Kiddushin - Daf 28
- Using גלגול שבועה when claiming someone is his עבד
Rav, in describing the extent that גלגול שבועה can obligate one to swear, taught that if the claimant says: הישבע לי שאין עבדי אתה – Swear to me that you are not my Canaanite slave, he would have to swear. The Gemara objects that such a claimant would be put in cheirem, as a Baraisa teaches: הקורא לחבירו עבד יהא בנידוי – One who calls his fellow a slave should be put under ban!? Rather, Rava explained that the claimant said, “Swear that you are not my עבד עברי.” This is not an ordinary monetary claim, because Rava taught on Daf 16a that an עבד עברי is גופו קנוי – his body is owned by the master, and therefore likened to land. The Gemara asks why this is a greater novelty than using a גלגול שבועה for land, and explains that whereas land is purchased privately, and its current ownership is not always known, one might think that a claim that someone is his עבד עברי is not believable, since it would ordinarily be publicly known. Rava therefore teaches that the defendant must still swear.
- What items can be used for חליפין
The next Mishnah states: כל הנעשה דמים באחר – Regarding anything used as payment for something else, כיון שזכה זה נתחייב זה בחליפיו – once this [seller] acquired it, the [buyer] becomes responsible for its exchange (i.e., the item being exchanged for it becomes his). An illustration is then given of exchanging an ox for a cow, or donkey for an ox. After the Gemara challenges the implication of the Mishnah that coins may be used for חליפין, it interprets the Mishnah to mean כל הנישום דמים באחר – anything requiring evaluation to be used as payment for something else can effect חליפין. This teaches that all movable items, and not just utensils (like the shoe of the pasuk of חליפין), may be used, which is illustrated by the exchange of an ox for a cow. The Gemara continues that this only fits with Rav Sheishess, who holds that פירות – produce can effect חליפין, but Rav Nachman, who holds they cannot, must explain the Mishnah differently.
- Kinyanim of hekdesh
The next Mishnah states: רשות הגבוה בכסף ורשות ההדיוט בחזקה – The “holy domain” (i.e., hekdesh) acquires with money, but an ordinary personal domain acquires with a proprietary act (referring here to משיכה). אמירתו לגבוה כמסירתו להדיוט – Also, one’s declaration to give to [hekdesh] is equivalent to his giving over an item to an ordinary person. A Baraisa illustrates the first clause, that if the treasurer gave money to purchase someone’s animal (for a korban), it is acquired even if it is at the other end of the world. It then illustrates the second clause: האומר שור זה עולה בית זה הקדש – One who says, “This cow is hereby an olah,” or, “This house is hereby hekdesh,” אפילו בסוף העולם קנה – even if they are at the other end of the world, [hekdesh] acquires them. A private person always requires משיכה.
