Gittin - Daf 43
- עבד שמכרו רבו לקנס
At the end of the previous Daf, a question was asked: עבד שמכרו רבו לקנס – A slave whom the master sold only for rights to the kenas (which would be paid if he is killed by someone’s animal), is this sale valid? This question is expressed in the context of a machlokes Tannaim about transferring items which do not yet exist: Although Rebbe Meir holds אדם מקנה דבר שלא בא לעולם – a person can transfer that which does not yet exist, this may only be in a case such as פירות דקל דעבידי דאתו – fruit of a palm tree, which normally come, and therefore can be sold before they grow. But regarding a slave’s kenas, he may never be gored to death, and even if he is, the owner can avoid paying by admitting fault. The Gemara continues that the inquiry is relevant according to the Rabbonon who hold, אין אדם מקנה דבר שלא בא לעולם - one cannot transfer items before they exist. This may only be in a case such as selling fruit of a palm tree דהשתא מיהא ליתנהו – because now [the produce] does not exist, whereas here, הא קאי שור והא קאי עבד – the ox which will kill the slave exists, and the slave exists.
- A half-slave who marries a free woman
The Gemara asks: מי שחציו עבד וחציו בן חורין שקידש בת חורין מהו – One who is a half-slave and half-free man who was mekadesh a free woman, what is the halachah (i.e., is the marriage effective for his free half)? The question is explained: Even if we say about a free Yisroel who said to a free woman, "התקדשי לחציי" – Be married to half of me, that the marriage is valid, that may be דחזיא לכוליה – because she is fit for all of him (a full marriage), but perhaps a half-slave, who is incapable of a full marriage, cannot perform a half-marriage either. On the other hand, even if we say that kiddushin of a free man who says, “Be married to half of me” is not valid, that may be דשייר בקנינו – because he left out part of his acquisition by not making complete kiddushin, but with a half-slave, whose entire “freed half” is marrying her, the kiddushin could be effective. Regarding a half-slavewoman, Rava said that just as marrying half a woman is ineffective, so too if a Yisroel marries a half-slavewoman, the marriage is ineffective. Rabbah bar Rav Huna initially held the same but was convinced that this case is different because he did not leave out any freed part from the marriage.
- A half-slavewoman who marries someone, becomes fully freed, and marries someone else
The Gemara says: חציה שפחה וחציה בת חורין שנתקדשה לראובן - A half-slavewoman and half-free woman who married Reuven, ונשתחררה וחזרה ונתקדשה לשמעון – and then became fully freed, and married Shimon (someone unrelated), Rav Yosef bar Chama says: פקעו קדושי ראשון – the kiddushin of the first one is nullified. Rashi explains that a freed slave, like a convert, is כקטן שנולד – like a newly born child, so her prior kiddushin is null; hence, she is married to Shimon. Rav Nachman says: גמרו קדושי ראשון – the first one’s kiddushin become completed through her freedom, such that her second half becomes automatically married to Reuven as well, and Shimon’s kiddushin is invalid.
