Kiddushin

this refers to a heathen who is under your rule.1 Yet perhaps it is not so, the reference being to a heathen who is not under your rule? — You can answer; [if so,] what can be done to him?2 Hence Scripture speaks only of a heathen who is under your rule. AND BY DEED. Whence do we know it? — Said ‘Ulla, Scripture saith, If he take him another [wife]:3 thus the Writ assimilated her [the Hebrew bondmaid] to another [wife]: just as the other [sc. the wife] is acquired by deed, so is a Hebrew maidservant acquired by deed. Now, that is well on the view that the deed of a Hebrew bondmaid is written by her master;4 but on the view that her father writes it, what can be said? For it has been stated: As to the deed of a Hebrew bondmaid, who writes it? R. Huna maintained: The master writes it; R. Hisda said: Her father writes it. [Hence] it is well according to R. Huna; but on R. Hisda's view, what can be said? — R. Aha b. Jacob answered: Scripture saith, she shall not go out as the menservants do:5 [implying,] but she may be acquired as [heathen] menservants are;6 and what is that? By deed. Then say: but she may be acquired as [heathen] menservants are, and what is that? Hazakah!7 — Scripture saith, And ye shall make them [the heathen slaves] an inheritance for your children after you:8 only they [are acquired] by hazakah, but not another.9 Then say: Only they [are acquired] by deed, but not another? — But it is written, she shall not go out as menservants do.10 And why do you prefer it so?11 — It is logical that ‘deed’ is included [as a means of acquisition], since it divorces an Israelite daughter.12 On the contrary, one should rather include hazakah, since it acquires the property of a proselyte?13 — Still we do not find it in marriage relationship.14 Alternatively, if ‘he take another’ serves that very purpose.15 And R. Huna: how does he expound this [verse,] She shall not go out as the menservants do?16 — He employs that as intimating that she does not go out [free] through [the loss of her] outstanding limbs, as a [heathen] slave.17 And R. Hisda?18 — If so, Scripture should have written: ‘she shall not go out as menservants’; why, as the going out of menservants?19 That both may be inferred.20 AND ACQUIRES HIMSELF BY YEARS. For it is written, six years he shall serve: and in the seventh he shall go out free for nothing.21 AND BY JUBILEE. For it is written, he shall serve with thee unto the year of jubilee.22 AND BY DEDUCTION FROM THE PURCHASE PRICE. Hezekiah said: Because Scripture saith, Then shall he let her be redeemed:23 this teaches that she makes a deduction from her redemption money and goes out [free].24 A Tanna taught: And he may acquire himself by money, its equivalent, and by deed. Now, as for money, ‘tis well, for it is written, [he shall give back the price of his redemption] out of the money he was bought for.25 As for its equivalent too — Scripture wrote, ‘he shall give back the price of his redemption,’ to include the equivalent of money as being equal to money.26 But this deed, how is it meant? Shall we say that he [the slave] indites a bond for the [redemption] money? Then it is money! But if it is [a deed of] manumission, why is a deed necessary? Let him say to him in the presence of two, or in the presence of a Beth din, ‘Go’? — Said Raba: This proves that a Hebrew slave belongs bodily [to his master]:27 hence if the master remits his deduction,28 the deduction is not remitted.29 A HEBREW MAIDSERVANT IS MORE [PRIVILEGED] THAN HE. Resh Lakish said: A Hebrew bondmaid is freed30 from her master's authority by her father's death, a minori: if signs,31 which do not free her from her father's authority, free her from the authority of her master;32 then how much the more death, which frees her from her father's authority, should free33 her from her master's authority! R. Hoshea raised an objection: A HEBREW MAIDSERVANT IS MORE [PRIVILEGED] THAN HE, IN THAT SHE ACQUIRES HERSELF BY ‘SIGNS’; but if this [Resh Lakish's dictum] be so, let her father's death also be stated? — He [the Tanna] teaches [some ways,] and omits34 [others]. But what else does he omit, that he omits this?35 — He omits her master's death.36 If it is on account of her master's death37 — that is no omission; since that applies to a male [slave] too, it is not taught. Then let it be taught!38 — That which may be fixed is taught;39 that which can not be fixed is not taught. But ‘SIGNS’, which are not fixed,40 are nevertheless taught? — Said R. Safra: They are not fixed above, yet are fixed 26f). Hebrew slaves, however, are not freed, but merely compensated. heathen slaves are transmitted and acquired like land, viz. , by hazakah. deed, but not another, while Ex. XXI, 7 intimates, she shall not go out . . . but may he acquired as menservants, viz., by hazakah? also have said: Because it brings a Jewish daughter into the married state, which is more appropriate, both then referring to acquisition, but a ‘deed’ is explicitly stated in connection with divorce. A proselyte who dies without Jewish issue has no legal heirs and his property after death falls to the first occupier by means of hazakah. ‘another’. be acquired as they are. Adreth, Kiddushin, a.l.] give him a deed. ascertainable.