POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Gitin 43
GITIN 43 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out
of love for Torah and those who study it.
1) SELLING A SLAVE JUST FOR THE FINE
(a) Question: A master sold his slave only regarding the
right to collect the fine if the slave will be gored - is
this a valid sale?
2) CAN A HALF-SLAVE ENGAGE A WOMAN?
1. This question may be asked according to R. Meir, and
according to Chachamim.
(b) Answer (R. Aba - Beraisa): "One born to a slave of a
Kohen may eat Terumah";
2. R. Meir only said that a person can acquire
something not yet in the world in a case such as
fruits of a date tree, which normally come; but in
our case, nothing suggests that the slave will be
i. Even if he is gored - perhaps the owner will be
exempt from paying, by admitting to the fine!
3. One can ask according to Chachamim - Chachamim only
said that a person cannot acquire something not yet
in the world regarding fruits of a date tree, for
they are not here yet; but regarding the fine, the
slave and oxen are already in the world.
1. Question: What does this teach? Even a slave bought
for money may eat, all the more so, one born to a
(c) Rejection: Really, slaves can be sold regarding the fine;
the case of a worthless slave is a Treifah slave, for
whom there is no fine.
2. Answer: One might have thought, just as the slave
bought for money must be worth a Perutah, also the
child of a slave only eats Terumah if he is worth a
Perutah - the verse teaches, he eats even if he is
not worth anything.
3. Suggestion: This only teaches about the child of a
slave - perhaps a slave bought for money only eats
Terumah if he is worth a Perutah!
4. Rejection: "One bought for money and one born to his
slave" - just as the child of a slave eats Terumah
if he is not worth anything, also a purchased slave.
5. (Culmination of answer): If a slave may be sold
regarding rights to collect the fine (if he will be
gored), every slave is worth a Perutah (he may be
sold for this)!
(d) Question: Even a Treifah is worth money, he can serve the
(e) Answer: The case is, he is also a disgusting Metzora (and
unfit for service).
(a) Question: A half-slave engaged a Bas Yisrael - does it
3) ENGAGEMENT OF A FEMALE HALF-SLAVE
1. If you will say that a Yisrael that told a Bas
Yisrael 'You are engaged to half of me', that this
takes effect - (we cannot learn from that,) because
she is fitting to be married to all of him (but a
half-slave is not fully fitting for a Bas Yisrael)!
(b) Answer (Beraisa): Reuven's ox killed a half-slave; Reuven
pays half of the fine to the master, and half the Kofer
to the half-slave's heirs.
2. If you will say that a Yisrael that told a Bas
Yisrael 'Half of you is engaged to me', that this
does not take effect - (we cannot learn from that,)
because he did not try to acquire all of her (but
the half-slave engaged all of her)!
1. If engagement of a half-slave is invalid, he would
not have any heirs!
(c) Rejection #1 (Rav Ada bar Ahavah): The case is, the ox
did not kill the half-slave, it only made him a Treifah;
when the Beraisa says that the heirs get half the Kofer,
it means the half-slave himself.
1. Objection #1 (to this rejection - Rava): The Beraisa
says 'heirs', you cannot say it means him himself!
(d) Rejection #2 (of the proof from the Beraisa - Rava): The
Beraisa means, it is fitting that Kofer be paid to the
heirs, but there are no heirs.
2. Objection #2 (Rava): Reish Lakish taught, Kofer is
only paid after the victim dies.
(a) Answer #2 (Rava): Just as a Yisrael that half-engages a
Bas Yisrael, this does not take effect, also engagement
of a female half-slave does not take effect.
(b) Rabah bar Rav Huna taught this same law.
1. Rav Chisda: You cannot learn from half-engagement,
where he did not try to acquire all of her; to
(full) engagement of a female half-slave!
(c) (Rav Sheshes): Just as a half-engagement of a Bas Yisrael
does not take effect, also engagement of a female
half-slave does not take effect.
2. Rabah bar Rav Huna: "This stumbling under your hand"
- a person only understands words of Torah after
stumbling in them.
3. Rather, even though half-engagement of a Bas Yisrael
does not take effect, engagement of a female
half-slave takes effect.
i. This is because in the former case, he did not
try to acquire all of her; in the latter case,
1. Suggestion: We should learn differently from a
(d) (Rav Chisda): A female half-slave was engaged to Reuven,
then was freed, and became engaged to Shimon his brother.
Reuven and Shimon died - she does Yibum (or Chalitzah)
with their brother, she is not considered the widow of 2
brothers (who does not do Yibum).
i. (Beraisa): The Charufah (designated) female
slave the Torah speaks of is a half-slave
engaged to a Yisrael slave - we see, she can be
2. Rejection (Rav Sheshes): R. Yishmael says that the
Charufah slave is a (full) female slave engaged to a
i. Clearly a slave cannot be engaged - you must
say, when he says 'engaged', he means
ii. We can say the same according to the opinion
that she is an 'engaged' half-slave!
4) ONE WHO SELLS HIS SLAVE TO A NOCHRI OR TO CHUTZ LA'ARETZ
1. If you will say that Reuven's engagement takes
effect, Shimon's engagement does not!
(e) A female half-slave was engaged to Reuven, then was
freed, and became engaged to another man.
2. If you will say that Shimon's engagement takes
effect, Reuven's engagement does not!
1. (Rav Yosef bar Chama citing Rav Nachman): Reuven's
engagement is uprooted.
(f) (Rav Huna bar Ketina): There was a case in which
Chachamim forced the owner of a female half-slave to free
2. (R. Zeira citing Rav Nachman): Reuven's engagement
becomes full engagement.
3. Support (R. Zeira for himself): "(The Charufah slave
and the man that had relations with her) will not
die, for she was not freed" - we infer, if she had
been freed, they would be killed (for she is fully
4. Rejection: (Abaye): Tana d'Vei R. Yishmael says that
the Charufah slave is a (full) female slave engaged
to a Yisrael slave - he cannot say that had she been
freed, they would be killed!
i. Rather, he must explain, had she been freed and
then engaged, (she and the man that slept with
her) would be killed.
ii. We can say the same according to the opinion
that she is an engaged half-slave!
1. Suggestion: This is as R. Yochanan ben Brokah, who
says that "Be fruitful and multiply" is a Mitzvah
for both men and women.
2. Rejection (Rav Nachman bar Yitzchak): No - they
forced him to free her because men were sinning with
(a) (Mishnah): One who sells his slave to a Nochri or to
Chutz La'aretz, the slave becomes free.
(b) (Gemara - Beraisa): One who sells his slave to a Nochri,
the slave becomes free, and needs a Get of freedom from
his master that sold him;
1. R. Shimon ben Gamliel says, this only applies if his
Ono was not written; if it was written, it serves as
his Get of freedom.
(c) (Beraisa): A Yisrael borrowed from a Nochri, and used his
slave as collateral - once the Nochri makes Nimuso on
him, the slave goes free.
2. Question: What is an Ono?
3. Answer (Rav Sheshes): He wrote - 'when you flee from
the new master, I have nothing to do with you'.
(d) Question: What is Nimuso?
(e) Answer #1 (Rav Huna bar Yehudah): A neck brace
identifying him as his slave.
1. Question (Rav Sheshes - Beraisa): The produce of a
Nochri's field is exempt from Ma'aser in all these
(f) Answer #2 (Rav Sheshes): Nimuso means a date (after which
the collateral will be collected as payment of the loan).
i. Reuven is a regular or hereditary sharecropper
2. It makes no sense to speak of a neck brace for a
ii. Reuven is renting it;
iii. The field is collateral for a loan Reuven gave
the Nochri, even though he made Nimuso on it.
(g) Question: In the first Beraisa, setting a date makes it
considered a sale; in the second Beraisa, it does not!
(h) Answer #1: It is only considered a sale after the date
(i) Objection: If (in the case of the slave) the date has
arrived, obviously, it is as a sale!
(j) Answer #2: In both Beraisos, the date did not arrive.
1. [Rashi: Regarding the slave, when the date arrives,
the slave will be fully sold (so it is considered a
sale once the date is set); by the field, only the
fruits will be sold when the date arrives, so the
field is not considered sold to the Yisrael.]
(k) Answer #3: [Rashi: In both cases, the date arrived;
regarding the field, Reuven did not take the fruit, so it
is exempt from Ma'aser.]
2. [Tosfos: The slave himself is already by the Nochri,
and cannot keep the Mitzvos, so it is as bad as if
he was already sold; by the field, the Yisrael only
gets the fruits, the field itself always belongs to
(l) [Tosfos: The date arrived in the Beraisa regarding the
slave - we need to hear that he goes free, even though
the Nochri did not yet take him. In the Beraisa regarding
the field, the date did not yet arrive.]