Commentary for Kiddushin 44:19

ר' יהודה הנדואה גר שאין לו יורשין הוה חלש על מר זוטרא לשיולי ביה חזייה דתקיף ליה עלמא טובא אמר ליה לעבדיה שלוף לי מסנאי ואמטינהו לביתא איכא דאמרי גדול הוה

dresses him, puts on his shoes, or lifts him, he acquires him. R'Simeon said: Let hazakah not be greater than lifting, for lifting acquires everywhere. What does he mean? - Said R'Ashi: [The first Tanna implies,] if he [the slave] lifts his master, he acquires him; if his master lifts him, he does not acquire him. Thereupon R'Simeon observed: Hazakah should not be greater<span class="x" onmousemove="('comment',' More effective.');">³³</span> than lifting, seeing that lifting acquires everywhere.<span class="x" onmousemove="('comment',' Lifting is one of the methods of acquiring movables: there, of course, the purchaser lifts the article to be acquired. Hence here too, if the master lifts the slave, i.e., the article to be acquired, he gains a title to him.');">³⁴</span> Now that you say that if he lifts his master he acquires him - if so, a heathen bondmaid should be acquired by intercourse?<span class="x" onmousemove="('comment',' Which is also a form of lifting.');">³⁵</span> - When do we say this, when one derives pleasure and the other pain;<span class="x" onmousemove="('comment',' I.e., the slave does an act of servitude from which he personally derives no pleasure.');">³⁶</span> but here both derive pleasure. Then what can be said of unnatural intercourse?<span class="x" onmousemove="('comment',' Where only the male derives pleasure.');">³⁷</span> Said R'Ahaiy B'Adda of Aha:<span class="x" onmousemove="('comment',' [A village near Mount Hermon, Horowitz. I. S. Palestine. s.v.]');">³⁸</span> Who is to tell us that both do not derive pleasure? Moreover, it is written, [Thou shalt not lie with mankind] with the lyings of a woman:<span class="x" onmousemove="('comment',' Lev. XVIII, 22: lit., translation; 'lyings' is understood to refer to two forms of coition, natural and unnatural.');">³⁹</span> thus the Writ compared unnatural to natural intercourse. R'Judah the Indian was a proselyte who had no heirs. He fell sick and Mar Zutra went and paid him a sick visit.<span class="x" onmousemove="('comment',' Lit., 'to enquire concerning him'.');">⁴⁰</span> Seeing him in extremis<span class="x" onmousemove="('comment',' Lit., 'he saw that the world weighed very heavily upon him.'');">⁴¹</span> he said to his [R'Judah's] slave, 'Remove me my shoes and take them to my house'.<span class="x" onmousemove="('comment',' He wished the slave to be in his service when his master died, so as to acquire him by hazakah.');">⁴²</span> Some maintain, He [the slave] was an adult:<span class="x" onmousemove="('comment',' And Mar Zutra wished that he should not be without a master for a single moment at his master's death, as he would thereby become free.');">⁴³</span>

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