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Kidushin Chart #5
REBBI SHIMON BEN ELAZAR
BY GIVING IT
WHEN OTHERS GIVE IT(1)
BY RECEIVING IT HIMSELF
WHEN OTHERS RECEIVE IT FOR HIM
(since it is a Zechus for him to go free)
* = This opinion is recorded in the Mishnah (22b), according to the Gemara's conclusion
(1) The reason why Kesef works when others give it to the master is because it is a Zechus (benefit) for the Eved to go free. However, even according to Rebbi Meir (who holds that it is a Chov (detriment) for the Eved to go free), the Gemara concludes that Kesef given by others can free the Eved. The reason is because just like Kesef can acquire the Eved against his will, so, too, it can be used to free him (make him acquire himself) against his will.
(2) Apparently, the same applies even if we do not apply the principle of "Gito v'Yado Ba'in k'Echad" -- the Eved can still become free by receiving his Shtar Shichrur if we hold that "Yesh Kinyan l'Eved b'Lo Rabo," and his master gives him the Get on condition that he (the master) has no rights to it. However, it could be that even in such a situation the Get would not be a valid Shichrur, because even though the master was Makneh the Get to his Eved, nevertheless the master did not put the Get into a domain which is not his (for the Eved's hand is still certainly the domain of the master.
(3) This is the opinion expressed in the Mishnah, according to the Chachamim, when the Mishnah says "b'Kesef Al Yedei Atzmo." The Mishnah is saying that the Eved goes free with Kesef *even* when he gives it himself, and certainly when others give it on his behalf, and certainly when he or others receive a Shtar (RASHI).
(4) Rashi first questioned this point, considering the possibility that perhaps receiving a Shtar himself does not free him, according to the Chachamim. Rashi concludes that receiving a Shtar himself ("Shtar Al Yedei Atzmo") certainly works according to the Chachamim (for "Gito v'Yado Ba'in k'Echad"), because we see "every day it is done" that people free their Avadim by giving them Shtaros, even though the Halachah is in accordance with the Chachamim. Thus it must be that the Chachamim hold that receiving a Shtar "Al Yedei Atzmo" works. (Rashi wrote this already at the beginning of the Sugya (DH v'Ha Kayma Lan); see KIKAYON D'YONAH regarding why Rashi repeats this at this point in the Gemara.)
(5) This is inferred from Rebbi Shimon ben Elazar's words when he says that an Eved goes free "even" with a Shtar "Al Yedei Acherim," implying that the Eved also goes free with *Kesef* "Al Yedei Acherim" and not "Al Yedei Atzmo" (RASHI, TOSFOS).
(6) Accordingly, the end of the Mishnah means that the Eved goes free with a Shtar "Al Yedei Acherim," and so, too, he goes free with Kesef "Al Yedei Acherim."
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