, with regard to one who says: I gave such and such a field to so-and-so, and the supposed recipient says: He did not give me it, then we are concerned that perhaps he transferred the field to him through another person without the recipient being aware of this, and the field becomes his. However, if one says: I wrote and gave to him a document stating that I am giving him the field, and the supposed recipient says: He did not write it and did not give me a document stating that he is giving me the field, then he does not take possession of the field, as the legal status of the admission of a litigant is similar to the testimony of one hundred witnesses.

מִי אוֹכֵל פֵּירוֹת? רַב חִסְדָּא אָמַר: נוֹתֵן אוֹכֵל פֵּירוֹת; וְרַבָּה אָמַר: מְשַׁלְּשִׁין אֶת הַפֵּירוֹת.

The Gemara asks: In this case, where the original owner states that he gave the field to his friend, and the supposed recipient states that he did not receive it, who consumes the produce of the field? Rav Ḥisda says: The giver consumes the produce, as the field remains in his possession, and Rabba says: The produce is deposited with a third party until it can be determined who the rightful owner is.

וְלָא פְּלִיגִי: הָא בְּאַבָּא, הָא בִּבְרָא.

The Gemara comments: And they do not disagree. Rather, they are referring to different cases: This case pertains to the father, the one who is the supposed recipient of the field. As long as he is alive and states that he did not receive the field, the produce is consumed by the original owner. That case pertains to the son of the supposed recipient of the field, who claims that his father did not receive it. Since it is possible that the father received it without the son’s knowledge, the produce is deposited with a third party until it can be determined who the rightful owner is.

מַתְנִי׳ עֶבֶד שֶׁעֲשָׂאוֹ רַבּוֹ אַפּוֹתֵיקֵי לַאֲחֵרִים, וְשִׁיחְרְרוֹ – שׁוּרַת הַדִּין אֵין הָעֶבֶד חַיָּיב כְּלוּם; אֶלָּא מִפְּנֵי תִּיקּוּן הָעוֹלָם, כּוֹפִין אֶת רַבּוֹ וְעוֹשֶׂה אוֹתוֹ בֶּן חוֹרִין, וְכוֹתֵב שְׁטָר עַל דָּמָיו. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֵינוֹ כּוֹתֵב, אֶלָּא מְשַׁחְרֵר.

MISHNA: In the case of a slave whose master set him aside as designated repayment [apoteiki] of a debt to other people from whom he borrowed money, and afterward he emancipated him, then according to the letter of the law the slave bears no responsibility for the debt. However, for the betterment of the world, his master is forced to make him a freeman, and the slave writes a promissory note for his value to pay the debt to the creditor. Rabban Shimon ben Gamliel says: He does not write a promissory note; he only emancipates the slave.

גְּמָ׳ עֶבֶד שֶׁעֲשָׂאוֹ רַבּוֹ אַפּוֹתֵיקֵי וְשִׁיחְרְרוֹ: מִי שִׁחְרְרוֹ? אָמַר רַב: רַבּוֹ רִאשׁוֹן. שׁוּרַת הַדִּין אֵין הָעֶבֶד חַיָּיב כְּלוּם לְרַבּוֹ שֵׁנִי –

GEMARA: The mishna taught the case of a slave whose master set him aside as designated repayment of a debt to other people and afterward emancipated him. The Gemara clarifies: Who emancipated him? Rav said: His first master emancipated him, and the mishna is teaching as follows: According to the letter of the law, the slave is not obligated to serve his second master at all.

כִּדְרָבָא, דְּאָמַר רָבָא: הֶקְדֵּשׁ, חָמֵץ וְשִׁחְרוּר – מַפְקִיעִין מִידֵי שִׁיעְבּוּד; אֶלָּא מִפְּנֵי תִּיקּוּן הָעוֹלָם, שֶׁמָּא יִמְצָאֶנּוּ בַּשּׁוּק

Why does he not have to serve the second master? This halakha is in accordance with the statement of Rava, as Rava says: Consecration of an item to the Temple, becoming subject to the prohibition of leavened bread on Passover, and the emancipation of a slave abrogate any lien that exists upon an item. Therefore, in the case of the mishna, the slave should be a freeman after his master emancipates him, and the creditor may not take possession of him. However, for the betterment of the world, lest the creditor will find the slave in the market

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.

Lisa Berkelhammer
Lisa Berkelhammer

San Francisco, CA , United States

I began my journey two years ago at the beginning of this cycle of the daf yomi. It has been an incredible, challenging experience and has given me a new perspective of Torah Sh’baal Peh and the role it plays in our lives

linda kalish-marcus
linda kalish-marcus

Efrat, Israel

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

Yafit Fishbach
Yafit Fishbach

Memphis, Tennessee, United States

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

I am a Reform rabbi and took Talmud courses in rabbinical school, but I knew there was so much more to learn. It felt inauthentic to serve as a rabbi without having read the entire Talmud, so when the opportunity arose to start Daf Yomi in 2020, I dove in! Thanks to Hadran, Daf Yomi has enriched my understanding of rabbinic Judaism and deepened my love of Jewish text & tradition. Todah rabbah!

Rabbi Nicki Greninger
Rabbi Nicki Greninger

California, United States

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

A friend mentioned that she was starting Daf Yomi in January 2020. I had heard of it and thought, why not? I decided to try it – go day by day and not think about the seven plus year commitment. Fast forward today, over two years in and I can’t imagine my life without Daf Yomi. It’s part of my morning ritual. If I have a busy day ahead of me I set my alarm to get up early to finish the day’s daf
Debbie Fitzerman
Debbie Fitzerman

Ontario, Canada

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.

Marian Frankston
Marian Frankston

Pennsylvania, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, Israel

I learned Talmud as a student in Yeshivat Ramaz and felt at the time that Talmud wasn’t for me. After reading Ilana Kurshan’s book I was intrigued and after watching the great siyum in Yerushalayim it ignited the spark to begin this journey. It has been a transformative life experience for me as a wife, mother, Savta and member of Klal Yisrael.
Elana Storch
Elana Storch

Phoenix, Arizona, United States

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!

Pamela Elisheva
Pamela Elisheva

Bakersfield, United States

Gittin 40

יָצָא לְחֵירוּת. אָמַר לוֹ רַבִּי יוֹחָנָן: כָּל כָּךְ יֵשׁ בְּיָדְךָ?! וַאֲנִי שׁוֹנֶה: הַכּוֹתֵב שְׁטַר אֵירוּסִין לְשִׁפְחָתוֹ, רַבִּי מֵאִיר אוֹמֵר: מְקוּדֶּשֶׁת, וַחֲכָמִים אוֹמְרִים: אֵינָהּ מְקוּדֶּשֶׁת!

he is emancipated. Rabbi Yoḥanan said to Rabbi Zeira: You possess such an extreme halakha, but I teach this halakha: With regard to one who writes a document of betrothal for his maidservant, stating: You are hereby betrothed to me, Rabbi Meir says: She is betrothed, and the Rabbis say: She is not betrothed, as even this, when he betroths her directly, does not serve as proof that he emancipates her.

כִּדְאָמַר רַבָּה בַּר רַב שֵׁילָא – כְּשֶׁרַבּוֹ הִנִּיחַ לוֹ תְּפִילִּין; הָכָא נָמֵי – כְּשֶׁרַבּוֹ הִשִּׂיאוֹ אִשָּׁה.

The Gemara answers: Just as that which Rabba bar Rav Sheila says in a different context, that Rabbi Yehoshua ben Levi is referring to a case where a slave’s master placed phylacteries on him, here too, the context of Rabbi Zeira’s statement is not that of a slave who married a woman in his master’s presence but a case where the slave’s master himself provided a wife for him, as this is certainly proof that he had emancipated him.

וּמִי אִיכָּא מִידֵּי דִּלְעַבְדֵּיהּ – לָא מִעֲבַד לֵיהּ אִיסּוּרָא, וְאִיהוּ – עָבֵד אִיסּוּרָא?!

The Gemara questions this answer: Is there anything like this, where for his slave he would not violate a prohibition, and by providing a wife for his slave he indicates that he must have emancipated the slave, but he himself might violate the prohibition, as he is suspected of marrying his maidservant without having freed her?

אָמַר רַב נַחְמָן בַּר יִצְחָק: הָכָא בְּמַאי עָסְקִינַן – דְּאָמַר לָהּ: ״צְאִי בּוֹ וְהִתְקַדְּשִׁי בּוֹ״; רַבִּי מֵאִיר סָבַר: יֵשׁ בַּלָּשׁוֹן הַזֶּה לְשׁוֹן שִׁחְרוּר, וְרַבָּנַן סָבְרִי: אֵין בַּלָּשׁוֹן הַזֶּה לְשׁוֹן שִׁחְרוּר.

Rav Naḥman bar Yitzḥak said: With what are we dealing here? This is a case where he said to the maidservant when he gave her the document of betrothal: Become emancipated with this and become betrothed to me with this. Rabbi Meir holds that this formulation written in the document of betrothal: You are hereby betrothed to me, contains a formulation of emancipation and therefore serves both as a bill of manumission and a document of betrothal. And the Rabbis hold: This formulation is not a formulation of emancipation. That is why the Rabbis hold she is not betrothed in this case. However, according to everyone, a master is not suspected of marrying his maidservant without first freeing her.

אָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: עֶבֶד שֶׁהִנִּיחַ תְּפִילִּין בִּפְנֵי רַבּוֹ – יָצָא לְחֵירוּת. מֵיתִיבִי: לָוָה הֵימֶנּוּ רַבּוֹ, אוֹ שֶׁעֲשָׂאוֹ רַבּוֹ אַפּוֹטְרוֹפּוֹס, אוֹ שֶׁהִנִּיחַ תְּפִילִּין בִּפְנֵי רַבּוֹ, אוֹ שֶׁקָּרָא שְׁלֹשָׁה פְּסוּקִים בְּבֵית הַכְּנֶסֶת בִּפְנֵי רַבּוֹ, הֲרֵי זֶה לֹא יָצָא לְחֵירוּת!

With regard to this issue, Rabbi Yehoshua ben Levi says: A slave who dons phylacteries in the presence of his master is emancipated, as this is unusual behavior for a slave because slaves are not obligated in this mitzva. The Gemara raises an objection from a baraita: If a slave’s master borrowed money from him; or if his master appointed him as a steward over his possessions; or if the slave donned phylacteries in the presence of his master; or if he read three verses of the Torah reading in the synagogue in the presence of his master, although all of these activities are ordinarily performed only by freemen, this slave is not emancipated. This seems to contradict the opinion of Rabbi Yehoshua ben Levi.

אָמַר רַבָּה בַּר רַב שֵׁילָא: כְּשֶׁרַבּוֹ הִנִּיחַ לוֹ תְּפִילִּין.

Rabba bar Rav Sheila says: Rabbi Yehoshua ben Levi was referring to a case where the slave’s master placed phylacteries on him. In that case it is clear that the slave is donning phylacteries with the consent of his master, and a master would not place phylacteries on his slave unless he had already emancipated him.

כִּי אֲתָא רַב דִּימִי, אָמַר רַבִּי יוֹחָנָן: מִי שֶׁאָמַר בִּשְׁעַת מִיתָתוֹ ״פְּלוֹנִית שִׁפְחָתִי אַל יִשְׁתַּעְבְּדוּ בָּהּ לְאַחַר מוֹתִי״ – כּוֹפִין אֶת הַיּוֹרְשִׁים וְכוֹתְבִין לָהּ גֵּט שִׁחְרוּר. אָמְרוּ לְפָנָיו רַבִּי אַמֵּי וְרַבִּי אַסִּי: רַבִּי, אִי אַתָּה מוֹדֶה שֶׁבָּנֶיהָ עֲבָדִים?

§ When Rav Dimi came from Eretz Yisrael to Babylonia he reported that Rabbi Yoḥanan says: In a case of one who says at the moment of his death: With regard to so-and-so, my maidservant, my heirs should not treat her as a slave after my death, the court compels the heirs and they write for her a bill of manumission. Rabbi Ami and Rabbi Asi said before him: My teacher, don’t you admit that her children are slaves? The master meant only that his heirs should not subjugate her excessively. He did not intend to free her, and her children remain slaves. Why, then, are the heirs compelled to free the maidservant?

כִּי אֲתָא רַב שְׁמוּאֵל בַּר יְהוּדָה, אָמַר רַבִּי יוֹחָנָן: מִי שֶׁאָמַר בִּשְׁעַת מִיתָתוֹ ״פְּלוֹנִית שִׁפְחָתִי קוֹרַת רוּחַ עָשְׂתָה לִי; יֵעָשֶׂה לָהּ קוֹרַת רוּחַ״ – כּוֹפִין אֶת הַיּוֹרְשִׁין וְעוֹשִׂין לָהּ קוֹרַת רוּחַ. מַאי טַעְמָא? מִצְוָה לְקַיֵּים דִּבְרֵי הַמֵּת.

When Rav Shmuel bar Yehuda came from Eretz Yisrael to Babylonia, he reported a different version of what Rabbi Yoḥanan says: In a case of one who says at the moment of his death: So-and-so, my maidservant, gave me satisfaction and one should do for her something that gives her satisfaction, the court compels the heirs to give her satisfaction, and if she will be satisfied only by being emancipated, they must do so. What is the reason for this? It is a mitzva to fulfill the statement of the dead.

אָמַר אַמֵּימָר: הַמַּפְקִיר עַבְדּוֹ – אוֹתוֹ עֶבֶד אֵין לוֹ תַּקָּנָה. מַאי טַעְמָא? גּוּפֵיהּ לָא קָנֵי לֵיהּ – אִיסּוּרָא הוּא דְּאִיכָּא גַּבֵּיהּ, וְאִיסּוּרָא לָא מָצֵי מַקְנֵי לֵיהּ.

Ameimar says: With regard to one who renounces ownership of his slave, there is no halakhic remedy for that slave, and he cannot marry a Jewish woman. What is the reason for this? The slave himself does not belong to his master. However, there is the prohibition against marrying a Jewish woman that remains in the master’s possession, and the master cannot transfer ownership of the prohibition to the slave, as this is not something that can be transferred. A bill of manumission is not effective in this case because the slave already does not belong to him.

אֲמַר לֵיהּ רַב אָשֵׁי לְאַמֵּימָר: וְהָאָמַר עוּלָּא אָמַר רַבִּי יוֹחָנָן, וְרַב חִיָּיא בַּר אָבִין אָמַר רַב: אֶחָד זֶה וְאֶחָד זֶה יָצָא לְחֵירוּת, וְצָרִיךְ גֵּט שִׁחְרוּר! אֲמַר לֵיהּ: ״צָרִיךְ״ – וְאֵין לוֹ תַּקָּנָה.

Rav Ashi said to Ameimar: But didn’t Ulla say that Rabbi Yoḥanan says, and similarly Rav Ḥiyya bar Avin says that Rav says: Both in this case of one who betroths his slave, and in that case of one who renounces ownership of his slave, the slave is emancipated but nevertheless requires a bill of manumission? This demonstrates that when one renounces ownership of his slave, the slave is no longer in his possession but can still become a freeman upon receiving a bill of manumission. Ameimar said to him: They meant that he requires a bill of manumission to be considered a freeman and to marry a Jewish woman, but there is no remedy for him, as the master cannot issue one.

אִיכָּא דְּאָמְרִי, אָמַר אַמֵּימָר: הַמַּפְקִיר עַבְדּוֹ וָמֵת – אוֹתוֹ הָעֶבֶד אֵין לוֹ תַּקָּנָה. מַאי טַעְמָא? גּוּפֵיהּ לָא קָנֵי לֵיהּ – אִיסּוּרָא הוּא דְּאִיכָּא גַּבֵּיהּ, וְאִיסּוּרָא לִבְרֵיהּ לָא מוֹרֵית. אֲמַר לֵיהּ רַב אָשֵׁי לְאַמֵּימָר: וְהָא כִּי אֲתָא רַב דִּימִי, אָמַר רַבִּי יוֹחָנָן!

There are those who say a different version of this exchange: Ameimar says: With regard to one who renounces ownership of his slave and dies, there is no halakhic remedy for that slave and he cannot marry a Jewish woman. What is the reason for this? The slave himself does not belong to his master; however, there is the prohibition against marrying a Jewish woman that remains in the master’s possession, and the master cannot bequeath the prohibition to his son. Rav Ashi said to Ameimar: But when Rav Dimi came from Eretz Yisrael, he reported that Rabbi Yoḥanan says that if one says that his heirs should not treat his maidservant as a slave, the heirs are compelled to write a bill of manumission. This demonstrates that the heirs can write a bill of manumission although they do not own the maidservant.

דְּרַב דִּימִי טָעוּתָא הִיא. אֲמַר לֵיהּ: מַאי טָעוּתָא – דְּלָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר; הָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר – הָכִי נָמֵי! אֲמַר לֵיהּ: אֲנָא כִּדְרַב שְׁמוּאֵל בַּר יְהוּדָה סְבִירָא לִי.

Ameimar answered: The report of Rav Dimi quoting Rabbi Yoḥanan is erroneous, and Rabbi Yoḥanan never stated that halakha. He said to him: What is erroneous about Rav Dimi’s statement? The reason it is erroneous is that the master did not state this using a formulation of emancipation, but if he had stated this using a formulation of emancipation, then indeed they would be able to write for her a bill of manumission? Why then do you not concede to his opinion? He said to him: I hold in accordance with the report of Rav Shmuel bar Yehuda, that Rabbi Yoḥanan was discussing a case where the master said that his heirs should give the maidservant satisfaction. Therefore, the master never stated that the heirs would not have ownership over the maidservant, only that they should fulfill his dying instruction to grant her satisfaction.

הָהוּא דִּסְקַרְתָּא דְּעַבְדֵי דְּאִזְדַּבַּן לְגוֹי. כְּלוֹ מָרְווֹתָא בָּתְרָאֵי, אֲתוֹ לְקַמֵּיהּ דְּרָבִינָא, אֲמַר לְהוּ: זִילוּ אַהְדַּרוּ אַבְּנֵי מָרְווֹתָא קַמָּאֵי, וְיִכְתְּבוּ לְכוּ גִּיטָּא דְחֵרוּתָא. אֲמַרוּ לֵיהּ רַבָּנַן לְרָבִינָא, וְהָאָמַר אַמֵּימָר: הַמַּפְקִיר עַבְדּוֹ וָמֵת – אוֹתוֹ הָעֶבֶד אֵין לוֹ תַּקָּנָה!

The Gemara relates: There was an incident involving a certain city [diskarta] of slaves that was sold to gentiles. When their final gentile masters died, the slaves came before Ravina and said that since they had no masters, they wanted to be considered full-fledged Jews. He said to them: Go and return to the children of your first masters and have them write for you bills of manumission so that you will be considered freemen in every respect. The Rabbis said to Ravina: But didn’t Ameimar say that with regard to one who renounces ownership of his slave and dies, there is no remedy for that slave? Similarly, if one sells his slave to a gentile, he no longer has the right to the slave’s labor and can no longer write a bill of manumission for him.

אֲמַר לְהוּ: אֲנָא כְּרַב דִּימִי סְבִירָא לִי. אֲמַרוּ לֵיהּ: דְּרַב דִּימִי טָעוּתָא הִיא! אֲמַר לְהוּ: מַאי טָעוּתָא – דְּלָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר; הָא אַמְרַהּ בִּלְשׁוֹן שִׁחְרוּר – הָכִי נָמֵי! וְהִלְכְתָא כְּרָבִינָא.

Ravina said to them: I hold in accordance with the report of Rav Dimi, who said that Rabbi Yoḥanan says that the heirs can give a bill of manumission. They, the Rabbis, said to him: That which Rav Dimi said is erroneous. He said to them: What is erroneous about Rav Dimi’s statement? The reason it is erroneous is that he did not state this using a formulation of emancipation, but if he had stated this using a formulation of emancipation, then indeed they would be able to write a bill of manumission. The Gemara concludes: And the halakha is in accordance with the opinion of Ravina, that the original masters can write a bill of manumission for the slaves.

הָהוּא עַבְדָּא דְּבֵי תְרֵי, קָם חַד מִינַּיְיהוּ וְשַׁחְרְרֵיהּ לְפַלְגֵיהּ, אֲמַר אִידַּךְ: הַשְׁתָּא שָׁמְעִי בִּי רַבָּנַן וּמַפְסְדוּ לֵיהּ מִינַּאי; אֲזַל אַקְנְיֵיהּ לִבְנוֹ קָטָן.

§ The Gemara relates: There was a certain slave who belonged to two partners. One of them arose and emancipated his half of the slave. The other master said: Now the rabbis of the local court will hear that my slave is half emancipated and they will cause me to lose him, i.e., they will force me to release him, as is stated in the mishna (41b) that the court forces a master to release his slave who has been half emancipated. He went and transferred ownership of the slave to his minor son, who could not be forced by the court to emancipate him, so that the slave would remain in his possession.

שַׁלְחַהּ רַב יוֹסֵף בְּרֵיהּ דְּרָבָא לְקַמֵּיהּ דְּרַב פָּפָּא, שְׁלַח לֵיהּ: ״כַּאֲשֶׁר עָשָׂה כֵּן יֵעָשֶׂה לּוֹ, גְּמוּלוֹ יָשִׁיב לוֹ בְּרֹאשׁוֹ״ – אֲנַן קִים לַן בְּיָנוֹקָא דִּמְקָרְבָא דַּעְתֵּיהּ לְגַבֵּי זוּזֵי; מוֹקְמִינַן לֵיהּ אַפּוֹטְרוֹפּוֹס,

Rav Yosef, son of Rava, sent before Rav Pappa the question of what the halakha is in this circumstance. He sent to him a response that paraphrased biblical verses: As he has done, so shall it be done to him, his dealing shall return upon his own head (see Leviticus 24:19 and Obadiah 1:15). In other words, since the master acted deceitfully to circumvent the ruling of the Sages, one should deal with him deceitfully. We know that a child is attracted to money. We will appoint a steward for the child, who will clarify the slave’s market value,

וּמְקַרְקֵישׁ לֵיהּ זוּזֵי, וְכָתֵב לֵיהּ גִּיטָּא דְחֵירוּתָא עַל שְׁמֵיהּ.

and the slave should jingle the dinars before him. The child will want the money and he will decide to emancipate him, and they should write him a bill of emancipation in his name.

תָּנוּ רַבָּנַן, הָאוֹמֵר: ״עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין״; ״עָשׂוּי בֶּן חוֹרִין״; ״הֲרֵי הוּא בֶּן חוֹרִין״ – הֲרֵי הוּא בֶּן חוֹרִין.

§ The Sages taught that with regard to one who says: I made so-and-so my slave a freeman, or: My slave was made a freeman, or: Behold he is a freeman, in all of these cases he is a freeman as a result.

״אֶעֱשֶׂנּוּ בֶּן חוֹרִין״ – רַבִּי אוֹמֵר: קָנָה, וַחֲכָמִים אוֹמְרִים: לֹא קָנָה. אָמַר רַבִּי יוֹחָנָן: וְכוּלָּן – בִּשְׁטָר.

If he says: I will make him a freeman, Rabbi Yehuda HaNasi says: The slave has acquired himself, and the Rabbis say: He has not acquired himself. Rabbi Yoḥanan says: And all of these halakhot apply only when the formulation was written in a document that was transferred to the slave. A verbal statement alone is not effective in emancipating the slave.

תָּנוּ רַבָּנַן, הָאוֹמֵר: ״נָתַתִּי שָׂדֶה פְּלוֹנִית לִפְלוֹנִי״; ״נְתוּנָה לִפְלוֹנִי״; ״הֲרֵי הִיא שֶׁלּוֹ״ – הֲרֵי הִיא שֶׁלּוֹ. ״אֶתְּנֶנָּה לִפְלוֹנִי״ – רַבִּי מֵאִיר אוֹמֵר: קָנָה; וַחֲכָמִים אוֹמְרִים: לֹא קָנָה. אָמַר רַבִּי יוֹחָנָן: וְכוּלָּן – בִּשְׁטָר.

Similarly, the Sages taught that with regard to one who says: I gave such and such a field to so-and-so as a gift; or: This field is given to so-and-so; or: Behold it is his, in all of these cases it belongs to the recipient. If he says: I will give it to so-and-so, then Rabbi Meir says: That person has acquired the field. And the Rabbis say: He has not acquired it. With regard to this, Rabbi Yoḥanan also says: And all of these halakhot apply only when the formulation was written in a document that was transferred to the recipient. A verbal statement alone is not effective in transferring the field.

תָּנוּ רַבָּנַן, הָאוֹמֵר: ״עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין״, וְהוּא אוֹמֵר: ״לֹא עֲשָׂאַנִי״ – חָיְישִׁינַן שֶׁמָּא זִיכָּה לוֹ עַל יְדֵי אַחֵר. ״כָּתַבְתִּי וְנָתַתִּי לוֹ״, וְהוּא אוֹמֵר: ״לֹא כָּתַב לִי וְלֹא נָתַן לִי״ – הוֹדָאַת בַּעַל דִּין כְּמֵאָה עֵדִים דָּמֵי.

The Sages taught that with regard to one who says: I made so-and-so my slave a freeman, and the slave says: He did not make me a freeman, then we are concerned that perhaps the master transferred the slave’s emancipation to him through another person without the slave being aware of this, and the slave is assumed to be emancipated. However, if the master said: I wrote and I gave to him a bill of manumission, and the slave says: He did not write it for me and he did not give me a bill of manumission, then he remains a slave, as the legal status of the admission of a litigant is similar to the testimony of one hundred witnesses. Just as the testimony of witnesses is deemed credible by the court, so is the admission of a litigant deemed credible.

הָאוֹמֵר: ״נָתַתִּי שָׂדֶה פְּלוֹנִית לִפְלוֹנִי״, וְהוּא אוֹמֵר: ״לֹא נָתַן לִי״ – חָיְישִׁינַן שֶׁמָּא זִיכָּה לוֹ עַל יְדֵי אַחֵר. ״כָּתַבְתִּי וְנָתַתִּי לוֹ״, וְהוּא אוֹמֵר: ״לֹא כָּתַב וְלֹא נָתַן לִי״ – הוֹדָאַת בַּעַל דִּין כְּמֵאָה עֵדִים דָּמֵי.

Similarly, with regard to one who says: I gave such and such a field to so-and-so, and the supposed recipient says: He did not give me it, then we are concerned that perhaps he transferred the field to him through another person without the recipient being aware of this, and the field becomes his. However, if one says: I wrote and gave to him a document stating that I am giving him the field, and the supposed recipient says: He did not write it and did not give me a document stating that he is giving me the field, then he does not take possession of the field, as the legal status of the admission of a litigant is similar to the testimony of one hundred witnesses.

מִי אוֹכֵל פֵּירוֹת? רַב חִסְדָּא אָמַר: נוֹתֵן אוֹכֵל פֵּירוֹת; וְרַבָּה אָמַר: מְשַׁלְּשִׁין אֶת הַפֵּירוֹת.

The Gemara asks: In this case, where the original owner states that he gave the field to his friend, and the supposed recipient states that he did not receive it, who consumes the produce of the field? Rav Ḥisda says: The giver consumes the produce, as the field remains in his possession, and Rabba says: The produce is deposited with a third party until it can be determined who the rightful owner is.

וְלָא פְּלִיגִי: הָא בְּאַבָּא, הָא בִּבְרָא.

The Gemara comments: And they do not disagree. Rather, they are referring to different cases: This case pertains to the father, the one who is the supposed recipient of the field. As long as he is alive and states that he did not receive the field, the produce is consumed by the original owner. That case pertains to the son of the supposed recipient of the field, who claims that his father did not receive it. Since it is possible that the father received it without the son’s knowledge, the produce is deposited with a third party until it can be determined who the rightful owner is.

מַתְנִי׳ עֶבֶד שֶׁעֲשָׂאוֹ רַבּוֹ אַפּוֹתֵיקֵי לַאֲחֵרִים, וְשִׁיחְרְרוֹ – שׁוּרַת הַדִּין אֵין הָעֶבֶד חַיָּיב כְּלוּם; אֶלָּא מִפְּנֵי תִּיקּוּן הָעוֹלָם, כּוֹפִין אֶת רַבּוֹ וְעוֹשֶׂה אוֹתוֹ בֶּן חוֹרִין, וְכוֹתֵב שְׁטָר עַל דָּמָיו. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֵינוֹ כּוֹתֵב, אֶלָּא מְשַׁחְרֵר.

MISHNA: In the case of a slave whose master set him aside as designated repayment [apoteiki] of a debt to other people from whom he borrowed money, and afterward he emancipated him, then according to the letter of the law the slave bears no responsibility for the debt. However, for the betterment of the world, his master is forced to make him a freeman, and the slave writes a promissory note for his value to pay the debt to the creditor. Rabban Shimon ben Gamliel says: He does not write a promissory note; he only emancipates the slave.

גְּמָ׳ עֶבֶד שֶׁעֲשָׂאוֹ רַבּוֹ אַפּוֹתֵיקֵי וְשִׁיחְרְרוֹ: מִי שִׁחְרְרוֹ? אָמַר רַב: רַבּוֹ רִאשׁוֹן. שׁוּרַת הַדִּין אֵין הָעֶבֶד חַיָּיב כְּלוּם לְרַבּוֹ שֵׁנִי –

GEMARA: The mishna taught the case of a slave whose master set him aside as designated repayment of a debt to other people and afterward emancipated him. The Gemara clarifies: Who emancipated him? Rav said: His first master emancipated him, and the mishna is teaching as follows: According to the letter of the law, the slave is not obligated to serve his second master at all.

כִּדְרָבָא, דְּאָמַר רָבָא: הֶקְדֵּשׁ, חָמֵץ וְשִׁחְרוּר – מַפְקִיעִין מִידֵי שִׁיעְבּוּד; אֶלָּא מִפְּנֵי תִּיקּוּן הָעוֹלָם, שֶׁמָּא יִמְצָאֶנּוּ בַּשּׁוּק

Why does he not have to serve the second master? This halakha is in accordance with the statement of Rava, as Rava says: Consecration of an item to the Temple, becoming subject to the prohibition of leavened bread on Passover, and the emancipation of a slave abrogate any lien that exists upon an item. Therefore, in the case of the mishna, the slave should be a freeman after his master emancipates him, and the creditor may not take possession of him. However, for the betterment of the world, lest the creditor will find the slave in the market

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete