Soncino English Talmud
Gittin
Daf 38a
but they cannot acquire from you nor can they acquire from one another. Shall I then say that they cannot acquire one another? [What do you mean by saying,] Shall I say that they cannot acquire one another? Have you not just said that they cannot acquire from one another? — What it means is this: They cannot acquire [slaves] from one another as far as their person is concerned. Shall I say also that they cannot acquire them for [their] labour? You may conclude [that this is not so] by an argument a fortiori. A heathen may acquire an Israelite [for his labour]; surely then all the more so another heathen. But may I not say that such acquisition can only be by purchase, but not by hazakah? — R. Papa said: The territory of Ammon and Moab became purified [for acquisition by the Israelites] through [the occupation of] Sihon. We have satisfied ourselves that a heathen [can acquire] a heathen [by act of possession]. How do we know that a heathen [can acquire] an Israelite [in the same way]? — From the text, And he took some of them captive. R. Shaman b. Abba said in the name of R. Johanan: A slave who escapes from prison becomes a free man, and what is more, his master may be compelled to make out a deed of emancipation for him. We have learnt: RABBAN SIMEON B. GAMALIEL SAYS, IN EITHER CASE HE RETURNS TO SLAVERY, and Rabbah b. Bar Hanah has stated in the name of R. Johanan that wherever Rabban Simeon b. Gamaliel records a statement in our Mishnah, the halachah is in accordance with him, except in the matters of the surety, of Sidon, and the latter proof. Now on the view of Abaye [that the Mishnah speaks of the case where the master has not yet given up hope of recovering], there is no conflict [between the two statements of R. Johanan], since he makes the latter refer to [the period] before [the master has] given up hope and the former [to the period] after he has given up hope. But on the view of Raba that [the latter also] refers to [the period] after [the master] has given up hope, there is a conflict, is there not, between the two statements of R. Johanan? — Raba can reply: What is R. Simeon's reason? The statement of Hezekiah [that the slave may give himself up to raiders]. But this does not apply to one who escapes; seeing that he risks his life [to do so], is it likely that he will throw himself into the hands of raiders? A female slave of Mar Samuel was carried off [by raiders]. Some [Israelites] ransomed her as a slave and sent her to him, along with a message saying, We hold with Rabban Simeon b. Gamaliel, but even if you hold with the Rabbis [you may accept her], because we have ransomed her as a slave. They thought that he had not yet given up hope [of recovering her], but this was not correct, as he had given up hope [of recovering her], and Samuel not only refrained from making her a slave again but he did not even require her to obtain a deed of emancipation. In this he followed his own maxim that 'if a man declares his slave common property, he becomes a free man and does not require a deed of emancipation, since it says, Every man's servant that is bought for money.' Does this mean the servant of a man and not of a woman? No; it means that a slave over whom his master still has control is called a slave, but a slave over whom his master has no control is not called a slave. A female slave of R. Abba b. Zutra was carried off by raiders. A certain [heathen] from Tarmud ransomed her in order to marry her. They sent a message to him [R. Abba] saying, If you wish to act well, send her a deed of emancipation. What was the point of this message? If they were able to redeem her, why did they want a deed of emancipation? If they were not able to ransom her, of what good would a deed of emancipation be? — The fact was that it was possible to ransom her, and if he sent them a deed of emancipation, they would club together and [find the money] to ransom her. Or if you like I can say that they were not [at first] able to ransom her, but if the master would send her a deed of emancipation she would go down in the esteem of the heathen and he would consent to her ransom. But has not a Master said that the heathen like the cattle of Israel better than their [own] wives? — This is their real sentiment, but they think it beneath their dignity to show it. There was a certain female slave in Pumbeditha who was used by men for immoral purposes — Abaye said: Were it not that Rab Judah has said in the name of Samuel that whoever emancipates his [heathen] slave breaks a positive precept, I would compel her master to make out a deed of emancipation for her. Rabina said; In such a case, Rab Judah would agree [that this is proper], in order to check immorality. And would not Abaye [act in the same way] to prevent immorality, seeing that R. Hanina b. Kattina has reported in the name of R. Isaac that the master of a certain woman who was half slave and half free
Sefaria
Nazir 61b · Leviticus 25:47 · Leviticus 25:51 · Gittin 82a · Numbers 21:1 · Ketubot 77a · Gittin 75a · Sanhedrin 31a · Kiddushin 72b · Yevamot 48a · Leviticus 25:46 · Gittin 43b · Yevamot 66a
Mesoret HaShas
Kiddushin 72b · Yevamot 48a · Gittin 43b · Yevamot 66a · Ketubot 77a · Gittin 75a · Sanhedrin 31a