POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Gitin 38
GITIN 38 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out
of love for Torah and those who study it.
1) WHO CAN OWN WHOM? (cont.)
(a) Question: According to Rava, he was redeemed after
despair, he works for Reuven - but Reuven bought him from
the captors - did the captors really own him?!
2) SLAVES THAT WERE CAPTURED AND REDEEMED
(b) Answer: Yes, they owned him regarding his earnings!
1. (Reish Lakish): A Nochri can acquire a Nochri
regarding his earnings.
(c) This shows, a Nochri can acquire a Nochri; how do we
learn that a Nochri can acquire a Yisrael?
2. "Also from the settlers that live with you, you may
buy slaves" - you (Yisrael) can buy Nochrim, but
they cannot buy you, nor can they buy each other.
3. Suggestion: Perhaps they cannot acquire each other.
4. Question: Indeed, Reish Lakish said that they cannot
acquire each other!
5. Answer: He meant, they cannot totally acquire one
i. Suggestion: Perhaps they cannot acquire each
other, even regarding earnings.
ii. Rejection: A Nochri can acquire a Yisrael
regarding his earnings - all the more so, he
can acquire a Nochri for his earnings.
iii. Suggestion: Perhaps they only acquire each
other through money, but not through conquest.
iv. Rejection (Rav Papa): Sichon's conquest of
(parts of) Amon and Mo'av allowed Yisrael to
take those lands.
(d) Answer: "They took a captive from us".
(a) (Rav Shemen bar Aba, citing R. Yochanan): A slave that
escapes from prison goes free; in fact, we force the
master to write a document of freedom.
3) FREEING SLAVES
(b) (Mishnah - R. Shimon ben Gamliel): Either way, the
redeemed slave works as a slave.
1. (R. Yochanan): Wherever R. Shimon ben Gamliel
appears in a Mishnah, the law is like him, with only
3 exceptions: the Mishnah of a cosigner, the case of
divorce in Tzidon, and one who found a proof after
he lost a monetary judgment.
(c) Contradiction: R. Yochanan contradicts himself!
(d) Answer #1: Abaye established the Mishnah to be before
despair - he can answer, the case of escaping from prison
is after the master despaired.
1. Question: Rava established the Mishnah after the
master despaired - how can he resolve the
contradiction in R. Yochanan?
(e) Shmuel's slave was captured; others redeemed her with
intention that she remain a slave.
2. Answer: Rava explained, R. Shimon ben Gamliel's
reason is Chizkiyah's enactment (that slaves should
not (intentionally) get captured to go free - this
does not apply to one who escapes from prison.
i. One who escapes risks his life - he would not
willingly get captured to try to go free!
1. The redeemers told Shmuel: We hold like R. Shimon
ben Gamliel - even if you hold like Chachamim, she
remains a slave because we intended for this.
2. They assumed that Shmuel had not yet despaired, but
in fact, he had already despaired.
3. Not only did Shmuel not use her as a slave - he even
ruled that she needs no Get of freedom!
4. This is like Shmuel said - one who declares his
slave to be ownerless, the slave goes free and needs
no Get of freedom.
5. He learns from "Any slave of a man".
i. Rhetorical question: Does this come to exclude
the slave of a woman?!
ii. Answer: Rather, a slave that has a master is a
slave; if no master has authority over him, he
is not a slave.
(a) The slave of R. Aba bar Zutra was captured; a Nochri from
Tarmud redeemed her. Yisraelim sent a message to R. Aba:
the proper thing to do is to send her a Get of freedom.
(b) Question: What was the case?
1. Suggestion: If they can buy her back from the Nochri
- why must he send a Get?
(c) Answer #1: The Nochri was willing to sell her - the
community would only redeem her if R. Aba sent a Get.
2. Suggestion: If they cannot her back - how will a Get
(d) Answer #2: The Nochri was unwilling to sell her - but if
R. Aba sent a Get (he would see that she was formerly a
slave), she would be disgraced in the Nochri's eyes, and
he would agree to sell her.
(e) Question: But it was taught - Nochrim desire the animals
of Yisrael (for relations) more than their own wives!
(f) Answer: That applies in secret - if it becomes known,
they are disgraced.
(g) There was a female slave of Pumbadisa, with whom men were
1. Abaye: If not for Rav Yehudah's law, that one who
frees a slave transgresses a positive Mitzvah, I
would force the master to free her.
2. Ravina: Rav Yehudah admits, there is no prohibition
to free a slave to prevent transgressions.
3. Question: Does Abaye really argue on this?!
i. (R. Chinena bar Rav Ketina): There was a half
slave, and Chachamim forced the master to free
4) ONE WHO DECLARES HIS SLAVE TO BE HEKDESH
(h) (Rav Yehudah): "Forever they will work for you" - one who
frees a slave transgresses a positive Mitzvah.
ii. (Rav Nachman bar Yitzchak): The case was, men
were freely sinning with her.
4. Answer: Abaye agrees, a slave may be freed if that
is the only way to stop transgression.
i. R. Chinena's case was different - a half slave
is forbidden to slaves and free men - but a
full slave may be matched with a male slave,
and he will stop others from sinning with her.
(i) Question (Beraisa): There was a case in which R. Eliezer
found only 9 men in synagogue, and freed his slave to
complete the Minyan!
(j) Answer: Rav Yehudah admits, one may free his slave for
the need of a Mitzvah.
1. (Beraisa - R. Yishmael): "Forever they will work for
you" - this is optional;
(k) Question (on answer (j)): Perhaps R. Eliezer holds like
R. Yishmael, there is no obligation to work with slaves!
2. R. Akiva says, this is an obligation.
(l) Answer (Beraisa - R. Eliezer): It is an obligation.
(m) (Rabah): People lose their property for 3 transgressions:
They free their slaves, they look over their possessions
on Shabbos, and they arrange to eat on Shabbos at the
time of the class in the Beis Medrash.
1. (R. Chiya bar Aba): There were 2 families in
Yerushalayim that were uprooted - 1 fixed meals on
Erev Shabbos, the other, on Shabbos day (at the time
of the class).
(a) Version #1 (Rabah citing Rav): One who declares his slave
to be Hekdesh, the slave goes free.
(b) Question: Why?
(c) Answer: The slave cannot become intrinsically Kodesh; the
master didn't say he sanctifies only his value - the only
explanation is, he means that the slave should become
part of the holy nation (through freedom).
(d) Version #2 (Rav Yosef citing Rav): One who declares his
slave to be Hefker, the slave goes free.
1. Rabah says that he goes free even when he was
declared Hekdesh - all the more so, if he was
(e) Question: Does the slave need a Get of freedom?
2. Rav Yosef says that he goes free when he was
declared Hefker - but if he was declared Hekdesh, no
- perhaps the master sanctified his value.
(f) Answer: R. Chiya bar Avin cited Rav as saying that in
either case he goes free and requires a Get of freedom.
(g) Question (Rabah (against his own teaching) - Beraisa):
One who sanctifies his property, and it includes slaves -
the treasurers of Hekdesh may not free them but they may
sell them to buyers that will free them;
1. Rebbi says, the slave can give his own value to buy
freedom, for this is like selling the slave to
(h) Answer: One cannot refute Rav from a Beraisa - Rav is a
Tana, and he can argue on a Beraisa!
(i) Question (Beraisa): "Any sanctified thing...from people"
- this includes Kana'ani slaves (they do not go free)!
(j) Answer: The case is, he explicitly sanctified their
1. Question: Why didn't we give this answer to question
2. Answer #1: That Beraisa said, the treasurers cannot
set them free - if he only sanctified their value,
the treasurers have no involvement with the slaves
(rather, they have a claim on the master to pay
3. Answer #2: That Beraisa said, the treasurers may
sell them to others, who will set them free - the
others have no involvement with the slaves (since
the treasurers had no authority to sell them)!
4. Answer #3: In the end of that Beraisa, Rebbi said,
the slave may pay his own value to go free, for this
is like selling him to himself - the treasurers have
no authority to sell him!