Kiddushin - Daf 23
- Three opinions re: freeing a slave with money or a שטר, through himself or another
In the Mishnah on Daf 22b, Rebbe Meir had taught that a slave is freed with money provided by someone else, or a שטר given to him, and the Chachomim seem to say the reverse. The Gemara ultimately explains that there are three opinions: Rebbe Meir holds that although the slave cannot own money (and cannot redeem himself), someone else can redeem the slave with money, even against his will. Abaye explains: הואיל וקני ליה בעל כורחיה מקני ליה בעל כורחיה – Since money can buy him against his will, it can also transfer him to himself against his will (as opposed to a שטר, which is a different שטר than the one used for purchase). Rava explains that the master accepts the money for himself (not on the slave’s behalf), thereby freeing the slave (as opposed to a שטר, which must be received on the slave’s behalf). The Rabbonon hold that he can even free himself with personal money (because they hold he can own money). Finally, Rebbe Shimon ben Elazar holds that a שטר must be given to someone else, but not the slave (as explained below).
- Rebbe Shimon ben Elazar: a slave cannot receive his גט שחרור, and if he can make a shaliach
Rabbah explains why Rebbe Shimon ben Elazar says a slave cannot receive his גט שחרור (and we do not say גיטו וידו באין כאחד – his get and hand’s independence come simultaneously). He derives a gezeirah shavah (לה לה) from a woman, teaching: מה אשה עד שיוציא גט לרשות שאינה שלו – just as a woman is not divorced until he removes the get to a domain which is not his (because her hand does not belong to him), אף עבד נמי עד שיוציא גט לרשות שאינה שלו – so too, a slave is not freed until [the master] removes the גט שחרור to a domain which is not his (i.e., not the slave). Rabbah asked according to this opinion: עבד כנעני מהו שיעשה שליח לקבל גיטו מיד רבו – Can an עבד כנעני make a shaliach to receive his גט שחרור from his master? Do we say that since his law is derived from a woman’s, so just as she can make a shaliach, a slave can as well, or do we say that she can make a shaliach because she can accept it herself, but a slave who cannot accept his גט שחרור cannot make a shaliach? He concluded that he can make a shaliach, like a woman.
- The machlokes if a slave can free himself with money (three explanations)
In the Mishnah, Rebbe Meir said that a slave cannot free himself with his own money, and the Rabbonon say he can. The Gemara suggests that Rebbe Meir holds: אין קנין לעבד בלא רבו – a slave has no acquisition without his master (who automatically acquires anything given to his slave), and holds the same regarding a married woman, and the Rabbonon hold that a slave can independently own what is given to him. Rav Sheishess said that even the Rabbonon agree that ordinarily, a slave cannot independently own anything. The dispute is where one gave him money and said: על מנת שאין לרבך רשות בו – this gift is given on condition your master has no rights in it, and they argue if this condition is effective in preventing the master’s acquisition. Rebbe Elazar says that everyone would agree such a condition is ineffective, and explains the case is where someone gave the slave money and said: על מנת שתצא בו לחירות – this is given on condition that you go free with it, and they argue if this condition is effective.
