Soncino English Talmud
Kiddushin
Daf 16b
below.1 For ii was taught: If a male, aged nine years, grew two hairs,2 it is a mole;3 from nine years and a day until twelve years and a day, remaining in him,4 they are a mole. R. Jose son of R. Judah said: They are a ‘sign’.5 At thirteen years and one day, all admit that they are a ‘sign’. 6 R. Shesheth objected: R. Simeon said: Four are presented with gifts [on becoming free], three in the case of a man, and three in the case of a woman. And you cannot say four in the case of either, because ‘signs’ do not apply to a man, nor boring to a woman.7 Now if this8 be correct, the father's death should also be taught? And if you answer: Here too he teaches [some] and omits [others] — but he states ‘four’?9 And if you answer: He teaches [only] that which is fixed, but not that which is not fixed — but what of ‘signs’, which are not fixed and which he nevertheless teaches? And if you reply: Here too it is as R. Safra — but there is the master's death, which is likewise not fixed, and yet taught? — The master's death too is not taught. Then what are the four? — [i] Years, [ii] jubilee,10 [iii] jubilee for him whose ear was bored, and [iv] a Hebrew bondmaid [freed] by ‘signs’. Reason too supports this view. For the second part teaches: ‘And you cannot say four in the case of either, because "signs" do not apply to a man, nor boring to a woman. Now if it be so,11 then in the case of a woman at least four may be found.12 This proves it. R. ‘Amram objected: Now, the following are furnished with gifts: He who is freed by [six] years, by jubilee, and by his master's death, and a Hebrew bondsmaid [freed] by ‘signs’. But if this be correct, the father's death too should be taught. And should you answer: He teaches and leaves over-but he states ‘the following’?13 And should you reply: He teaches that which is fixed, but not that which is not fixed — but what of ‘signs’, which are not fixed, and which he nevertheless teaches? And should you answer: Here too, it is as R. Safra — but there is the master's death! This refutation of Resh Lakish is indeed a refutation. But Resh Lakish reasoned a minori! — It is an a minori which can be refuted. For one can refute it [thus]: as for ‘signs’, that is because there is a physical change [in her];14 will you say [the same] of her father's death, seeing that there is no physical change?15 One [Baraitha] taught: The outfit of a Hebrew male slave16 belongs to himself, and that of a Hebrew female slave to herself. While another [Baraitha] taught: the outfit of a Hebrew female slave, and her findings, belong to her father, and the master can claim only for loss of time.17 Now surely one [Baraitha] refers to where she was liberated by ‘signs’,18 while the other means that she was liberated by her father's death?19 — No: both [Baraithas] refer to liberation by ‘signs’, yet there is no difficulty. In the one case she has a father, in the other she has not. Now, as for [teaching,] ‘The outfit of a female slave belongs to herself,’ that is well, [for] it is to exclude her brothers,20 For it was taught: And ye shall make them [the heathen slaves] an inheritance for your sons after you21 — ‘them’ for your sons, but not your daughters for your sons. Hence we learn that one cannot transmit his rights in his daughters to his sons. But as for ‘the outfit of a male slave belongs to himself — that is obvious! to whom else should it belong? — Said R. Joseph: I see here a yod [turned into a] town.22 Abaye said: Thus did R. Shesheth say: Who is the authority for this? Totai. For it was taught: Totai said: [Thou shalt furnish] him [liberally]23 — him, but not his creditor.24 [To turn to] the main text [above:] ‘Now, the following are furnished with gifts: — He who is freed by years, jubilee, and his master's death, and a Hebrew bondmaid [freed] by "signs". But no gift is made to a runaway, or him who is freed by a deduction from his purchase price. R. Meir said: No gift is made to a runaway; but he who is freed by a deduction from the purchase price is furnished with a gift. R. Simeon said: Four are presented with gifts, three in the case of a man, and three in the case of a woman. And you cannot say four in the case of either, because "signs" do not apply to a man, nor boring to a woman’. How do we know this? — For our Rabbis taught: I might think that only he who is freed by six [years] is furnished with a gift; how do I know to include one who is freed by jubilee or by his master's death, and a Hebrew bondmaid [freed] by signs? From the verses, thou shalt let hint go free from thee. And when thou lettest him go free from thee.25 [Again] I might think that I include a runaway and one who goes out through a deduction from the purchase price — therefore it is stated: ‘and when thou lettest hint go free from thee,’ teaching, only he whose dismissal is from thee,26 thus excluding a runaway and one who is freed by deduction from the purchase price, whose dismissal is not from thee.27 R. Meir said: A runaway is not furnished with a gift, since his dismissal is not from thee: but one who is freed by deduction from the purchase price, whose dismissal is from thee,28 [is presented with a gift]. A runaway? But he must complete [his term]?29 For it was taught: How do we know that a runaway is bound to complete [his term]? From the verse, six years he shall serve.30 whose ear was bored, freed by his master's death; and (iv) a Hebrew bondmaid freed by ‘signs.’ brothers. swelled his Baraitha by the inclusion of superfluous matter.
Sefaria