Gittin - Daf 45
- A slave who runs away from his master in Chutz La’aretz to Eretz Yisroel: "לא תסגיר עבד אל אדוניו"
The Gemara relates an incident where a slave once fled from his master, who lived in Chutz La’aretz, to Eretz Yisroel. When the master came to bring him back, Rebbe Ami told him to free him and the slave would pay his value, because he could not force him to leave Eretz Yisroel. This is based on a derashah of Rebbe Achi bar Rebbe Yoshiyah: the passuk says "לא תסגיר עבד אל אדוניו אשר ינצל אליך מעם אדוניו" – You shall not hand over a slave to his master, a slave who escapes to you from his master. After a Baraisa relates two Tannaim’s interpretations, Rebbe Achi bar Rebbe Yoshiyah explains: בעבד שברח מחו"ל לארץ הכתוב מדבר – the passuk is discussing a slave who fled from Chutz La’aretz to Eretz Yisroel, teaching not to return that slave to his master in Chutz La’aretz. Another Baraisa records Rebbe’s interpretation: בלוקח עבד ע"מ לשחררו הכתוב מדבר – the passuk speaks of one who purchases a slave on condition to free him and commands the buyer not to enslave him. The case is explained: דכתב ליה הכי לכשאקחך הרי עצמך קנוי לך מעכשיו – that [the buyer] wrote to him, “When I buy you, you are acquired to yourself from now.”
- Ransoming captives or helping them escape, and the story of Rav Illish and Rav Nachman’s daughters
The next Mishnah states: אין פודין את השבויין יתר על כדי דמיהן – One cannot ransom captives for more than their value, מפני תיקון העולם – for societal benefit (either to avoid the financial burden on the community, or not to encourage them to take more captives). One also may not help the captives escape. The Gemara relates a story about escaped captives: Rav Nachman’s daughters would stir boiling pots with their hands without being burned. Rav Illish was puzzled by their behavior, assuming that they must be righteous, but the passuk in Koheles says he could not find a righteous woman, even one in a thousand. He and they were later captured. He heard a raven call out to him, and a man who understood birds’ language interpreted it as saying, עיליש ברח, עיליש ברח – Illish, flee! Illish, flee! Rav Illish did not trust the raven, but when he was told the same by a dove, to which Klal Yisroel is compared, he recognized it as a sign that he could escape miraculously. He went to check on Rav Nachman’s daughters and heard them saying they preferred their captors as husbands over their previous husbands. After miraculously escaping, he concluded that their ability to stir boiling pots with their hands was through sorcery.
- A Sefer Torah written by an idolator or found in his possession
The next Mishnah states: ואין לוקחין ספרים תפילין ומזוזות מן העובדי כוכבים יותר על כדי דמיהן - One may not buy sifrei ]Torah[, tefillin, or mezuzos from idolators for more than their value, מפני תיקון העולם – for societal benefit (for either of the reasons given above). The Gemara infers that one may ransom them for their value, implying that they may be read from, but answers that it may mean to ransom them to put them away (since their status is unknown). Regarding a sefer Torah of an idolator, Rav Nachman says we have a tradition that if an idolator wrote a sefer Torah, it is put away (as explained below). If a Torah is found in his possession, some say it should be put away, but some say קורין בו – we may read from it, because of a ספק ספיקא – a double safek, (a Jew may have written it, and even the idolator may have written it properly). Three opinions of Tannaim are quoted about a sefer Torah written by an idolator: (1) It must be burned, because he holds that the assumed intent of an idolator is for idolatry. (2) It must be put away, because he holds an idolator is not eligible to write a sefer Torah. (3) It is fit for use.
