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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 40

GITIN 40 - Sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel. May Hashem bless them with many years of Simcha, health and fulfillment, and may they see all of their children and grandchildren follow them in the ways of Torah and Yir'as Shamayim!


(a) What did Rebbi Zeira ... Amar Rebbi say about an Eved who married a bas Chorin in front of his master?

(b) Rebbi Yochanan was not happy with this Chidush, due to a ruling that he quoted regarding someone who wrote a Sh'tar Eirusin betrothing his Shifchah to himself. Rebbi Meir ruled there 'Mekudeshes.
What do the Chachamim say?

(c) Based on a statement of Rabah bar Rav Shiloh regarding an Eved who laid Tefilin in front of his Master, how do we reconcile Rebbi with the Chachamim of Rebbi Meir?

(a) Is it not rather strange that marrying his Eved to a bas Chorin is a sign that he has set him free, whereas his own betrothal to his Shifchah is not? How does Rav Nachman bar Yitzchak establish the latter case to explain this?

(b) What is then the basis of the Machlokes between Rebbi Meir and the Chachamim?

(c) Why would it have been different had the master just said 'Hiskadshi Bo'?

(a) Is it a sign of freedom if a master ...
  1. ... borrows from his slave or if he appoints him an agent over his property?
  2. ... saw him laying Tefilin or being called up to the Torah and did not protest?
(b) How does Rabah bar Rav Shiloh reconcile Rebbi Yehoshua ben Levi, who says 'Eved she'Hini'ach Tefilin bi'Fnei Rabo, Yeitzei le'Cheirus' with the Beraisa?
(a) When Rav Dimi came from Eretz Yisrael, what did he quote Rebbi Yochanan as saying regarding a dying man who says 'P'lonis Shifchasi Al Yishta'bdu Bah le'Achar Mosi'?

(b) What had Rebbi Ami and Rebbi Asi said to Rebbi Yochanan at the time?
What objection had they raised?

(c) According to them, what *did* the dying man mean?

(d) When Rav Shmuel bar Yehudah came from Eretz Yisrael, he had a different version of Rebbi Yochanan's statement.
What did he quote Rebbi Yochanan as saying, regarding a dying man who said 'P'lonis Shifchasi Koras Ru'ach As'sah Li, Ye'aseh Lah Koras Ru'ach'?

(a) We have already cited Ameimar who says that 'ha'Mafkir Avdo, Oso Eved Ein Lo Takanah'.
Why is that?

(b) How does Ameimar then explain both Rebbi Yochanan and Rav, whom we cited above as saying that 'ha'Mafkir and ha'Makdish Avdo, the Eved goes out to freedom, and requires a Get Shichrur?

(c) What is the alternative version of Ameimar's Halachah?

(d) Rav Ashi asks on Ameimar from Rav Dimi, whom we just saw requires a Get Shichrur in the case of 'P'lonis Shifchasi Al Yishta'bdu Bah le'Achar Mosi'. On what grounds do we reject the answer that Rebbi Ami and Rebbi Asi anyway repudiate Rebbi Yochanan's statement?

(a) How did Ameimar answer the Kashya from Rav Dimi?

(b) What happened to the town of slaves that was sold to Nochrim?

(c) What instructions did Ravina issue to the Avadim who came to ask him what to do?

(d) What did Ravina reply to the Rabbanan who queried ...

  1. ... his instructions from Ameimar?
  2. ... his reply on the grounds that Rav Dimi was proved wrong? Like whom is the Halachah, like Ameimar or like Ravina?
(a) In the story of the two partners who jointly owned an Eved Cena'ani, what was the second partner afraid of when the first partner set free his portion in the Eved?

(b) How did the Rabbanan subsequently penalize him when he gave him to his minor son in the knowledge that Ketanim are not subject to coercion?

(c) What was the purpose of the Apotropus?

(d) On what basis was the Sh'tar valid, seeing as he was only a Katan?

Answers to questions



(a) What does the Tana of a Beraisa say in a case where someone declares ...
  1. ... 'I set P'loni Avdi free' or 'P'loni Avdi has been set free'?
  2. ... 'I will set P'loni Avdi free', according to Rebbi?
(b) Rebbi only makes sense according to Rebbi Yochanan's interpretation of the Beraisa.
What does Rebbi Yochanan say?

(c) Why do the Chachamim disagree with Rebbi? Why do they say 'Lo Kanah'?

(d) In all of these cases an appropriate Kinyan would be more effective than a Sh'tar.
In which case would neither be required?

(a) What does the Tana of another Beraisa say in a case where someone declares ...
  1. ... 'I have given Sadeh P'lonis to so-and-so' or 'Sadeh P'lonis is given to so-and-so'?
  2. ... 'I will give Sadeh P'lonis to so-and-so', according to Rebbi Meir?
(b) The Chachamim argue, as they did in the previous case, and Rebbi Yochanan establishes that Beraisa too, in the case of a Sh'tar.
Why is it not possible to explain Rebbi Yochanan (in both statements) to mean that the transaction was made verbally but that the previous owner becomes obligated to write a Sh'tar?

(c) Why would it be feasible to do so in the case of the Eved according to Rebbi?

(a) What does the Tana of another Beraisa say in the case where someone declares that he ...
  1. ... set P'loni Avdi free, but P'loni Avdo denies it?
  2. ... set him free with a Sh'tar, and he denies it?
(b) What is the basic difference between the two cases?

(c) What does the same Tana say in the case where someone declares that he ...

  1. ... gave Sadeh P'lonis to so-and-so, but so-and-so denies it?
  2. ... wrote it in a Sh'tar and gave it to him?
(d) It seems obvious that in the latter case the original owner continues to eat the Peiros of the field, as Rav Chisda says.
Then why does Rabah say that the fruit is placed in the hands of a trustee (which presumably means that it is sold and the money placed with him) until Mashi'ach comes?
(a) What is an Apotiki?

(b) The Tana of our Mishnah states that strictly speaking, if the master made an Eved an Apotiki and then set him free, the Eved has no obligations. According to Rav, the Tana is referring to the first master setting him free, and he goes free due to a statement by Rava.
What did Rava say about Hekdesh, Chametz and Shichrur?

(c) What is the case of ...

  1. ... Hekdesh?
  2. ... Chametz?
  3. ... Shichrur?
(d) Rava is talking specifically about Kedushas ha'Guf.
What would be the Din in the equivalent case by Kedushas Damim?
Answers to questions

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