Kiddushin - Daf 14
- The sources for the kinyanim of a yevamah
The Mishnah on Daf 2a taught that a yevamah is acquired through relations and becomes permitted through chalitzah or the death of the yavam. The source for acquiring with relations is: יבמה יבא עליה ולקחה לו לאשה – her yavam will have relations with her and take her as his wife. Still, she cannot be acquired with all three methods of an ordinary wife, because the pasuk says "ויבמה", excluding the others. She becomes permitted to remarry through chalitzah, as the pasuk says: ונקרא שמו בישראל בית חלוץ הנעל – Its name shall be called in Yisroel, “The house of the one with the removed shoe,” teaching that once the shoe is removed, she is permitted to any Yisroel. The yavam’s death permits her, based on a kal vachomer: If a married woman, whose adultery is punishable by death, becomes permitted through her husband’s death, than a yevamah, whose adultery is only a lav, should certainly become permitted with the yavam’s death!? Although a married woman is uniquely permitted with a get, הא נמי יוצאה בחליצה – [a yevamah], too, goes out with chalitzah (which substitutes a get). The Gemara asks that perhaps the husband’s death permits a married woman because he caused the prohibition, and Rav Ashi responds that a yavam, too, causes the yevamah’s prohibition.
- The kinyanim of an עבד עברי, and the source for acquiring with money
The next Mishnah states: עבד עברי נקנה בכסף ובשטר – A Jewish servant is acquired with money and with a document, וקונה עצמו בשנים וביובל ובגרעון כסף – and he acquires himself with the completion of six years, the arrival of Yovel, and paying the deduction of money from the original purchase price (based on time served). An אמה עבריה additionally acquires herself with סימנים – signs of physical maturity. A נרצע, a servant who chooses to stay beyond six years, is acquired with רציעה – boring his ear against a door, and goes free with Yovel and the master’s death. The Torah teaches that an אמה עבריה can be redeemed by deducting time served from her original purchase price. This indicates she was originally purchased with money, proving that an עבד עברי may be acquired with money. Although she can also be married with money, there is a hekesh comparing her to an עבד עברי. Although that pasuk discusses a servant sold by Beis Din, who can be sold against his will, a servant who sells himself willingly can be derived from it, either through a gezeirah shavah (שכיר שכיר), or a “vav” connecting the topics.
- Machlokes if laws of an עבד עברי sold by Beis Din apply to one who sold himself
A Baraisa discusses four distinctions between a servant who sells himself and one sold by Beis Din: (1) המוכר עצמו נמכר לשש ויתר על שש– One who sells himself may be sold for six years or more, מכרוהו ב"ד אינו נמכר אלא לשש – but one sold by Beis Din is only sold for six years. (2) המוכר עצמו אינו נרצע – One who sells himself cannot have his ear bored to remain after completing his term, מכרוהו ב"ד נרצע – but one sold be Beis Din can have his ear bored to remain. (3) One who sells himself does not receive הענקה – gifts given when he leaves, but one who sold by Beis Din does. (4) Finally, the master cannot give a שפחה כנענית to have offspring for the master to one who sells himself, but can to one sold by Beis Din. Rebbe Elazar disputes all these distinctions, saying that both types of servants are only sold for six years, can be נרצע, receive gifts upon leaving, and can be given a שפחה כנענית. dThe Gemara initially suggests they argue if there is a gezeira shavah (שכיר שכיר) connecting the two topics, but then says that each dispute can be explained independently.
