Kiddushin

to [consanguineous] relations.1 But does this not follow a fortiori: If he can sell her to unfit persons,2 shall he not sell her to relations?3 As for selling her to unfit persons, that may be because if he4 wishes to designate her [in spite of the interdict] he can do so;5 shall he then sell her to [consanguineous] relations, seeing that if he wishes to designate her, he cannot? Therefore the Writ saith, ‘to be a bondwoman,’ teaching that he can sell her to relations. And R. Meir?6 — [That he can sell her] to unfit persons he deduces from the same verse from which R. Eliezer deduces it; and in the matter of relations he agrees with the Rabbis, who maintain: He may not sell her to relations. One [Baraitha] taught: He may sell her to his father, but may not sell her to his son. Another [Baraitha] taught: He may sell her neither to his father nor to his son. As for saying: ‘He may sell her neither to his father nor to his son,’ that is well, agreeing with the Rabbis. But ‘he may sell her to his father but may not sell her to his son’ — with whom does this agree; neither with the Rabbis nor with R. Eliezer? — After all, it agrees with the Rabbis: they admit [that he can sell her] where there is a possibility7 of designation.8 Our Rabbis taught: If he come in by himself [be-gapo], he shall go out by himself [be-gappo]9 — he comes in with his [whole] body [be-gufo] and goes out with his [whole] body.10 R. Eliezer b. Jacob said: Having come in single, he goes out single. What is meant by ‘he comes in with his [whole] body and goes out with his [whole] body’? — Said Raba: It means that he is not freed through [the loss of his] outstanding limbs, as a [heathen] slave. Abaye protested: But that is deduced from, ‘she shall not go out as the bondmen do’?11 — If from there, I would have thought, He must pay for his eye, and then he goes free;12 hence we are informed [otherwise]. ‘R. Eliezer b. Jacob said: Having come in single, he goes out single.’ What is meant by ‘he goes out single’? — Said R. Nahman b. Isaac: This is meant: If he has a wife and children [when entering service], his master may give him a heathen13 bondmaid;14 if he has no wife and children, his master may not give him a heathen bondmaid. Our Rabbis taught: If he was sold for a maneh, and appreciated [in value] and stood at two hundred [zuz], how do we know that he is assessed only at a maneh?15 — Because it is written, [He shall give back the price of his redemption] out of the money that he was bought for.16 If he was sold for two hundred and depreciated and stood at a maneh, how do we know that he is assessed only at a maneh? — Because it is written, according unto his years [shall he give back the price of his redemption].17 Now, I know this only of a slave sold to a heathen: since he may be redeemed by his kinsmen, his [the master's] hand is nethermost.18 How do we know it of one who is sold to a Israelite! — Because sakir [an hired servant] is stated twice, for the purpose of a gezerah shawah. 19 Abaye said: Behold I am like Ben ‘Azzai in the streets of Tiberias.20 One of the scholars said to Abaye: Consider: these verses may be interpreted leniently and stringently: why do you choose to interpret them leniently [to the slave's advantage]; let us interpret them stringently?21 — You cannot think so, since the All-Merciful favoured22 him. For it was taught: Because he is well with thee:23 he must be with [i.e., equal to] thee in food and drink, that thou shouldst not eat white bread and he black bread, thou drink old wine and he new wine, thou sleep on a feather bed and he on straw. Hence it was said: Whoever buys a Hebrew slave is like buying a master for himself. Yet perhaps that is only in respect to food and drink, that he should not be grieved, but in the matter of redemption, let us be stringent with him, [as follows] from R. Jose son of R. Hanina. For R. Jose son of R. Hanina said: Come and see how hard are the results24 of [violating the provisions of] the seventh year. A man who trades in seventh year produce must eventually sell his movables, for it is said: In this year of jubilee ye shall return every man unto his possession,25 and in juxtaposition thereto, and if thou sell aught ‘into thy neighbour, or buy of thy neighbour's hand,26 [which refers to] what is acquired from hand to hand.27 If he disregards this,28 he eventually sells his estates, for it is said: If thy brother be waxen poor, and sell some of his possession.29 He has no opportunity [of amending his ways]30 until he sells his house, for it is said: And if a man sell a dwelling house in a walled city.31 (Why state there ‘if he disregards this,’ but here, ‘He has no opportunity’? — In accordance with R. Huna. For R. Huna said: Once a man has committed a transgression and repeated it, it is permitted to him. ‘Permitted to him!’ — can you think so? But say, it becomes to him as permitted.)32 It is not brought home to him33 until he sells his daughter, for it is said, and if a man sell his daughter to be a bondwoman;34 (and though [the sale of] his daughter is not mentioned in this section, yet he teaches us that one should [even] sell his daughter and not borrow on usury. What is the reason? — His daughter makes a deduction and goes free,35 whereas this [his debt] waxes ever larger.)36 it is not brought home to him until he borrows on interest, as it is written, and if thy brother be waxen poor, and his hand fail with thee,37 in proximity to which [is stated,] Take thou no usury of him or increase.38 It is not brought home to him until he sells himself, as it is said, and if thy brother be waxen poor with thee and sells himself unto thee.39 And not even to thee, but to a proselyte, as it is said [and sell him — self] unto the proselyte.40 And not even to a righteous proselyte,41 but to a resident alien,42 as it is said, or to the resident alien.43 The family of a proselyte44 means a heathen. When it is said: To the stock,45 his son. according to the time of an hired servant (sakir) he shall be with him — Ibid. 50. The same word used in both sections denotes that the same law applies to both. Bek. 28a. value. (Sonc. ed.) p. 44: the punishment of transgression is transgression. Having violated the law of the seventh year so often, he ceases to regard it as an offence, and hence has no opportunity of amendment.