Gittin - Daf 41
- A slave who was an אפותיקי for a loan and was subsequently freed
The Mishnah on the previous Daf taught: עבד שעשאו רבו אפותיקי לאחרים – A slave whose master designated him as payment to another in case he would be unable to pay, ושיחררו – and “he” freed him, by rights the slave has no obligations, but for תיקון העולם the master is forced to free him, and the slave pays his value to the master. Rabban Shimon ben Gamliel says the one who freed him pays his value, not the slave. Two interpretations are given: (1) Rav explains that the first master freed him, which is effective and releases the lien from the slave. The slave should owe nothing, but since the creditor may publicly accuse him of being his slave, the Rabbis forced the second “master” to write a גט שחרור, and the slave compensates him. Rabban Shimon ben Gamliel says it is the first master, who freed him, who must pay the creditor the slave’s value, and the Gemara explains they argue במזיק שיעבודו של חבירו – about one who damages his friend’s lien (such as the first master, who released the slave from the lien), if he is obligated to pay damages. (2) Ulla says the second master freed him, which fundamentally is ineffective, and the slave is not a full Jew, but because יצא עליו שם בן חורין – he became known as a free man, the first master is forced to free him, and the Tannaim dispute if it is the slave or creditor who must compensate him.
- Resolving a half-slave, half-free man
The next Mishnah states regarding a slave that belonged to two brothers or two partners, where one of them freed the slave from his share: מי שחציו עבד וחציו בן חורין – One who is half-slave and half-free man, Beis Hillel say: עובד את רבו יום אחד ואת עצמו יום אחד – He works one day for his master, and one day for himself. Beis Shammai object: תקנתם את רבו ואת עצמו לא תקנתם – You have resolved his master’s problem, but you have not resolved his own problem of being unable to marry, since he is forbidden both to a slave woman and a free woman. He cannot abstain, for the passuk says: לא תוהו בראה לשבת יצרה – He did not create [the world] to be desolate; He formed it to be inhabited. Rather, we force the master to free him fully, and the slave pays for his second half. Beis Hillel ultimately retracted to rule like Beis Shammai.
- Machlokes about freeing half of a slave
It was taught in a Baraisa: המשחרר חצי עבדו – One who frees half his slave, Rebbe says he acquires his freed half and becomes a half-slave, but the Chachomim say it is ineffective and he remains a full slave. Rabbah says that all agree that a slave can be partially freed through money, based on a derashah. Their dispute concerns partial freeing through a גט שחרור, whether this method of emancipation is compared to the other (money), or is compared to a get of a woman, which cannot operate partially. Rav Yosef says the machlokes is regarding partial freeing through money. Rebbe holds that "והפדה לא נפדתה" – and redeemed, she was not redeemed, implies: פדויה ואינה פדויה – she is redeemed but not fully redeemed, but the Chachomim say: דברה תורה כלשון בני אדם – the Torah spoke in the language commonly used by men. Based on a Baraisa, Rav Yosef ultimately explains that the Tannaim disagree about partial emancipation both regarding money and regarding a גט שחרור. He is challenged from our Mishnah, which discusses the status of a half-slave, which in his opinion can only occur according to Rebbe. Ravina answers that the Mishnah refers to a slave owned by partners, where one freed his entire share.
