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Previous daf Kidushin 16
KIDUSHIN 16 - This Daf has been dedicated in honor of the Bar Mitzvah of
Moshe Yisrael Turkel, of London England, by Mr. and Mrs. D. Kornfeld.
1) [line 1] OVED KOCHAVIM SHE'YESHNO TACHAS YADECHA - a Nochri under your
jurisdiction (i.e. when the governing power is Jewish)
2) [line 5] "IM ACHERES YIKACH LO" - "If he takes another wife." (Shemos
21:10) - The verse states that if the master or his son (see Mechilta
(Malbim and Torah Temimah), and Ibn Ezra ha'Katzar) marries the Jewish
maidservant and then takes another wife, he may not diminish the
entitlements of the first wife. The Gemara derives from this verse that the
taking of a Jewish maidservant is comparable to the taking of a normal wife.
3) [line 14] "LO SETZEI K'TZEIS HA'AVADIM" - "She shall not go out like the
freedom of [male] servants." (Shemos 21:7)
4) [line 17] CHAZAKAH
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a
formal Halachically-binding act denoting the change in status). The forms of
Ma'aseh Kinyan that may be used are: for Metaltelin (mobile items) - 1.
Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an
item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4.
Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or
the tie lines of a boat; for Mekarka'in (immobile items) - 1. Kesef, i.e.
paying money; 2. Shtar, (a document specifying the sale or gift of the
land -- this Kinyan is only applicable to certain cases -- see Kidushin
26a); 3. Chalipin (lit. barter -- see Background to Kidushin 13:10); 4.
Chazakah, i.e. performing an act that is normally performed by an owner.
(b) Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing
in) and Paratz (making a breach in a fence to create an entrance) or any act
that is done to *enhance* the land, such as digging to improve a field and
the like (MISHNAH Bava Basra 42a).
(c) A normal adult slave, although mobile, is compared to real estate with
regard to the type of Kinyan that is required for his purchase (Kidushin
22b, based on Vayikra 25:46). As such, a slave may be purchased with Kesef
(paying money), Shtar (handing over a contract) or Chazakah (having the
slave perform an act for his intended master that demonstrates their
impending relationship, with the intention of buying him).
(d) Examples of Chazakah for slaves are taking off his master's shoes,
following his master to the bathhouse carrying a change of clothing for him,
undressing his master, washing him, etc. (Kidushin ibid.).
5) [line 17] "V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM [LA'RESHES
ACHUZAH, L'OLAM BAHEM TA'AVODU; UV'ACHEICHEM BENEI YISRAEL, ISH B'ACHIV LO
SIRDEH VO B'FARECH.]" - "And you shall hold onto them as a heritage for your
children after you, [to give to your heirs as a possession; you shall work
with them forever; but your brothers, the people of Yisrael, you shall not
subjugate with hard labor.]" (Vayikra 25:46)
6) [line 20] U'MAH RA'ISA? - but what did you see [that made you interpret
the verses in this manner, and not in the opposite manner? That is, what
made you infer from the verse, "And you shall hold onto them," that only an
Eved Kena'ani is acquired with Chazakah and not an Amah Ivriyah, while you
infer from the verse, "She shall not go out... like [male] servants," that
she is acquired like male servants, i.e. with a Shtar. Perhaps we should
expound the verses in the opposite manner!]
7) [line 23] NICHSEI HA'GER (NICHSEI HA'GER SHE'MES)
(a) When a Jew dies, his closest relatives inherit his estate (according to
the hierarchy established by the Torah as recorded in Bamidbar 27:8-11).
Since all of the Jews are related to each other (at least through Yakov
Avinu and his sons), every Jew must have at least one heir. A convert,
however, may have no heirs (since his non-Jewish relatives do not inherit
his estate). When a convert dies without heirs, his estate becomes Hefker
(ownerless). The first person who takes possession of his belongings becomes
(b) In order to take possession of the estate of a convert who dies without
any heirs, one must make a Ma'aseh Kinyan (a formal Halachically binding act
of possession), as in all cases of taking possession of items that are
Hefker. The forms of Ma'aseh Kinyan that may be used are listed above, entry
8) [line 26] SHE'EINAH YOTZ'AH B'ROSHEI EIVARIM K'EVED (SHEN V'AYIN)
(a) If the owner of an Eved Kena'ani (a non-Jewish slave) hits his slave and
wounds him by taking out the slave's eye or permanent tooth, the slave
becomes entitled to his freedom (Shemos 21:26-27). The owner must
intentionally wound him, but need not intend to wound him specifically in
the eye or tooth (Kidushin 24b).
(b) The same applies if the master dismembers one of the slave's 24 Roshei
Evarim (limb-tips). The 24 Roshei Evarim are the ten fingers, ten toes,
nose, ears and the male Ever (RASHI to Gitin 42b). The Gemara (Kidushin 24a)
adds more limbs for which this Halachah applies.
(c) The requirement to free the slave under such circumstances is considered
a Kenas (a penalty or fine) which is imposed upon the master for unjustly
wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b).
Therefore, if the owner admits that he is guilty of taking out his slave's
tooth or eye, he need not free the slave (Bava Kama ibid.).
(d) The Gemara here teaches that this penalty does not apply to a Jewish
maidservant; she does *not* go free upon incurring such injury.
9) [line 30] "[KI SIKNEH EVED IVRI] SHESH SHANIM YA'AVOD UVA'SHEVI'IS
YEZTZEI LA'CHOFSHI CHINAM." - "[When you acquire a Jewish servant,] he shall
work for six years and in the seventh he shall go free without having to
pay." (Shemos 21:2)
10) [line 32] "V'HEFDAH" - "He shall let her be redeemed." (Shemos 21:8) -
The use of the word "v'Hefdah," involving the master in her redemption, and
not the word "v'Nifdis" ("and she shall be redeemed"), implies that he must
play a role in her redemption by subtracting the amount of money for the
years that she has served him.
11) [line 35, 36] MI'KESEF MIKNASO / YASHIV GE'ULASO
(a) The verses state "[v'Chishav Im Konehu mi'Shenas Himachro Lo Ad Shenas
ha'Yovel; v'Hayah Kesef Mimkaro b'Mispar Shanim, k'Ymei Sachir Yiheyeh Imo.
Im Od Rabos ba'Shanim, Lefihen] Yashiv Ge'ulaso mi'Kesef Miknaso." - "[And
he shall reckon with him (the master) who bought him (the slave) from the
year that he was sold to him to the year of Yovel; and the price of his sale
shall be according to the number of years, according to the time of a hired
servant shall it be with him. If there are yet many years, according to
them] he shall return the price of his redemption out of the money for which
he was bought." (Vayikra 25:50-51)
(b) The words "mi'Kesef Miknaso" ("out of the money for which he was
bought") teach that the Eved Ivri can give money in order to procure his
(c) The words "Yashiv Ge'ulaso" ("he shall return the price of his
redemption") teach that the Eved Ivri can give items that have value (are
worth money, "Shaveh Kesef"), just like he may give money, in order to
procure his freedom. This is derived from the extra word "Yashiv" ("he shall
return") (see RASHI 8a, DH Yashiv).
12) [line 38] A'DAMEI - for his value
13) [line 53] DAVAR SHE'YESH LO KITZVAH - a thing that has a set limit
14) [line 2] SHUMA - mole (the hairs that grow as a result of a mole)
15) [line 3] V'ODAN BO - and they are still on him
16) [line 28] KAL VA'CHOMER PERICHA HI - it is a Kal va'Chomer that has a
17) [line 31] ENEK - gift (specifically, the gifts that the master must give
his Eved or Amah upon the servant's freedom)
18) [line 43] "YUD" KARAS - (a) A small letter "Yud" has been made into a
large city (i.e. the Tana made the Beraisa larger unnecessarily by adding
that the male servant receives his own gifts) (RASHI); (b) "Yudkeras" is the
name of a place, as we find in Ta'anis 23b (GA'ON, as cited by the Mesores
ha'Shas; according to Rabeinu Chananel (cited by the Shitah Lo Noda l'Mi),
Rav Yosef here is exclaiming that the Gemara's question is the type of
question asked by Rebbi Yosi of Yudkeras, or, alternatively, it was he who
asked this question. See Ritva who explains that "Yudkeras" refers to a
person who asked particularly difficult questions).
19) [line 44] TUTA'I - the name of a Tana
20) [line 52] "[...UVA'SHANAH HA'SHEVI'IS] TESHALCHENU [CHOFSHI ME'IMACH.]
V'CHI SESHALCHENU [CHOFSHI ME'IMACH LO SESHALCHENU REIKAM]." - "[...and in
the seventh year] you shall send him [free from you.] And when you send him
[free from you, do not send him empty-handed.]" (Devarim 15:12-13)