Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 45:2

ואיכא דאמרי קטן הוה ודלא כאבא שאול דתניא גר שמת ובזבזו ישראל נכסיו והיו בהן עבדים בין גדולים בין קטנים קנו עצמן בני חורין אבא שאול אומר גדולים קנו עצמן בני חורין קטנים כל המחזיק בהן זכה בהן:

For it was taught: If a proselyte dies [without heirs] and Israelites take possession of his property, which includes slaves, whether adults or minors, they gain their liberty.<span class="x" onmousemove="('comment',' Having been for a moment without a master, they remain permanently free.');"><sup>2</sup></span> Abba Saul said: Adults acquire their freedom, but as for minors, whoever takes possession of them [even afterwards] gains a title to them.<span class="x" onmousemove="('comment',' Hence Mar Zutra's care that they should be in his service at the actual moment of death does not agree with Abba Saul's view. So Rashi, on the basis of the reading in current edition. Alfasi, Asheri, and R. Tam read: and this was (even) in accordance with Abba Saul. Though they could not gain their liberty, he put them into his service lest another take possession of them.');"><sup>3</sup></span>

Daf Shevui to Kiddushin

Others interpret the story to refer to a minor slave. If a convert dies, his adult slaves go free according to all opinions. According to Abba Shaul, minors do not become free. Thus Mar Zutra did not have to send the slave to do an errand for him. He would have remained a slave in any case, and Mar Zutra could have just taken him as a slave after R. Judah’s death.
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