(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

Ask A Question on the daf

Previous daf

Gitin 38

GITIN 38 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.

1) WHO CAN OWN WHOM? (cont.)

(a) Question: According to Rava, he was redeemed after despair, he works for Reuven - but Reuven bought him from the captors - did the captors really own him?!
(b) Answer: Yes, they owned him regarding his earnings!
1. (Reish Lakish): A Nochri can acquire a Nochri regarding his earnings.
2. "Also from the settlers that live with you, you may buy slaves" - you (Yisrael) can buy Nochrim, but they cannot buy you, nor can they buy each other.
3. Suggestion: Perhaps they cannot acquire each other.
4. Question: Indeed, Reish Lakish said that they cannot acquire each other!
5. Answer: He meant, they cannot totally acquire one another;
i. Suggestion: Perhaps they cannot acquire each other, even regarding earnings.
ii. Rejection: A Nochri can acquire a Yisrael regarding his earnings - all the more so, he can acquire a Nochri for his earnings.
iii. Suggestion: Perhaps they only acquire each other through money, but not through conquest.
iv. Rejection (Rav Papa): Sichon's conquest of (parts of) Amon and Mo'av allowed Yisrael to take those lands.
(c) This shows, a Nochri can acquire a Nochri; how do we learn that a Nochri can acquire a Yisrael?
(d) Answer: "They took a captive from us".
(a) (Rav Shemen bar Aba, citing R. Yochanan): A slave that escapes from prison goes free; in fact, we force the master to write a document of freedom.
(b) (Mishnah - R. Shimon ben Gamliel): Either way, the redeemed slave works as a slave.
1. (R. Yochanan): Wherever R. Shimon ben Gamliel appears in a Mishnah, the law is like him, with only 3 exceptions: the Mishnah of a cosigner, the case of divorce in Tzidon, and one who found a proof after he lost a monetary judgment.
(c) Contradiction: R. Yochanan contradicts himself!
(d) Answer #1: Abaye established the Mishnah to be before despair - he can answer, the case of escaping from prison is after the master despaired.
1. Question: Rava established the Mishnah after the master despaired - how can he resolve the contradiction in R. Yochanan?
2. Answer: Rava explained, R. Shimon ben Gamliel's reason is Chizkiyah's enactment (that slaves should not (intentionally) get captured to go free - this does not apply to one who escapes from prison.
i. One who escapes risks his life - he would not willingly get captured to try to go free!
(e) Shmuel's slave was captured; others redeemed her with intention that she remain a slave.
1. The redeemers told Shmuel: We hold like R. Shimon ben Gamliel - even if you hold like Chachamim, she remains a slave because we intended for this.
2. They assumed that Shmuel had not yet despaired, but in fact, he had already despaired.
3. Not only did Shmuel not use her as a slave - he even ruled that she needs no Get of freedom!
4. This is like Shmuel said - one who declares his slave to be ownerless, the slave goes free and needs no Get of freedom.
5. He learns from "Any slave of a man".
i. Rhetorical question: Does this come to exclude the slave of a woman?!
ii. Answer: Rather, a slave that has a master is a slave; if no master has authority over him, he is not a slave.
(a) The slave of R. Aba bar Zutra was captured; a Nochri from Tarmud redeemed her. Yisraelim sent a message to R. Aba: the proper thing to do is to send her a Get of freedom.
(b) Question: What was the case?
1. Suggestion: If they can buy her back from the Nochri - why must he send a Get?
2. Suggestion: If they cannot her back - how will a Get help?
(c) Answer #1: The Nochri was willing to sell her - the community would only redeem her if R. Aba sent a Get.
(d) Answer #2: The Nochri was unwilling to sell her - but if R. Aba sent a Get (he would see that she was formerly a slave), she would be disgraced in the Nochri's eyes, and he would agree to sell her.
(e) Question: But it was taught - Nochrim desire the animals of Yisrael (for relations) more than their own wives!
(f) Answer: That applies in secret - if it becomes known, they are disgraced.
(g) There was a female slave of Pumbadisa, with whom men were sinning.
1. Abaye: If not for Rav Yehudah's law, that one who frees a slave transgresses a positive Mitzvah, I would force the master to free her.
2. Ravina: Rav Yehudah admits, there is no prohibition to free a slave to prevent transgressions.
3. Question: Does Abaye really argue on this?!
i. (R. Chinena bar Rav Ketina): There was a half slave, and Chachamim forced the master to free her.

ii. (Rav Nachman bar Yitzchak): The case was, men were freely sinning with her.
4. Answer: Abaye agrees, a slave may be freed if that is the only way to stop transgression.
i. R. Chinena's case was different - a half slave is forbidden to slaves and free men - but a full slave may be matched with a male slave, and he will stop others from sinning with her.
(h) (Rav Yehudah): "Forever they will work for you" - one who frees a slave transgresses a positive Mitzvah.
(i) Question (Beraisa): There was a case in which R. Eliezer found only 9 men in synagogue, and freed his slave to complete the Minyan!
(j) Answer: Rav Yehudah admits, one may free his slave for the need of a Mitzvah.
1. (Beraisa - R. Yishmael): "Forever they will work for you" - this is optional;
2. R. Akiva says, this is an obligation.
(k) Question (on answer (j)): Perhaps R. Eliezer holds like R. Yishmael, there is no obligation to work with slaves!
(l) Answer (Beraisa - R. Eliezer): It is an obligation.
(m) (Rabah): People lose their property for 3 transgressions: They free their slaves, they look over their possessions on Shabbos, and they arrange to eat on Shabbos at the time of the class in the Beis Medrash.
1. (R. Chiya bar Aba): There were 2 families in Yerushalayim that were uprooted - 1 fixed meals on Erev Shabbos, the other, on Shabbos day (at the time of the class).
(a) Version #1 (Rabah citing Rav): One who declares his slave to be Hekdesh, the slave goes free.
(b) Question: Why?
(c) Answer: The slave cannot become intrinsically Kodesh; the master didn't say he sanctifies only his value - the only explanation is, he means that the slave should become part of the holy nation (through freedom).
(d) Version #2 (Rav Yosef citing Rav): One who declares his slave to be Hefker, the slave goes free.
1. Rabah says that he goes free even when he was declared Hekdesh - all the more so, if he was declared Hefker.
2. Rav Yosef says that he goes free when he was declared Hefker - but if he was declared Hekdesh, no - perhaps the master sanctified his value.
(e) Question: Does the slave need a Get of freedom?
(f) Answer: R. Chiya bar Avin cited Rav as saying that in either case he goes free and requires a Get of freedom.
(g) Question (Rabah (against his own teaching) - Beraisa): One who sanctifies his property, and it includes slaves - the treasurers of Hekdesh may not free them but they may sell them to buyers that will free them;
1. Rebbi says, the slave can give his own value to buy freedom, for this is like selling the slave to himself.
(h) Answer: One cannot refute Rav from a Beraisa - Rav is a Tana, and he can argue on a Beraisa!
(i) Question (Beraisa): "Any sanctified thing...from people" - this includes Kana'ani slaves (they do not go free)!
(j) Answer: The case is, he explicitly sanctified their value.
1. Question: Why didn't we give this answer to question (g)?
2. Answer #1: That Beraisa said, the treasurers cannot set them free - if he only sanctified their value, the treasurers have no involvement with the slaves (rather, they have a claim on the master to pay their value)!
3. Answer #2: That Beraisa said, the treasurers may sell them to others, who will set them free - the others have no involvement with the slaves (since the treasurers had no authority to sell them)!
4. Answer #3: In the end of that Beraisa, Rebbi said, the slave may pay his own value to go free, for this is like selling him to himself - the treasurers have no authority to sell him!
Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,