Soncino English Talmud
Gittin
Daf 41a
and say to him 'you are my slave,' his second master is compelled to emancipate him, the slave giving him a bond for his purchase price. R. Simeon b. Gamaliel says that it is not the slave but the one who emancipates him who has to give a bond. In regard to what point do the two authorities join issue? — In regard to the person who injures an object pledged as security to another, one holding that he is liable [to make it good] and the other that he is not liable. It has also been stated [elsewhere]: On the question of the man who injures an object which has been pledged as security to another, we find a difference of opinion between R. Simeon b. Gamaliel and the Rabbis. 'Ulla explains [as follows]: Who emancipates him? His second master. In strict justice the slave is still not liable for the performance of religious precepts [incumbent on free men only]. To prevent abuses, however — since he has been reported to be free — his first master is compelled to liberate him, and he [the servant] gives him a bond for his purchase price. R. Simeon b. Gamaliel says that he does not give the bond, but the one who emancipates him gives the bond. On what point do the two authorities join issue? — On the question of damage which is not recognisable, the one holding [that in the eye of the law] this is genuine damage and the other that it is not. Why did not 'Ulla accept the explanation of Rab? — He will say to you, Can you call the second his master? Why did not Rab adopt the explanation of 'Ulla? — He will say to you, Do you call the second the one who emancipates him? It has been stated: If a man makes a field of his security [for a debt] to another, and it is flooded by a river, Ammi Shapir Na'eh says in the name of R. Johanan that he cannot recover his debt from the remaining property of the debtor. The father of Samuel, however, says that he can recover from the remainder of his property. Said R. Nahman b. Isaac: Because he is Ammi Shapir Na'eh he makes pronouncements which are not commendable. But we must explain his reported ruling to refer to the case where the debtor has said to the creditor: 'You shall not be able to recover save from this'. It has been taught to the same effect: If a man makes a field of his security for a debt to another and it is flooded by a river, [the creditor] may recover from the remainder of his property. If, however, he said to him, 'You shall not be able to recover save from this', he cannot recover from the remainder of his property. Another [Baraitha] taught: If a man makes his field security for a debt to his creditor or for a woman's kethubah, they may recover from the remainder of his property. R. Simeon b. Gamaliel, however, says that [while] a creditor may so recover a woman cannot recover from the remainder, because it is not seemly for a woman to keep on coming to court. MISHNAH. ONE WHO IS HALF A SLAVE AND HALF FREE WORKS FOR HIS MASTER AND FOR HIMSELF ALTERNATE DAYS. THIS WAS THE RULING OF BETH HILLEL. BETH SHAMMAI SAID: YOU HAVE MADE MATTERS RIGHT FOR THE MASTER BUT NOT FOR THE SLAVE. IT IS IMPOSSIBLE FOR HIM TO MARRY A FEMALE SLAVE BECAUSE HE IS ALREADY HALF FREE.