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CHARTS FOR LEARNING THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rabbi Mordecai Kornfeld
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Kidushin Chart #4
Kidushin Daf 14b-21a
DIFFERENCES BETWEEN THE VARIOUS TYPES OF "EVED IVRI" WITH REGARD TO GAINING THEIR FREEDOM
MACHRUHU BEIS DIN
MOCHER ATZMO L'YISRAEL
MOCHER ATZMO L'NOCHRI
||HE GOES FREE AT *YOVEL*
||HE GOES FREE AT *SIX YEARS*
||HE IS REDEEMED BY *RELATIVES*(5)
||HE CAN BECOME *NIRTZA*
(1) This is derived from a verse (15a).
(2) This is written explicitly in the verse (see Chart #1).
(3) This is subject to the Machlokes between the Tana Kama and Rebbi Eliezer
(4) According to the Tana Kama (ibid.), obviously the Eved does not go free
after six years just like any Eved who is Mocher Atzmo. But even according
to those who normally compare the Halachos of Mocher Atzmo to those of
Machruhu Beis Din, Rebbi maintains (15b) that the Eved is not automatically
freed with the passing of six years, because the verse says, "ba'Eleh"
(Vayikra 25:54), implying that *only* with these (i.e. relatives) is he
redeemed. According to Rebbi Yosi ha'Gelili and Rebbi Akiva (ibid.), who
learn from "ba'Eleh" different Halachos, it is implied that the Eved who
sold himself to a Nochri *does* automatically go free after six years.
(5) That is, it is a *Mitzvah* for the relatives to redeem him, and they are
bidden to redeem the slave even against his will; TOSFOS RID 15b. (If,
however, both the relatives and the slave are interested in having the slave
redeemed, every Eved Ivri goes free with Gira'on Kesef and therefore it is
obvious that no one can stop the relatives from giving the slave money to
redeem himself, no matter what type of Eved Ivri he is.)
(6) According to Rebbi, the Gemara (15b) says clearly that the Eved is not
redeemed by relatives, since the verse says, "Yig'alenu" (only an Eved Ivri
sold to a Nochri may be redeemed by relatives, and not any other Eved Ivri).
According to the Rabanan, the Gemara questions whether he is redeemed by
relatives or not, and the Gemara does not resolve the matter (end of 21a).
Since it is not clear that they indeed argue with Rebbi on this point, we
did not list this as a Machlokes in the chart. Note also that even though
Tosfos (15b, DH Amai) differentiates -- according to the Havah Amina of the
Gemara there -- between an Eved who sold himself and an Eved sold by Beis
Din, nevertheless according to the conclusion of the Gemara (that we have a
Gezeirah Shavah of "Sachir Sachir", and we do not expound the "Vav" to be
"Mosif Al Inyan Rishon), it seems that there is no difference between them
and even an Eved who sold himself cannot be redeemed by relatives.
(7) The verse says explicitly that such an Eved is redeemed by relatives.
However, according to Rebbi Akiva (15b) after he is redeemed from the Nochri
he becomes the Eved of his relatives.
(8) Although this Halachah does not appear explicitly in the Gemara, it
would seem to be subject to the same Machlokes between the Tana Kama and
Rebbi Eliezer that we mentioned above (footnote #3). (One might argue that
an Eved Ivri sold to a Nochri cannot become Nirtza according to any opinion,
since his master cannot give him a Shifchah Kena'anis to live with (because
a Nochri cannot own a Shifchah Kena'anis) and any Eved who cannot be given a
Shifchah cannot become Nirtza -- as the Gemara says on 21a. However, careful
analysis of what we wrote in the Insights to 21:2 shows that such logic
cannot be applied in our case.)
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