Soncino English Talmud
Gittin
Daf 39b
Did you actually hear this [from R. Joshua], or do you infer it [from something he said]? — Infer it from what? [he replied]. — From the following statement of R. Joshua b. Levi: 'They put the following question to Rabbi: If a man says, I give up hope of recovering my slave So-and-so, what [is the status of the latter]? Rabbi said to them, In my view he has no remedy save through a deed [of emancipation].' Referring to this R. Johanan said: What was Rabbi's reason? He laid stress on the occurrence of the word 'to her' [in the Scripture] in connection both with a slave and a wife, and drew the lesson that just as a woman requires a document [a Get] [to enable her to marry], so does a slave [who has been declared public property]. Now, [continued R. Zera] I assume that you draw [from Rabbi's statement the inference that] just as the woman [is released (by the deed) from] a ritual prohibition and not a monetary obligation, so the slave [is one who is released from] a ritual prohibition and not [from] a monetary obligation. [R. Jacob replied:] Suppose I have only made an inference, what [difference does it make]? — He replied: On the contrary, you can draw just the opposite inference: Just as the woman can be either a grown-up or a child, so the slave can be either a grown-up or a child. [R. Jacob then] said to him: I heard it distinctly [from R. Joshua b. Levi]. R. Hiyya b. Abba, however, said in the name of R. Johanan that the halachah does not follow Abba Saul. Said R. Zera to R. Hiyya b. Abba: Did you actually hear this [from R. Johanan], or do you infer it [from something you heard]? — Infer it from what? [he said.] — From the following statement of R. Joshua b. Levi: 'The following question was put to Rabbi: If a man says, I give up hope of recovering my slave So-and-so, what [is the status of the latter]? Rabbi said to them: In my view he has no remedy save through a deed of emancipation. Referring to this R. Johanan said: What was Rabbi's reason? He laid stress on the occurrence in the Scripture of the words 'to her' in connection [both with a slave] and with a wife, drawing the lesson that just as a [divorced] wife requires a document [to enable her to marry], so does a slave [who has been declared public property].' Now [continued R. Zera], I assume that you draw from Rabbi's statement the inference that just as the wife may be either grown-up or not grown-up, so the slave may be either grown-up or not grown-up. [R. Hiyya replied:] Suppose I have only made an inference, what [difference does it make]? — He replied: On the contrary, you can draw just the opposite inference: just as the woman is [released from] a ritual prohibition and not a monetary obligation, so the slave is one who is [released from] a ritual prohibition and not a monetary obligation. R. Hiyya then said: I heard it distinctly [from R. Johanan]. The Master said: '[Rabbi] said to them, In my view he has no remedy save through a deed of emancipation.' But has it not been taught: 'Rabbi says, The slave can also offer his own purchase price and so liberate himself, because the treasurer [of the sanctuary] as it were sells him to himself'? — What he meant was this: [A liberated slave can become enabled to marry] either by ransoming himself or by obtaining a deed of emancipation; and in this case the ownership has ceased. Rabbi thus rejects the view of the following Tanna. It has been taught, namely: R. Simeon says in the name of R. Akiba, May we presume that money payment completes her emancipation in the same way as a deed completes her emancipation? [This cannot be,] since it says, and she be not at all redeemed. The keywords of the whole section are because she was not free. This shows that a document completes her emancipation, but not a money payment. Rami b. Hama said in the name of R. Nahman that the halachah [in this matter] follows R. Simeon, and R. Joseph b. Hama said in the name of R. Johanan that the halachah does not follow R. Simeon. R. Nahman b. Isaac once came across Raba b. She'ilta as he was standing at the entrance of the synagogue, and said to him, Does the halachah follow R. Simeon or does it not? — He replied, I say that it does not, but the Rabbis who have come from Mahuza report that R. Zera said in the name of R. Nahman that it does. When I was in Sura I came across R. Hiyya b. Abin and said to him, Tell me now what were the essential facts of the case. He said to me: There was a certain female slave whose master was at the point of death. So she came crying to him and saying, How long am I to go on being a slave? He thereupon took his cap and threw it to her saying, Go and acquire this and acquire yourself with it. The case was brought before R. Nahman and he said, His action was null and void. Those who were present thought that R. Nahman's reason for his decision was that the halachah follows R. Simeon, but this is not correct; his reason was that the man used an article belonging to the transferor. R. Samuel b. Ahithai said in the name of R. Hamnuna the Elder, who said it in the name of R. Isaac b. Ashian who said it in the name of R. Huna who said it in the name of R. Hamnuna: The halachah follows R. Simeon. This, however, is not correct; the halachah does not follow R. Simeon. R. Zera said in the name of R. Hanina who said it in the name of R. Ashi; Rabbi said, If a slave marries a free woman in the presence of his master,
Sefaria
Leviticus 19:20 · Gittin 52a · Leviticus 19:20 · Leviticus 19:21
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