Kiddushin - Daf 18
- When an עבד עברי may be sold twice
In a Baraisa listing differences between an עבד עברי and אמה עבריה, it was taught that an אמה cannot be sold twice. The Gemara asks that this implies that an עבד עברי can be sold twice, yet a Baraisa darshens: "בגניבתו" כיון שנמכר פעם אחת שוב אי אתה רשאי למוכרו – for his theft, teaching that once he was sold one time, you cannot sell him again!? Rava answered that he cannot be sold twice for a single theft but can be sold multiple times for multiple thefts. Abaye rejects his distinction, saying that "בגניבתו" connotes even multiple thefts, and he cannot be resold even for multiple thefts (if he stood trial for them at once). Instead, Abaye answers: כאן באדם אחד – Here (the second Baraisa) is where he stole from one person and cannot be resold even for multiple thefts; כאן בשני בני אדם – here (the first Baraisa) is where he stole from two people, and was tried separately for each. He can be sold once for each theft victim. In a Baraisa, the Tanna Kamma says that a thief can be sold twice for one theft if his sale value is half the amount of the theft, but if his value is double the theft, he is not sold at all. Rebbe Eliezer says that in either case, he is not sold; he is only sold when his sale value matches that of the stolen item.
- A father selling or marrying off his daughter after she was previously sold or married off
A Baraisa discusses limitations on the father’s right to sell or marry off his daughter. The Tanna Kamma says: מוכר אדם את בתו לאישות ושונה – A man may sell his daughter for marriage repeatedly, לשפחות ושונה – or sell her for servitude repeatedly, לאישות אחר שפחות – or for marriage after servitude, אבל לא לשפחות אחר אישות – but cannot sell her for servitude after marriage. Rebbe Shimon says: כשם שאין אדם מוכר את בתו לשפחות אחר אישות – Just as a man cannot sell his daughter for servitude after marriage, כך אין אדם מוכר את בתו לשפחות אחר שפחות – so too, he cannot sell her for servitude after servitude. This machlokes hinges upon another, about the Torah saying one cannot sell his daughter "בבגדו בה". Rebbe Akiva interprets it: כיון שפירש טליתו עליה – once [the master] spreads his cloak over her (i.e., marrying her with yiud), שוב אין רשאי למוכרה – [her father] can no longer sell her. Rebbe Eliezer interprets it: כיון שבגד בה – once he has betrayed her by selling her into servitude, שוב אין רשאי למוכרה – he can no longer sell her. The basis for their disagreement is if יש אם למסורת – there is primacy for the tradition of the written form as Rebbe Eliezer maintains, or למקרא – the read form as Rebbe Akiva maintains. Rebbe Shimon holds there is primacy for both forms and therefore makes both derashos, preventing a father from selling her after either selling or marrying her off.
- יעוד נישואין עושה או אירוסין עושה
Rabbah bar Avuha asked: יעוד נישואין עושה או אירוסין עושה – Does yiud effect nisuin, or only erusin? The practical differences are the halachos dependent on nisuin, e.g., if the husband inherits her, can become tamei to bury her (if he is a Kohen), and can be meifir her nedarim. A proof is brought from a Baraisa discussing a widow sold as an אמה. Since she would only be considered a true widow if her father married her off (since she is a minor), how can he sell her altogether, since all agree that she cannot be sold into servitude after marriage!? Rav Yitzchok explained that the Baraisa refers to a widow from yiud, and she was originally sold to servitude, not marriage (the Gemara later explains that although she eventually married, the father did not marry her off). This proves that yiud only effects erusin, because if it effects nisuin, she completely leaves the father’s jurisdiction, and he cannot sell her!? The Gemara attempts to refute the proof but successfully deflects it.
