And is redeemed against his will.' Raba thought to interpret: against the master's will. Said Abaye to him: How so - that a bond is drawn up for him for her value? But why:<span class="x" onmousemove="('comment',' Must he accept it?');"><sup>17</sup></span> he holds a pearl in his hand - shall we give him a shard?<span class="x" onmousemove="('comment',' With a double meaning: he holds something of value, must he accept something valueless; also, must he accept the shard on which such a bond may be written?');"><sup>18</sup></span> But, said Abaye, against her father's will,<span class="x" onmousemove="('comment',' If he can afford it, he is forced to redeem her (Rashi) . Tosaf.: the family is compelled to redeem her against her father's desire, who may not wish to have her back at home and to keep her.');"><sup>19</sup></span> on account of the family disgrace. If so, i the case of a Hebrew bondman too, let the members of his family [be forced to redeem him] on account of the family disgrace? - Then he will go and sell himself again. Then here too, he [the father] will go and sell her again? - Was it not taught: She cannot be sold and then sold again? And this agrees with R'Simeon, For it was taught: A man may sell his daughter for marital relationship, and then repeat it;<span class="x" onmousemove="('comment',' One may accept kiddushin on behalf of his daughter, a minor: and if she is widowed or divorced while an arusah (q.v. Glos.) he can do so again, on each occasion the money of kiddushin belonging to himself.');"><sup>20</sup></span> for servitude, and then repeat it,<span class="x" onmousemove="('comment',' If she became free through six years, jubilee, or her master's death, and is still a minor (ketannah) .');"><sup>21</sup></span> for marriage after servitude,<span class="x" onmousemove="('comment',' Having been freed from servitude, she can then be given in marriage.');"><sup>22</sup></span> but not for servitude after marriage. R'Simeon said: Just as a man cannot sell his daughter for servitude after marriage, so a man cannot sell his daughter for servitude after servitude. Now this enters into the dispute of the following Tannaim. For it was taught: [To sell her unto a strange people he shall have no power], seeing he hath dealt deceitfully with her [be-bigedo bah]:<span class="x" onmousemove="('comment',' Ex. XXI, 8.');"><sup>23</sup></span>
Daf Shevui to Kiddushin
A different baraita states that the sages were pleased with one who repays the converts converted children. [Note that the simple reading of these two sources is that there was some dispute over the matter. Some rabbis thought that it is always good to pay one’s debts. Other rabbis feared that by repaying the converted children, there would not be recognition that conversion is like rebirth. In other words, which is more important, money or ideology?] The Talmud, as it usually does, harmonizes the two sources. If the child was conceived and born before the father and the children converted, then the sages did not want the borrower to repay the debt. But if the child was conceived, and then the parents converted, while the child still does not inherit from his parents, the rabbis were pleased with one who repaid the debt.
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Daf Shevui to Kiddushin
The fact that God uses the word inheritance in the context of Esau’s descendants implies to R. Hiyya b. Abin, that non-Jews inherit from their father’s from biblical law.
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Daf Shevui to Kiddushin
The problem with Esau is that it is unclear whether he is considered a Gentile or an apostate Israelite. After all, his father was Jacob. Lot, on the other hand, is clearly not from Abraham’s line and therefore the fact that his descendants receive an inheritance proves that Gentiles inherit from their fathers.
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Daf Shevui to Kiddushin
Rava proved that a Gentile inherits from his father from the verse in Leviticus—and he shall reckon with his purchasers, and not his inheritors, proving that a Gentile has inheritors. R. Hiyya b. Abin did not use this verse because the words “and not with his inheritors” are not in the Torah.
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Daf Shevui to Kiddushin
Rava proved that a Gentile inherits from his father from the verse in Leviticus—and he shall reckon with his purchasers, and not his inheritors, proving that a Gentile has inheritors. R. Hiyya b. Abin did not use this verse because the words “and not with his inheritors” are not in the Torah.
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Daf Shevui to Kiddushin
These are the basic differences between the laws governing a female and male slave. The Talmud will now deal with them below.
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Daf Shevui to Kiddushin
The baraita above implies that a male slave goes out upon his master’s death but a female slave does not. But this clearly contradicts the mishnah which teaches that any way that he goes out, she does too. The only difference is that she also goes out with “signs” meaning she has hit puberty. Rav Sheshet solves the contradiction by positing that the baraita refers to a case where the master designated, i.e. married off, the slave girl to his son. This seems to have been the point of the sale in the first place. However, as we shall see, this is not an easy solution.
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Daf Shevui to Kiddushin
Obviously, if the son married her she does not go out as a slave—she is a married woman who would require divorce! The Talmud responds that this is not so obvious. We might have thought that the same laws remain—therefore the baraita teaches us that they do not.
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Daf Shevui to Kiddushin
The problem is that if the baraita refers to a case where she was designated, then how can she go out by signs? The Torah explicitly states that if she is designated she does not go out by signs! The Talmud now has to emend the baraita to make it make sense. She only goes out by signs if he did not designate her. Clearly, this is not the original meaning of the baraita. Indeed, it does seem that the baraita and the mishnah do indeed disagree.
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Daf Shevui to Kiddushin
A Jew may be sold to recover the value of an item he stole. But if he cannot afford to pay the double payment owed by a thief, he is not sold for the double payment. If a Jew falsely testifies that another person stole, then the false witness must pay back the amount he accused the other of stealing. But if he cannot afford this payment, he is not sold to recover it. And if he was sold once, and then went free, he cannot be sold again.
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Daf Shevui to Kiddushin
Rava resolved the difficulty by claiming that although he may not be sold twice for two different thefts, he may be sold twice to recover one debt. Let’s say he stole a large amount of money. By selling him once, the theft might not be recovered. In such a case, he may be sold twice.
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Daf Shevui to Kiddushin
Abaye offers another resolution. If a person stole from one man, he may only be sold once. If this is not enough to recover the debt, then so be it. This is true even if he stole multiple times from the same man. But if he stole from two men, he may be sold twice.
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Daf Shevui to Kiddushin
This baraita has variant opinions about whether a thief can be sold at all, and whether he can be sold twice. Amazingly, R. Eliezer almost legislates this entire law out of existence. If the slave is not worth exactly what he stole, then he is not sold at all.
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Daf Shevui to Kiddushin
Rava points out that R. Eliezer is more consistent than the rabbis. According to the rabbis if his theft was worth five hundred and he is worth one thousand he is not sold because we cannot sell half of him. But so too we could read the other word in the the verse with precision—that he cannot be sold to recover half of his theft, not even once. Thus, according to R. Eliezer, unless the theft and purchase price are exactly the same, the slave cannot be sold.
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Daf Shevui to Kiddushin
Rava assumes that when the mishnah teaches that he may redeem her against “his will”—“his” means the master. Abbaye reads this to mean that if she does not have the money to redeem herself, we can write an IOU document for her value and give it to her owner and force her to be freed. But why should we have this right? The master currently now owns a “pearl”—the slave. Why should we be able to force him to take a worthless shard (the document)?
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Daf Shevui to Kiddushin
Abaye therefore says we can redeem her against her father’s will to protect the family from being disgraced by the fact that her father sold her off into slavery.
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Daf Shevui to Kiddushin
The question is—why is this a difference between male and female slaves? Why not also force male slaves to be redeemed due to family disgrace? The answer is that the male slave can go sell himself again, whereas a female slave cannot be sold twice. So once we (the community) redeem her against her will, she can no longer be sold into slavery. We should note that this opinion of Abaye and indeed of the other sages shows just how deeply discomforted they were by the very notion of a father selling his daughter into slavery.
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Daf Shevui to Kiddushin
The question is—why is this a difference between male and female slaves? Why not also force male slaves to be redeemed due to family disgrace? The answer is that the male slave can go sell himself again, whereas a female slave cannot be sold twice. So once we (the community) redeem her against her will, she can no longer be sold into slavery. We should note that this opinion of Abaye and indeed of the other sages shows just how deeply discomforted they were by the very notion of a father selling his daughter into slavery.
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Daf Shevui to Kiddushin
According to the first opinion, once a man marries off his daughter, if she is divorced or widowed while still young, he can marry her off again. If he sold her to be a slave and she was freed while still young, he can sell her off again. And if he sold her to be a slave, and she was freed while still young, he can still marry her off. But if he sold her to be a wife, he cannot sell her later to be a slave. R. Shimon is more restrictive and rules that once sold into servitude, she cannot be sold again.
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Daf Shevui to Kiddushin
The Torah states that if he did not designate her to his son as a wife or marry her himself, he must set her free. He cannot sell her to non-Jews. The phrase used for “deal deceitfully” is “bevigdo bah.” Beged (bg”d) is the root for “dealing deceitfully” but it is also the root for the word “clothing.” R. Akiva reads the word as if it means “clothing”—once the master has “spread his clothing over her,” i.e. he has married her, can no longer sell her. Once she was married, the father can no longer sell her. R. Eliezer reads the word differently—since the father dealt deceitfully with her by selling her the first time, he can no longer sell her.
