Kiddushin - Daf 22
- How a master should treat his slave – “כי טוב לו עמך"
A Baraisa teaches that if either the servant or the master does not have a wife and children, he cannot be nirtza, based on pesukim. If the master does not love him, he is not nirtza, because the passuk says: "כי טוב לו עמך" – for it was good for him with you, implying the master is pleased with him. If he does not love his master, he is not nirtza, because the passuk describes him as loving his master. Finally, if one of them is ill, he is not nirtza (based on pesukim). A Baraisa teaches: the passuk says "כי טוב לו עמך" – for it was good for him with you, teaching עמך במאכל עמך במשתה – he should be with you in food, and with you in drink. You should not eat bread of fine flour while he eats bread of poor quality, you should not drink aged wine while he drinks (inferior) new wine, and you should not sleep on a mattress while he sleeps on straw. Based on this it was said: כל הקונה עבד עברי כקונה אדון לעצמו – Anyone who acquires a servant, is as if he acquired a master for himself.
- Why the ear of the עבד עברי is pierced, and why by a doorpost
In a Baraisa, Rebbe Yochanan ben Zakkai darshened the following passuk כמין חומר – like a packet of pearls or spices: why was the ear specifically chosen to be pierced? אמר הקדוש ברוך הוא – Hashem said, אזן ששמעה קולי על הר סיני – The ear which heard My voice on Har Sinai, בשעה שאמרתי "כי לי בני ישראל עבדים" – at the time when I said, “for to Me, Bnei Yisroel are servants,” ולא עבדים לעבדים – and not servants of other servants, והלך זה וקנה אדון לעצמו – yet this one went and acquired a master for himself? ירצע – Let [the ear] be pierced! Rebbe Shimon bar Rebbe darshened a different passuk “like a packet”: why is the ear pierced specifically by the door and doorpost? אמר הקדוש ברוך הוא – Hashem said, דלת ומזוזה שהיו עדים במצרים – the door and doorpost, which were witnesses in Mitzrayim, בשעה שפסחתי על המשקוף ועל שתי המזוזות – when I skipped over the lintel and two doorposts of Jewish homes, ואמרתי כי לי בני ישראל עבדים – and I said, “For to Me, Bnei Yisroel are servants,” ולא עבדים לעבדים – and not servants of other servants, והוצאתים מעבדות לחירות – and I took them out from slavery to freedom, והלך זה וקנה אדון לעצמו – yet this one went and acquired a master for himself, ירצע בפניהם – [his ear] should be pierced before them!
- Methods to acquire an עבד כנעני - Rebbe Shimon: לא תהא חזקה גדולה מהגבהה
The next Mishnah states: עבד כנעני נקנה בכסף ובשטר ובחזקה – An עבד כנעני may be acquired with money, a document, or chazakah (an act demonstrating ownership). A Baraisa adds that he may be acquired with חליפין, and Shmuel says he may be acquired with משיכה – drawing him near. Still, calling the slave to come to him is not valid משיכה. Although it is valid משיכה of an animal, the Gemara explains: בהמה אדעתא דמרה אזלה – an animal walks according to the owner’s will and is considered to be “moved” by the owner’s command, whereas עבד אדעתיה דנפשיה קאזיל – a slave walks by his own will to follow the command, not the master’s. Based on this, Rav Ashi said that a slave who is a minor can be acquired by calling it, since he has not developed independent thought. A Baraisa lists examples of חזקה, such as dressing or undressing him, or even lifting him. However, this Tanna holds that if he lifts the slave, he does not acquire him. Rebbe Shimon argues: לא תהא חזקה גדולה מהגבהה – chazakah should not be better for acquiring anything than lifting it, שהגבהה קונה בכל מקום – for lifting acquires in every place and can acquire slaves as well.
