Kiddushin - Daf 17
- Machlokes how much is given to an עבד עברי for הענקה
Tannaim discuss how much an עבד עברי receives for הענקה. Three opinions are offered: (1) Rebbe Meir says: חמש סלעים מכל מין ומין – Five selaim from each type mentioned in the passuk (flock, granary, and wine), שהן חמש עשרה סלעים – which totals fifteen selaim. He mentions the total to clarify that five selaim of each type are not required, so long as the total amount is fifteen selaim. (2) Rebbe Yehudah says: שלשים כשלשים של עבד – thirty [selaim], like the thirty given to the master of a Canaanite slave killed by an animal. (3) Rebbe Shimon says: חמשים כחמשים שבערכין – fifty [selaim], like the fifty paid for the highest erech pledge. Rebbe Meir derives the amount from a gezeirah shavah from the five selaim given to a Kohen for a bechor, and applies it to each variety (rather than the total) because the word ("ריקם") – empty, appears in the passuk before the three varieties. Rebbe Yehudah has a gezeirah shavah from the thirty selaim of an עבד כנעני (the Gemara explains why he did not compare it instead to ערכין), and Rebbe Shimon has a gezeirah shavah from ערכין.
- Which kinds of servants must serve the master’s sons
It was taught in a Baraisa: עבד עברי עובד את הבן ואינו עובד את הבת – An עבד עברי serves the master’s son, but not the daughter (if there is no son). An אמה עבריה, a נרצע and one sold to an idolater do not even serve their masters’ sons. Concerning the first law, a Baraisa darshens a passuk: ועבדך שש שנים – and he shall serve you six years, implying לך ולא ליורש – he shall serve you (the master), but not the heir of the master, referring to a brother or daughter. Nevertheless, he serves the son, because the passuk says: שש שנים יעבד – he shall serve six years (without specifying “you”). The Gemara explains that a son is presumed to be a more direct substitute of the father than a brother, because a son stands in his father’s place for יעוד (to marry his father’s אמה עבריה), and for שדה אחוזה – he can redeem ancestral land the father was makdish before Yovel such that it will not transfer to Kohanim at Yovel. Although a brother stands in his deceased brother’s place for yibum, the Gemara responds: כלום יש יבום אלא במקום שאין בן – is there any yibum except where there is no son? הא יש בן אין יבום – When there is a son, there is no yibum!
- An idolater or ger inheriting his father
Rava said: דבר תורה עובד כוכבים יורש את אביו – Biblically, an idolater inherits his father, as the passuk says: וחשב עם קונהו – he shall calculate with his gentile purchaser, which teaches ולא עם יורשי קונהו – but not with his purchaser’s heirs (i.e., a Jewish slave of an idolater is not inherited), which implies that ordinarily, they do inherit his possessions [Rebbe Yochanan provides a different source on the next Daf]. A ger does not inherit his father Biblically (because he is not halachically related to him) but inherits him Rabbinically. This is seen from a Mishnah discussing a ger and idolater (who are brothers) who inherit their father’s possessions, and among them are idols or other goods which are prohibited in benefit. The ger can offer the idolater to take all the idols, and he will take money, etc. instead. He cannot make this exchange after the idols come into his domain. This proves that a ger does not inherit his father Biblically, because otherwise he could not offer the above exchange, trading idols he legally owns for other goods!? Rather, he only inherits Rabbinically, שמא יחזור לסורו – lest he return to his former ways to receive the inheritance. A ger is not inherited at all by his son who is either an idolater or a ger.
