Kiddushin - Daf 15
- Explanation of machlokes if an עבד עברי who sold himself is not given הענקה
A Baraisa on the previous Daf listed a machlokes about several differences between an עבד עברי who sold himself, and one sold by Beis Din. Here, the Gemara explains the opinion that one who sold himself does not receive הענקה, gifts when he goes free. The passuk says about one sold by Beis Din: הענק תעניק לו – You shall surely give him gifts, לו ולא למוכר עצמו –teaching that they are only given to him, and not to one who sells himself. The Gemara asks what the other Tanna darshens from the word "לו". It cannot exclude the heirs from inheriting the gifts if he dies before receiving it, because the Torah calls him a "שכיר" – hired worker, indicating that his heirs should inherit his gifts, as a worker’s heirs inherit his wages. The Gemara explains it excludes a בעל חוב – creditor from collecting the gifts, for one would think the creditor can collect them, based on Rebbe Nosson’s principle that if one is owed money from a second person, and that person is owed from a third person, שמוציאין מזה ונותנין לזה – we take the money from this last person and give it to this first person. The first opinion does not need to exclude a בעל חוב, because he does not agree with Rebbe Nosson’s principle.
- Sources for all three cases of עבד עברי to go free in Yovel: מוכר עצמו, מכרוהו בי"ד, ונרצע
Rebbe Eliezar ben Yakov requires three pesukim to teach that each type of עבד עברי (one who sold himself, one sold by Beis Din, and a נרצע) goes free in Yovel. Although he may hold of the gezeirah shavah (שכיר שכיר) comparing the two types of sales, a passuk is still needed for one sold by Beis Din, for one could argue: מכרוהו ב"ד דעבד איסורא – one sold by Beis Din, who transgressed a prohibition of stealing, אימא ניקנסיה – I would say we penalize him not to go free in Yovel. The passuk teaches otherwise. A third passuk is required to teach that a נרצע also goes free in Yovel, because one could say that one sold by Beis Din goes free at Yovel, because his time to leave has not yet arrived, אבל נרצע דמטאי זמניה – but a nirtza, whose time to leave already came, yet he opted to remain a servant, אימא נקנסיה – I would say we penalize him not to go free at Yovel. If only נרצע was written, one could say he goes free in Yovel because he already served six years, but one sold by Beis Din, who has not yet served his term, would not go free early in Yovel.
- Machlokes if a Jewish slave of an idolator goes free when redeemed by relatives or others
A Baraisa records a machlokes about the passuk: לא יגאל באלה – If the Jewish slave of an idolator was not redeemed by these (relatives), then he goes free in Yovel. Rebbe Yose Haglili says: באלה לשחרור – when he is redeemd by these relatives, he goes to freedom. בשאר כל אדם לשעבוד – but if he is redeemed by any other person, he goes to servitude for that person. Rebbe Akiva holds the reverse, that if others redeem him, he goes free, but if relatives redeem him, he must serve them. The Gemara initially explains that they argue how to read the passuk, but ultimately says the basis for their argument is a logical one. Rebbe Yose Haglili holds it is logical that he should serve “others” who redeem him, because if he would go free, הוו מימנעי ולא פרקי ליה – they would hold back and not redeem him. Rebbe Akiva holds it is logical that he should serve relatives who redeem him, because otherwise, כל יומא ויומא אזל ומזבין נפשיה – every day he would go and sell himself to idolators, knowing his relatives will free him.
