Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 125:1

(דברים כג, טז) לא תסגיר עבד אל אדוניו רבי אומר בלוקח עבד על מנת לשחררו הכתוב מדבר היכי דמי אמר רב נחמן בר יצחק כגון דכתב ליה לכשאקחך הרי עצמך קנוי לך מעכשיו

Thou shalt not deliver unto his master a servant [which is escaped from his master]:Rabbi said: The Writ refers to one who buys a slave on condition that he emancipates him.How so? Said R. Nahman b. Isaac: E.g., if he wrote for him, 'When I buy you, you belong to yourself from now.' <br> <br> R. Meir, for it was taught: If one says to a woman, 'Behold, thou art betrothed unto me after I become a proselyte', or, 'after thou becomest a proselyte', 'after I am freed,' or 'after thou art freed,' 'after thy husband dies,' or, 'after thy sister dies,' 'after thy yabam performs halizah for thee,' she is not betrothed. R. Meir said: She is betrothed.R. Johanan the sandal maker said: She is not betrothed. R. Judah the Nasisaid: [By rights] she is betrothed, yet why did they [the Sages] say, she is not betrothed? Because of bad feeling.Then let R. Judah the Nasi be counted too? - Rabbi and R. Judah the Nasi are identical. And let R. Akiba be counted too? For we learnt: [If a woman says to<br> <br> her husband,] 'Konam be my work for thy mouth,'he need not annul it.R. Akiba said: He should annul it, lest she do for him more than she is obliged to do for him!- But was it not stated thereon, R. Huna son of R. Joshua said: It means that she vowed, 'Let my hands be sanctified to their Maker,' and her hands are in existence? <br> <br> MISHNAH. IF ONE SAYS TO A WOMAN, BEHOLD. THOU ART BETROTHED UNTO ME ON CONDITION THAT I SPEAK TO THE GOVERNOR ON THY BEHALF', OR 'THAT I WORK FOR THEE AS A LABOURER', IF HE SPEAKS TO THE GOVERNOR ON HER BEHALF OR WORKS FOR HER AS A LABOURER, SHE IS BETROTHED; IF NOT, SHE IS NOT BETROTHED.<br> <br> GEMARA. Resh Lakish said: Providing that he gives [her] the value of a perutah. But not in payment [of speaking etc.]? Surely it was taught: '[Be thou betrothed unto me] in payment for that I drove thee on an ass,' or 'seated thee in the carriage or ship,' she is not betrothed. 'In payment for that I will drive thee on an ass, or 'seat thee in a carriage or ship,' she is betrothed? And should you answer: Here too it means that he gives her the value of a perutah: but it states: 'in payment?' Again, it was taught: [If a woman says,] 'Sit with me as a companion, and I will become betrothed unto thee,' 'jest before me,' 'dance before me', 'do as was done in this public game', we assess it: if it is worth a perutah, she is betrothed; if not, she is not betrothed. And should you answer, here too it means that he gives her the value of a perutah [in addition]; surely it states, we assess it, thus refuting Resh Lakish? - Resh Lakish can answer you: The Tanna of this Baraitha holds, Wages are a liability only at the end; whereas our Tanna holds, Wages are a liability from beginning to end. Now, what compels Resh Lakish to explain our Mishnah on the basis that wages are a liability from beginning to end and that he gives her [a perutah in addition]? - Said Raba: [For otherwise,] our Mishnah presents a difficulty to him: why state particularly, ON CONDITION: state, 'in payment for'? Hence this proves that wherever 'on condition' [is taught], it means that he gives her [something in addition].<br> <br> MISHNAH. [IF HE SAYS,] 'ON CONDITION THAT [MY] FATHER CONSENTS,' IF HIS FATHER CONSENTS, SHE IS BETROTHED; IF NOT, SHE IS NOT BETROTHED. IF HIS FATHER DIES, SHE IS BETROTHED; IF THE SON DIES, THE FATHER IS INSTRUCTED TO SAY THAT HE DOES NOT CONSENT. <br> <br> GEMARA. What is meant by 'ON CONDITION THAT [MY] FATHER CONSENTS?' Shall we say, providing that my father [explicitly] says 'yes'? Then consider the middle clause: IF HIS FATHER DIES, SHE IS BETROTHED. Surely he did not say 'yes!' Hence [it must mean]<br>

Daf Shevui to Kiddushin

The rabbis don’t like the simple reading of the verse, which seems to prohibit one from returning runaway slaves. While our sympathies will of course lie with the simple reading of the verse, rabbis did not oppose slavery (I’m not sure if anyone in the ancient world did). As such, it did not make sense to them that a slave could simply run away and thereby become free. Therefore, Rabbi limits the law to a particular type of slave. One that was bought under the condition that he be set free. But how does this happen? R. Nahman b. Yitzchak explains that the master wrote that when he buys the slave, the slave will be freed from this moment and on. Thus the slave can acquire himself even before the buyer buys him. This is considered a case of a person acquiring something not yet in the world.
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