משנה: עֶבֶד שֶׁנִּשְׁבָּה וּפְדָאוּהוּ אִם לְשׁוּם עֶבֶד יִשְׁתַּעְבֵּד אִם לְשׁוּם בֶּן חוֹרִין לֹא יִשְׁתַּעְבֵּד. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר בֵּין כָּךְ וּבֵין כָּךְ יִשְׁתַּעְבֵּד. עֶבֶד שֶׁעֲשָׂאוֹ רַבּוֹ אֻפּוֹתֵיקֵי לַאֲחֵרִים וְשִׁיחְרְרוֹ שׁוּרַת הַדִּין אֵין הָעֶבֶד חַייָב כְּלוּם אֶלָּא מִפְּנֵי תִיקּוּן הָעוֹלָם כּוֹפִין אֶת רַבּוֹ וְעוֹשֶׂה אוֹתוֹ בֶן חוֹרִין וְכוֹתֵב שְׁטָר עַל דָּמָיו. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר אֵינוֹ כוֹתֵב אֶלָּא מְשַׁחְרֵר. MISHNAH: If a slave was kidnapped and ransomed69A Jewish community at another place ransomed him. Since he is under the laws of the Torah, any Jewish community is obligated to ransom him., if it was as a slave70If they knew that he was a slave and ransomed him as such. he shall serve71His former master, who has to indemnify the community which provided the ransom., if as a free person he shall not serve72A person who was a free Jew even for one moment cannot be enslaved.; Rabban Simeon ben Gamliel says, in any case he shall serve73He holds that a slave can be freed only by a formal act of manumission, otherwise he will be forbidden to marry a Jewish woman. Since the act of ransom does not change the slave’s status in marriage law, it cannot change it in civil law.. A slave whom his master gave as mortgage to others and then freed74The act of manumission breaks the chattel mortgage; this is declared as a general principle in the Babli, 40b. in strict law does not owe anything75Since the evil act was his master’s, not his own., but for the public good76Lest the creditor come and enslave a free person. one forces the master to formally manumit him and he77The slave, who owns no money. writes a bond for his own value. Rabban Simeon ben Gamliel says, only the one who manumits writes78The slave is free and free from debt..
הלכה: עֶבֶד שֶׁנִּשְׁבָּה וּפְדָאוּהוּ כול׳. רִבִּי אַבָּהוּ בְשֵׁם חִזְקִיָּה. בְּדִין הָיָה שֶׁאֲפִילוּ לְשֵׁם עֶבֶד לֹא יִשְׁתַּעְבֵּד. וְלָמָּה אָֽמְרוּ יִשְּׁתַּעְבֵּד. שֶׁלֹּא יְהֵא עֶבֶד מַבְרִיחַ עַצְמוֹ מִן שַׁבּוֹיִין. אָמַר רִבִּי זְעִירָא. מַתְנִיתָא אָֽמְרָה כֵן. רַבּוֹ נוֹתֵן אֶת דָּמָיו וּמְשַׁחְרְרוֹ. לֹא אָֽמְרוּ אֶלָּא רַבּוֹ. הָא אַחֵר לֹא. רִבִּי אִילָא בְשֵׁם רִבִּי יָסָא. בְּדִין הָיָה אֲפִילוּ לְשֵׁם בֶּן חוֹרִין יִשְׁתַּעְבֵּד. וְלָמָּא אָֽמְרוּ לֹא יִשְׁתַּעְבֵּד. שֶׁלֹּא לְהוֹצִיא לוֹזָה עַל בְּנֵי חוֹרִין. אָמַר רִבִּי יוֹסֵי. אִם כֵּן. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר. בֵּין כָּךְ וּבֵין כָּךְ יִשְׁתַּעְבֵּד. כְּשֵׁם שֶׁיִּשְׂרָאֵל מְצוּוִּין לִפְדּוֹת בֶּן חוֹרִין כָּךְ הֵן מְצוּוִּין לִפְדּוֹת אֵת הָעֲבָדִים. אָהֵן תַּנָּייָא קַדְמִייָא סְבַר מֵימַר. מִצוּוִּין הֵן לִפְדּוֹת בְּנֵי חוֹרִין וְאֵין מְצוּוִּין לִפְדּוֹת אֵת הָעֲבָדִים. רִבִּי יַעֲקֹב בַּר אִידִי בְשֵׁם רֵישׁ לָקִישׁ אָמַר. הֲלָכָה כְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל. HALAKHAH: “If a slave was kidnapped and ransomed,” etc. Rebbi Abbahu in the name of Ḥizqiah: It would be logical that even as a slave he should not have to serve79In the Babli, 37b, Ḥizqiah is quoted in a discussion whether the occurred when the owner still had hope to recover his slave or whether he had given up this hope. Since the case that the owner had given up hope ransom mentioned in the Mishnah and therefore relinquished his claim to ownership is discussed later, the Yerushalmi must hold that the Mishnah deals with the case that the slave still was a slave in fact, not only in name, i.e., that the original owner had not given up hope to recover him. As R. Yose explains later, the slave should not have to serve since he was ransomed as a Jew.. And why did they say, he has to serve? That a slave should not run away to the kidnappers80Offer himself to kidnappers as a sure way to gain his freedom.. Rebbi Ze‘ira said, a baraita81Tosephta 3:4; Babli 37b. implies this: “His master pays his ransom and frees him.82If the master wishes, he may free him once the community which provided the ransom is reimbursed.” They said that only about his master, not anybody else83It is not clear what is the meaning of the baraita clause that the master frees the slave. The Tosephta implies that the community which ransoms the slave sends his master the bill with the slave. No other person has an interest in the slave.. Rebbi Ila in the name of Rebbi Yasa: It would be logical that even as a free person he should have to serve84Since there was no formal manumission, there seems to be no reason why the slave, redeemed in the erroneous belief that he was a free Jew, should not remain a slave.. Why did they say that he does not have to serve? Not to damage the reputations of free persons85If it were possible later to enslave a person redeemed as a free person, nobody would be safe.. Rebbi Yose said, but it is so: “Rabban Simeon ben Gamliel says, in any case he shall serve; just as Israel are obligated to ransom free persons so they are obligated to ransom slaves.81Tosephta 3:4; Babli 37b.” The first Tanna is of the opinion that they are obligated to ransom free persons but they are not obligated to ransom slaves86Since Rabban Gamliel has to spell out his opinion in the Tosephta, it follows that the dissenting opinion also applies in this case. The slave of a Jew is obligated to keep the Sabbath and eat only kosher food; since he cannot do that as slave of a Gentile, the Jewish community is responsible for him.. Rebbi Jacob bar Idi in the name of Rebbi Simeon ben Laqish: Practice follows Rabban Simeon ben Gamliel87In the Babli, it is a Saboraic principle that “practice follows Rabban Simeon ben Gamliel in his statements in the Mishnah” almost always (Ketubot 77a); the Babli does not have to state that practice follows him..
רִבִּי סִימוֹן בְשֵׁם רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי אָמַר יֵיסִי בֶּן שָָׁאוּל בְּשֵׁם רִבִּי. הַמִּתְייָאֵשׁ בְּעַבְדּוֹ אֵינוֹ רַשַּׁאי לְשַׁעְבְּדוֹ וְצָרִיךְ לִכְתוֹב לוֹ גֵּט שִׁיחְרוּר. שָׁמַע רִבִּי יוֹחָנָן וְאָמַר. יָפֶה לִימְּדֵנִי רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי. כְּלוּם לָֽמְדוּ גֵּט שִׁחְרוּר לֹא מֵאִשָּׁה. מָה אִשָּׁה אֵינָהּ יוֹצֵאת מִשּׁוּם יִיאוּשׁ שֶׁצְּרִיכָה מִמֶּנּוּ גֵּט. אַף עֶבֶד אִינוֹ יוֹצֵא מִשּׁוּם יִיאוּשׁ וְצָרִיךְ גֵּט שִׁיחְרוּר. Rebbi Simon in the name of Rebbi Joshua ben Levi: Yossi ben Shaul said in the name of Rebbi: A person who had given up hope to recover his slave88It is a general rule that anything abandoned becomes ownerless and may be taken by anybody who finds it. If a person gives up hope to recover something he lost, this is abandonment (Baba meṣi‘a 2:1, first line). It is stated later that an adult slave, being able to become a responsible person, acquires himself if he becomes ownerless. Since then he is a full Jew, if the owner later finds him, he cannot reduce him to slavery. But the former slave cannot marry a Jewish partner without a bill of manumission. is not entitled to enslave him but has to write him a bill of manumission. Rebbi Joḥanan89In the Babli, 39a, the entire statement is in R. Joḥanan’s name. heard this and said, Rebbi Joshua ben Levi taught us that correctly. Did they not infer the rules of a bill of manumission from women90This is nowhere explicit in the Yerushalmi or the halakhic Midrashim; it is found in the Babli (Giṭṭin 29b,41b; Ḥagigah 10a; Qiddušin 23a) from a comparison of the language used for the manumission of a handmaid (Lev. 19:20) and the divorce of a wife (Deut. 24:1).? Just as a woman is not freed if [the husband] has given up hope91If a woman left her husband and the latter has given up hope that she ever would return to him, she still cannot remarry without a formal bill of divorce., but she needs a bill of divorce from him, so a slave is not freed if [the master] has given up hope, but he needs a bill of manumission.
שִׁמְעוֹן בַּר בָּא בְּשֵׁם רִבִּי יוֹחָנָן. עֶבֶד שֶׁבָּרַח מִן הַשַּׁבּוֹיִין אֶצֶל רַבּוֹ אֵין רַבּוֹ רַשַּׁאי לְשַׁעְבְּדוֹ וְצָרִיךְ לִכְתוֹב לוֹ גֵּט שִׁיחְרוּר. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן אָמַר. הַמַּפְקִיר אֶת עַבְדּוֹ אֵינוֹ רַשַּׁאי לְשַׁעְבְּדוֹ וְאֵינוֹ רַשַּׁאי לִכְתוֹב לוֹ גֵּט שִׁיחְרוּר. אָמַר לֵיהּ רִבִּי זְעִירָא. כָּל־עָמָּא אָֽמְרִין דְּהוּא צָרִיךְ. וְאַתְּ אוֹמֵר. אֵינוֹ צָרִיךְ. שֶׁמָּא אֵינוֹ מְעַכְּבוֹ מִלּוֹכַל בַּפֶּסַח. כְּהָדָא דְתַנֵּי. וְכָל־עֶבֶד אִישׁ מִקְנַת כֶּסֶף וּמַלְתָּה אוֹתוֹ. בְּשָׁעָה שֶׁהוּא עוֹבֵד אֶת רַבּוֹ הוּא מְעַכְּבוֹ לוֹכַל בַּפֶּסַח. וּבְשָׁעָה שֶׁאֵינוֹ עוֹבֵד אֶת רַּבּוֹ אֵינוֹ מְעַכְּבוֹ מִלּוֹכַל בַּפֶּסַח. Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him92Since he was not ransomed, it is as if his owner had given up hope to recover him. but has to write him a bill of manumission93In order to permit him to marry a Jewish partner.. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission94Since a bill of manumission can be written only by the owner and this master has formally declined ownership, there is nobody who can write a bill of manumission for this slave. The Babli, 39a/b, holds in the name of R. Joḥanan that the owner can only renounce his ownership in money matters; for ceremonial law he can divest himself of ownership only by writing a bill of manumission. The Babli agrees that if the original owner dies before writing the bill of manumission, his children do not inherit any rights to the slave and the latter cannot be rescued from his state in limbo, free but unable to marry.. Rebbi Ze‘ira said to him, everybody says that he needs one95In the Babli, 39a, this is a statement of Ulla in the name of R. Joḥanan.; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]96A person is prevented from eating the Passah sacrifice if any member of his familia is not circumcised (or if a female slave, not inducted into the Jewish faith by immersion in a miqweh), Ex. 12:43–45.? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah97Therefore, the slave declared ownerless is no longer part of his owner’s familia; the master no longer is a patron..
סִימֵּא שְׁתֵּי עַינָיו כְּאַחַת. הִפִּיל שְׁנֵי שִׁינָּיו כְּאַחַת. יוֹצֵא בָהֶן לַחֵירוּת. זוֹ אַחַר זוֹ. יוֹצֵא לַחֵירוּת בְּרִאשׁוֹנָה וְנוֹתֵן לוֹ דָמִים בַּשְּׁנִייָה. רִבִּי אִילָא בְשֵׁם רֵישׁ לָקִישׁ כְּמָאן דְּאָמַר. אֵינוֹ צָרִיךְ לִכְתוֹב לוֹ גֵּט שִׁיחְרוּר. בְּרַם כְּמָאן דְּאָמַר. צָרִיךְ לִכְתוֹב לוֹ גֵּט שִׁחְרוּר. וְאַתְּ אוֹמֵר. מְשַׁלֵּם לוֹ. אֵין לִי אֶלָּא הַיּוֹצֵא בְשֵׁן וְעַיִן. מְנַיִין הַיּוֹצֵא בְכִיפָּה וּבהרנירק טיאונוס וּבְחֵרוּת שֶׁלַּמְּלָכִים. תַּלְמוּד לוֹמַר. לַחָפְשִי יְשַׁלְּחֶנּוּ מִכָּל מָקוֹם. בָּנָיו מָה הֵן. הַיּוֹצֵא בְּשֵׁן וָעַיִן בָּנָיו עֲבָדִים. וְהַיּוֹצֵא מִשּׁוּם יִיאוּשׁ בָּנָיו בְּנֵי חוֹרִין. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. לֹא מִסְתַּבְּרָא. חִילּוּפִין. הַיּוֹצֵא בְּשֵׁן וָעַיִן הוֹאִיל וְשִׁיחְרְרָתוֹ הַתּוֹרָה בָּנָיו בְּנֵי חוֹרִין. וְהַיּוֹצֵא מִשּׁוּם יִיאוּשׁ הוֹאִיל וְלֹא שִׁיחְרְרָתוֹ הַתּוֹרָה בָּנָיו עֲבָדִים. If [the master] blinded [the slave’s] two eyes simultaneously, or broke two of his teeth simultaneously, the slave thereby obtains his freedom98Ex. 21:26–27 ordains freedom to a slave whose owner destroys one of his eyes or teeth. By rabbinic interpretation, this is extended to all important body parts.. One after the other, he obtains his freedom from the first [injury] and [the master] has to pay for the second99For the second injury, the slave can already require the damages due to a free person.. Rebbi Ila in the name of Rebbi Simeon ben Laqish: Following the opinion that [the master] does not have to write a bill of manumission for him. But following the opinion that [the master] has to write a bill of manumission for him, can you say that he has to pay him100In the Babli, 42a (quoted also Qiddušin 24b), this is a dispute among Tannaïm which is resolved by deciding that a bill of manumission is not needed for injury to teeth or eyes since the verse represents the bill of manumission, but is needed for all other body parts whose loss results in freedom to the slave only by rabbinic interpretation. The following sentence shows that this interpretation is not accepted in the Yerushalmi. In case a bill of manumission is required, damages can be claimed only after delivery of the bill.
It seems that the baraita in Mekhilta dR. Ismael, Mišpaṭim 9, contains a polemic against the argument here since it emphasizes that the verse requires to send the slave to freedom for his tooth or for his eye; the singular implies that the slave can request payment for the second injury independent of his legal status.? Not only does this101Even an authority who requires a bill of manumission for the slave freed by the Torah will not insist that the rules of these bills be followed to the letter but all forms of manumission accepted in Gentile courts are acceptable. apply to one who gains his freedom for a tooth or an eye, from where also that he may gain his freedom by a cap102A Phrygian cap given to the slave by his master as a sign of freedom., or הרנירק טיאונוס103These words are unexplained. In the Babli 20a, speaking of manumission in general, not of the slave freed by the Torah, it is stated that a bill of manumission engraved on a writing tablet is valid, but not one written on a cap and אנדוכתרי (var. אנדרכתן, אדוכתן, אנדרוכתרי) explained in Arukh as text woven into the cloth (but see next paragraph).
In Massekhet ‘Avadim, end of Chap. 3, the baraita quoted here appears in one ms. as: “If he broke his two teeth simultaneously, or blinded his two eyes simultaneously, the slave goes to freedom and is not paid anything, one after the other he obtains his freedom for the first and is paid for the second. If he cut his flesh or destroyed a tooth which did not come out yet, he is freed by אנטוקטא, a tablet, a writing tablet, but not by קיפה of kings.” The word אנטוקטא was read by Pineles, דרכה של תורה, as vindicta, a reading accepted by all later lexicographers. It is likely that אנדוכתרי and its variants also represent forms of vindicta in Babylonian spelling, which does not show the usual exactness of transliterations in the Yerushalmi, standing for manumissio per vindictam, manumission by having the slave touched with a vindicta, or staff, by a duly authorized government official. Such a manumission is invalid in any case not ordered by the Torah., or the king’s freedom104The acts of manumission recognized in Roman law, manumissio per vindictam, inter amicos, and per epistulam, also manumission in Egyptian law by declaration before a notary public and payment of the applicable tax (cf. R. Taubenschlag, The Law of Greco-Roman Egypt in Light of the Papyri, New York 1944, p.73).? The verse says, “he shall send him to freedom”, in any way. What is the status of his105This should read “her” here and in the sequel since a male slave cannot marry and has no family relationship with his children. children? The children of him who leaves for a tooth or an eye are slaves, the children of him who leaves by the loss of hope are free. Rebbi Yose ben Rebbi Abun said, that is unreasonable; it is the other way around. The children of one who leaves for a tooth or an eye are free because the Torah freed him. The children of one who leaves by the loss of hope are slaves because the Torah did not free him.
גֵּר שֶׁמֵּת וּבִזְבְּזוּ יִשְׂרָאֵל אֶת נְכָסָיו. וְהָיוּ שָׁם עֲבָדִים בֵּין גְּדוֹלִים בֵּין קְטַנִּים. יָֽצְאוּ לְחֵירוּת. אַבָּא שָׁאוּל אוֹמֵר. גְּדוֹלִים יָֽצְאוּ לְחֵירוּת. קְטַנִים לֹא יָֽצְאוּ לְחֵירוּת. לָמָּה. שֶׁהֵן יָֽצְאוּ בְמִיתַת רַבָּן. מֵעַתָּה אֲפִילוּ גְדוֹלִים. אָמַר רִבִּי בָּא. גְּדוֹלִים עַל יְדֵי שֶׁיֵּשׁ בָּהֶן דַּעַת לְזַכּוֹת אֶת עַצְמָן יָֽצְאוּ לְחֵרוּת. קְטַנִים עַל יְדֵי שֶׁאֵין בָּהֶן דַּעַת לְזַכּוֹת לְעַצְמָן לֹא יָצָא לְחֵירוּת. רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי אָמַר. הֲלָכָה כְּאַבָּא שָׁאוּל. מִחְלְפָה שִׁיטָּתֵיהּ דְּרִבִּי יְהוֹשֻׁעַ. תַּמָּן אָמַר רִבִּי סִימוֹן בְשֵׁם רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי וְרִבִּי יוֹסִי בֶּן שָׁאוּל בְּשֵׁם רִבִּי. הַמִּתְייָאֵשׁ מֵעַבְדּוֹ אֵינוֹ רַשַּׁאי לְשַׁעְבֵּד בּוֹ. אָֽמְרִין. מַה דְאָמַר רִבִּי יְהוֹשֻׁעַ לְשַׁעְבֵּד. דְּלָא יְהַב לָא יְהַב. דִּילְמָא הֲלָכָה לְשַׁעְבְּדוֹ וְצָרִיךְ לִכְתוֹב לוֹ גֵּט שִׁיחְרוּר וְהָכָא הוּא אָמַר הָכֵין. שֶׁמַעְנוּ דְאָמַר רִבִּי יוֹחָנָן. יָפֶה לִימְּדֵנִי רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי. דִּילְמָא הֲלָכָה כְּאַבָּא שָׁאוּל. אָמָתֵיהּ דְּרַבָּא בַּר זוּטְרָא עֲרָקָת. אִיתְייָאֵשׁ מִינָּהּ. אָתָא שָׁאַל לְרִבִּי חֲנִינָה וּלְרִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי. אָֽמְרוּ. אֵינוֹ רַשַׁאי לְשַׁעְבְּדָהּ. מָהוּ לִכְתוֹב לָהּ גֵּט שִׁיחְרוּר. אָֽמְרוּ לֵיהּ. אִם כָּתַבְתָּ יְאוּת אַתְּ עֲבַד. רִבִּי חֲנִינָה בְשֵׁם רִבִּי יִשְׁמָעֵאל בֵּירִבִּי יוֹסֵה. עֶבֶד שֶׁנָּשָׂא בֶּן חוֹרִין לִפְנֵי רַבּוֹ יָצָא לְחֵירוּת. אָמַר רִבִּי יוֹחָנָן. אֶמֶשׁ הָיִיתִי יוֹשֵׁב וְשׁוֹנֶה. הַּכּוֹתֵב כְּתַב קִידּוּשִׁין לְעַבְדּוֹ אוֹ כְתַב נִישּׂוּאִין לַאֲמָתוֹ. רִבִּי אוֹמֵר. זָכָה. וַחֲכָמִים אוֹמְרִים. לֹא זָכָה. אָהֵן תַּנַּייָא קַדְמִייָא סָבַר כְּרִבִּי זָכָה. If a convert died106He failed to start a Jewish family. Since he no longer is a member of his Gentile family and did not acquire Jewish heirs, his property becomes ownerless. and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom107Since they become ownerless, they go free, cf. Note 94. This Tanna holds that the ownerless slave does not need a bill of manumission. In the Babli, 39a, Rav Naḥman explains that since the rules of bills of manumission are derived from those of bills of divorce, since a widow does not have a bill of divorce, the slave who gains freedom by his master’s death does not need a bill.. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death108And can be acquired by anybody who takes them.. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul109The Babli, 39a/b, agrees and is ambivalent in the matter, as is the Yerushalmi.. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave88It is a general rule that anything abandoned becomes ownerless and may be taken by anybody who finds it. If a person gives up hope to recover something he lost, this is abandonment (Baba meṣi‘a 2:1, first line). It is stated later that an adult slave, being able to become a responsible person, acquires himself if he becomes ownerless. Since then he is a full Jew, if the owner later finds him, he cannot reduce him to slavery. But the former slave cannot marry a Jewish partner without a bill of manumission. is not entitled to enslave him110And he asserts that the master has to write a bill of manumission for the slave. But the adult slave who gains his freedom by his master’s death does not need a bill of manumission.. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give111The owner cannot be forced to write a bill of manumission for the absconded slave.; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission112It may be that any ownerless slave is automatically free without a written document; it also may be that the runaway slave whose master has given up hope of recovery is not free. Therefore, that slave cannot marry in the Jewish community without being formally freed.. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul113Practice follows Abba Shaul, not as a necessity but as recommended action.. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her114Even if he found her later, he could not bring any action to recover her as a servant.. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing115He cannot be forced to write a bill but, since the runaway girl probably will reappear as a Jewish woman in some distant community and marry there, for the benefit of the community it is appropriate that the former owner write her a bill of manumission and appoint a local person to receive it in her stead (since one may give benefits to absent persons without their knowledge) to legitimize the children from any marriage she might contract.. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person116The Babli, 39b/40a, and the editio princeps read בַּת חוֹרִין “a free woman” instead of בֶּן חוֹרִין “a free man” in the ms. One has to assume that the Venice typesetter was influenced by the Babli since the ms. shows no correction by the editor of the print; the text makes perfect sense as it stands. Since a slave cannot marry, if the master organizes a marriage for him it is obvious (a) that the owner manumits the slave and (b) that the woman he marries must be free. in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired117He accepts the marriage document as a bill of manumission; the slave acquires his own legal personality with the marriage document., but the Sages say, they did not acquire118Since a slave’s hand is his master’s hand, a slave cannot acquire a document for himself unless he first was manumitted.. The first Tanna119R. Ismael ben R. Yose. follows Rebbi: he acquired.
מִי מְשַׁחְרֵר. רַב אָמַר. בֵּין רַבּוֹ הָרִאשׁוֹן וּבֵין רַבּוֹ הַשֵּׁינִי. אָמַר רִבִּי יוֹחָנָן. אֵין לָךְ מְשַׁחְרֵר אֶלָּא רַבּוֹ הָרִאשׁוֹן בִּלְבַד. הָתִיב רִבִּי חַגַּיי קוֹמֵי רִבִּי יוֹסֵי. מַתְנִיתָא פְלִיגָא עַל רַב. יִשְׂרָאֵל שֶׁהִלְוָה אֶת הַנָּכְרִי עַל חָמֵיצוֹ אַחַר הַפֶּסַח מוֹתָּר בַּהֲנָאָה. אִין תֵּימַר. בִּרְ יִשְׂרָאֵל הוּא וִיהֵא אָסוּר מָה עֲבִיד לָהּ רַב. אָמַר רִבִּי יוּדָן. קַל הוּא בְשִׁחְרוּר. כְּהָדָא דְתַנֵּי. הָעוֹשֶׂה עַבְדּוֹ אֻפּוֹתֵיקֵי. מְכָרוֹ אֵינוֹ מָכוּר. שִׁחְרְרוֹ מְשׁוּחְרָר. חֵיילֵיהּ דְּרִבִּי יוֹחָנָן מִן הָדָא. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר אֵינוֹ כוֹתֵב אֶלָּא מְשַׁחְרֵר. אִילּוּ הַמְשַׁעְבֵּד שָׂדֶה לַחֲבֵירוֹ וּמְכָרָהּ שֶׁמָּא אֵין בַּעַל חוֹב בָּא וְטוֹרֵף. אָמַר רִבִּי אַבָּהוּ. פָּתַח לָנוּ רִבִּי יוֹחָנָן פֶּתַח (ר׳) מֵאִיר בְּדָה כְאוֹרָה. לֹא מָצִינוּ עֶבֶד מִשְׁתַּחְרֵר וְחוֹזֵר וּמִשְׁתַּעְבֵּד. מֵעַתָּה לֹא יִכְתוֹב לוֹ שְׁטָר עַל דָּמָיו. אָמַר רִבִּי אִילָא. מוּטָּב שֶׁיֹּּאמַר לוֹ. תֵּן לִי מָאתַיִם זוּז שֶׁיֵּשׁ לִי בְיָדָךְ. וְלֹא שֶׁיֹּאמַר לוֹ. עַבְדִּי אַתָּה. רַבָּנִין דְּקַיְסָרִין אָֽמְרִין בְשֵׁם רִבִּי בּיסא. אַתְיָא דְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל כְּרִבִּי מֵאִיר. כְּמַה דְרִבִּי מֵאִיר קוֹנֵס בִּדְבָרִים כֵּן רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל קוֹנֵס בִּדְבָרִים. דְּתַנֵּי. שְׁטָר שֶׁיֵּשׁ בּוֹ רִבִּית קוֹנְסִין אוֹתוֹ וְאֵינוֹ גוֹבֶה לֹא אֶת הַקֶּרֶן וְלֹא אֶת הָרִיבִּית. דִּבְרֵי רִבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים. גּוֹבֶה אֶת הַקֶּרֶן וְלֹא אֶת הָרִיבִּית. 120A parallel is in Pesaḥim 2:2, 1. 24 ff.; variants noted פ. Who frees121Here starts the discussion of the last part of the Mishnah, viz., the mortgaged slave who was manumitted.? Rav says, either his first or his second master122Both the owner and the mortgage holder can free the slave (Babli 40a).. Rebbi Joḥanan says, only his first master alone is able to free123A mortgage holder is not a proprietor.. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights124The translation follows פ. in it, it would be forbidden125In fact, Mishnah Pesaḥim 2:2 states that leavened matter pledged to a Jew is forbidden after Passover. This is explained in both Talmudim to refer to a contract which in case of foreclosure would retroactively transfer property rights to the creditor from the moment the loan was given. If the loan was given before Passover and foreclosed after Passover, the leavened matter was in the Jew’s possession during Passover and is permanently forbidden to Jews. In the Yerushalmi baraita one assumes that the contract states explicitly that the creditor would acquire property rights only after foreclosure.. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed126Yebamot 7:1, Notes 23–27.. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes78The slave is free and free from debt.. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate124The translation follows פ.. We do not find that a slave can again be enslaved after having been freed127The moment the slave gains his freedom he is a full Jew and is protected by all biblical laws regarding treatment of converts.. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave128The only reason the rabbis require the ex-slave to write a bond to the creditor is for his own protection.! The rabbis of Caesarea say in Rebbi Nasa’s124The translation follows פ. name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr129Cf. Baba Meṣi‘a 10a 1.60; Babli 72a, Baba Qama 30b, Baba Batra 94b. Rabban Simeon ben Gamliel holds that the manumission of a pledged slave is illegal and therefore the perpetrator has to pay.. But the Sages say, one collects the principal but not the interest130The bond is valid and those parts which conform to the law can be enforced..